Doyle v. Secretary of State

• Court: Superior Court of Maine
• Decided: May 7, 2010
• Docket: KENap-09-50
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT KENNEBEC, SS. CIVIL ACTION DOCKET NO. AP-09-ji? ! J)e ' / If,VJ -~/7/)O/D TERENCE B. DOYLE,

Petitioner

v. ORDER

SECRETARY OF STATE,

Respondent

This matter is before the court on petitioner's M.R. Civ. P. SOC petition for review

of administrative action by the Secretary of State Bureau of Motor Vehicles.

Effective September 4, 2009, pursuant to 29-A M.R.S.A. § 2521(6), based on a

report from a Waterville police officer that Doyle was operating a motor vehicle while

under the influence of alcohol on August 16, 2009, and then refused to submit to and

complete a chemical test to determine his blood-alcohol level and drug concentration,

petitioner's drivers license was suspended for a 275-day period. Upon his request for

an administrative hearing, a hearing notice was issued for a hearing to be conducted

Wednesday, September 16, 2009, at the Augusta office. Prior to that time, in a letter

dated August 26, 2009, retained counsel notified the Bureau of his entry of appearance

and requested a work permit for the petitioner. On the day and time of the hearing,

petitioner was unable to appear, but counsel appeared on his behalf. Prior to the start

of the hearing, counsel withdrew the request for the hearing, apparently, because of an

understanding that a hearing would not be necessary if the arresting officer appeared,

which did occur. The order of the examiner indicates that the request for hearing was

withdrawn, a request for stay pending judicial review was denied, and the matter is

now before the court Because this matter is clearly determined by the waiver of the petitioner of his

request for hearing at the administrative agency level, which would have been

authorized to provide him relief on his request, the administrative remedies have not

exhausted and the court must deny his petition for review. York Hospital v. Dep't of

Human Servs., 2005 ME 41, § 30, 869 A.2d 729, 736 (no procedural due process violation where party withdrew request for administrative hearing); Brown v. Unemployment Ins.

Comm'n, 2005 W.L. 339676 (Me. Super. Ct. Cole, J., Sept. 27, 2005) (denying motion to

take additional evidence in part because petitioner failed to appear at an administrative

hearing).

The entry will be:

The petition for M.R. Civ. P. 80C review is DENIED.

DATED:;'U~ ? '],,-6(0

Donald H. Marden Justice, Superior Court

2 Date Filed _ _10-,/_1_5--,-/_0_9_ _ Kennebec Docket No.. AP-09-S0 County

Action Petition For Review 80C

Terence B. Doyle Bureau of Motor Vehicles vs. Plaintiff's Attorney Defendant's Attorney

Terence B. Doyle - Pro Se Donald Macomber, AAG PO Box 615 6 State House Station 302 Main Street Augusta, Maine 04333-0006 Jackman, ME 04945

Date of Entry

10/17/09 Petition for review and attachments, filed 10/15/09.

10/28/09 Letter entering appearance, filed. s/Macomber, AAG (filed 10126/09) Respondent's Opposition to Petitioner's Pro Se Motion for Stay, filed. s/l1acomber, AAG

11/10/09 Certified Record, filed. s/Macomber, AAG (11/6/09) 11/10/09 NOTICE AND BRIEFING SCHEDULE ISSUED Copies to party/atty.

12/14/09 Petitioner's Brief, filed. s/Doyle, Pro Se 1/27/10 Respondent's Brief with Incorporated Motion for Enlargement of Time to File Brief Nunc Pro Tunc, filed. s/Macomber, AAG

4/8/10 Letter informing the court that there is no objection to the court's consideration without oral argument, filed. s/Macomber, AAG

5/7 / 10 ORDER, Marden, J. The petition for M.R.Civ.P.80C reveiw is DENIED. Copies to party/counsel Copies to repositories