Medina v. Arizona Department of Transportation

I believe that the dispositive question on appeal is whether ADOT waived its claim that Medina was required to request a rehearing of its decision when it said in superi- or court that a motion for rehearing was not a prerequisite to judicial review of its order suspending Medina’s driver’s license pursuant to AR.S. section 28-694. In other words, the issue is whether the doctrine of exhaustion of administrative remedies implicates a trial court’s subject-matter jurisdiction. I respectfully dissent because I conclude that Medina’s failure to exhaust his administrative remedies deprived the…