Fuchs v. State, Department of Idaho State Police, Bureau of Alcohol Beverage Control

BURDICK, Chief Justice.

This ease arises out of the district court’s dismissal for failure to exhaust administrative remedies of Daniel S. Fuchs’s (Fuchs) petition for judicial review and complaint for declaratory and injunctive relief. Fuchs is challenging the Alcohol Beverage Control’s (ABC) removal of his name from liquor license priority waiting lists. He argues that the agency actions constitute an informal rule that was not promulgated in accordance with the Idaho Administrative Procedure Act (Idaho APA). In response, ABC argues that Fuchs’ failed to exhaust administrative remedies…