Mark Eugene Johnson v. Dept of Transportation

PERRY, Judge Pro Tern.

The Idaho Department of Transportation (ITD) appeals from the district court’s order vacating the hearing officer’s decision to sustain the suspension of Mark Eugene Johnson’s driver’s license. ITD claims that the district court lacked jurisdiction to enter a stay pending judicial review because Johnson did not exhaust his administrative remedies. 1 ITD also claims the court lacked jurisdiction to vacate the hearing officer’s decision because Johnson filed his petition for judicial review prior to receiving a final, appealable order. ITD argues in the alternative that if…