(DOWNLOAD) "Medina v. Arizona Department of Transportation" by Arizona Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Medina v. Arizona Department of Transportation
- Author : Arizona Court of Appeals
- Release Date : January 05, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Opinion THOMPSON, Judge The dispositive issue in this appeal is whether the alleged failure of Petitioner-Appellee Daniel Medina (""Medina"") to exhaust all available administrative remedies following suspension of his driver's license, pursuant to Ariz. Rev. Stat. Ann. (""A.R.S."") § 28-694, deprived the trial court of jurisdiction to entertain his appeal. We hold that the doctrine of exhaustion of administrative remedies does not implicate subject-matter jurisdiction, but rather is a procedural prerequisite to judicial review of an agency determination, and that the failure of Respondent-Appellant Arizona Department of Transportation (""ADOT"") to timely raise this potential procedural defense resulted in its waiver. We therefore affirm the trial court's judgment. FACTS AND PROCEDURAL HISTORY