Pearson v. Kansas Dept. of Revenue

Burgess, S.J.:

*478 Kyle Pearson appeals the district court's order affirming the suspension of his driving privileges for the failure of a chemical breath test. Pearson argues the district court erred in concluding that the first hearing officer in the administrative proceedings had the authority to sua sponte withdraw the first administrative order that dismissed the suspension action against him and to reinstate the matter for a second hearing. Pearson also argues the first hearing officer's actions violated his due process rights and the separation of powers doctrine, and caused him financial…