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GERSTELL v. STATE EX REL. DEPT. OF REVENUE & TAXATION

No. 87-294.

769 P.2d 389 (1989)

Judy Lynn GERSTELL, Petitioner, v. STATE of Wyoming, ex rel., DEPARTMENT OF REVENUE AND TAXATION, Respondent.

Supreme Court of Wyoming.

February 24, 1989.

Attorney(s) appearing for the Case

Robert J. Reese, Reese & Mathey, Green River, for petitioner.

Joseph B. Meyer, Atty. Gen., Peter J. Mulvaney, Deputy Atty. Gen., Mark Quiner, Asst. Atty. Gen., for respondent.

Before CARDINE, C.J., THOMAS, URBIGKIT and MACY, JJ., and BROWN, J., Retired.

THOMAS, Justice.

The question raised by the appellant, Judy Lynn Gerstell (Gerstell), is whether the procedure invoked for suspension of a driver's license under the provisions of §§ 31-6-101 to -106, W.S. 1977 (May 1987 Repl.), relating to implied consent to chemical testing, is invalid and void because it contravenes the provisions found in the Wyoming Administrative Procedure Act (§§ 16-3-101 to -115, W.S. 1977 (Oct. 1982 Repl.)), particularly...

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