Mabus v. Blackstock

¶ 16 I see this case somewhat differently than do my colleagues. First, I disagree with the main opinion’s assertion that “[i]t is undisputed that the Division failed to present evidence that the officer here served Mabus with the statutorily required immediate notice of the Division’s intent to revoke, along with basic information on how to obtain a hearing.” Second, the main opinion ignores the impact of a de novo review of an informal agency proceeding under the Utah Administrative Procedures Act (UAPA).

I. Evidence of Notice

¶ 17 In the mid-1980s, the event that invoked the jurisdiction of…