244 P.3d 1250
Idaho2011Background
- Wanner was arrested for DUI after breath tests of 0.094 and 0.090.
- IDOT issued a Notice of Suspension that stated a seven-day window to request a hearing and described consequences of suspension.
- Wanner did not request a hearing within seven days; he sought a hearing fourteen days later.
- IDOT denied the untimely hearing request; the district court initially reversed IDOT and found due process problems with the notice.
- The statutory scheme separates license suspension (18-8002A) from CDL disqualification (49-335(2)); exhaustion of administrative remedies is required before judicial review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of hearing request under 18-8002A(7) | Wanner should receive a hearing due to CDL consequences not stated. | Wanner waived rights by not timely requesting a hearing. | Waived right to an 18-8002A hearing; no jurisdiction for that challenge. |
| Exhaustion for CDL disqualification | Notice failed to warn about 49-335(2) CDL consequences. | CDL remedies are distinct; exhaustion required for CDL issue. | Wanner failed to exhaust administrative remedies for CDL disqualification; petition dismissed. |
Key Cases Cited
- Lochsa Falls, L.L.C. v. State, 147 Idaho 232 (2009) (exhaustion policy and exceptions in administrative review)
- White v. Bannock Cnty. Comm'rs, 139 Idaho 396 (2003) (policy reasons for exhausting administrative remedies)
- Druffel v. State, Dep't of Transp., 136 Idaho 853 (2002) (IDAPA and agency-review framework)
- Morgan v. Idaho Dep't of Health and Welfare, 120 Idaho 6 (1991) (limited judicial review when agency findings violate statutory provisions)
- Am. Falls Res. Dist. No. 2 v. Idaho Dep't of Water Res., 143 Idaho 862 (2007) (statutory interpretation and judicial review standards)