Winterrowd v. State, Department of Administration, Division of Motor Vehicles, 2012 Alas. LEXIS 146

Winterrowd's van collided with a moose, causing damage after which DMV proposed license suspension for failure to prove liability insurance.
DMV sent notice alleging no proof of insurance and informed of right to dispute and possible exemption for low-damage accidents.
Winterrowd disputed the damage amount and sought an exemption; DMV issued a suspension-notice and scheduled an administrative hearing.
Winterrowd filed a superior court suit to enjoin suspension four days before the hearing; DMV moved to dismiss asserting failure to exhaust administrative remedies.
Superior court dismissed on August 31; Winterrowd did not attend the September 1 hearing, DMV suspended the license, and Winterrowd appealed the dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether failure to exhaust administrative remedies required dismissal	Winterrowd argues exhaustion not met yet; dispute unresolved	DMV argues exhaustion required before judicial review	Dismissal upheld for failure to exhaust
Whether Winterrowd’s lack of attendance at the hearing affected exhaustion status	Ice on merits; attendance irrelevant to exhaustion	Attendance required to exhaust and preserve rights	Exhaustion failed due to non-attendance; dismissal proper

Smart v. State, Dep't of Health & Soc. Servs., 237 P.3d 1010 (Alaska 2010) (exhaustion and administrative-review principles cited)
Bruns v. Municipality of Anchorage, Anchorage Water & Wastewater Util., 32 P.3d 362, 32 P.3d 362 (Alaska 2001) (exhaustion and administrative-appeal considerations)
Mount Juneau Enters., Inc. v. City & Borough of Juneau, 923 P.2d 768, 923 P.2d 768 (Alaska 1996) (administrative-appeal exhaustion requirement cited)
Eidelson v. Archer, 645 P.2d 171, 645 P.2d 171 (Alaska 1982) (general exhaustion discussion cited)
Van Sickle v. McGraw, 134 P.3d 338, 134 P.3d 338 (Alaska 2006) (case-law on exhaustion/administrative-review standards)