Brown v. State, Department of Administration, Division of Motor Vehicles

I dissent from the court's decision in this case for the same reasons that I dissented in Whitesides v. State, Department of Public Safety, Division of Motor Vehicles.1 Due process is not violated per se by a telephonic administrative agency hearing,2 and the hearing officer did not abuse her discretion by refusing to hold an in-person hearing given the reasons that were offered in this case.

A party to an administrative proceeding may not obtain appellate review of an issue unless the party has raised the issue before the agency.3 As occurred in Whitesides, Brown did not raise concerns about…