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JORDAN v. STATE AGENCY OF TRANSP.

No. 96-196.

702 A.2d 58 (1997)

Kevin and Andrew JORDAN v. STATE of Vermont, AGENCY OF TRANSPORTATION.

Supreme Court of Vermont.

July 3, 1997.

Attorney(s) appearing for the Case

Colleen Conti, Underhill, for plaintiffs-appellants.

Jeffrey L. Amestoy, Attorney General, and Scott A. Whitted, Assistant Attorney General, Montpelier, for defendant-appellee.

Before GIBSON, DOOLEY, MORSE and JOHNSON, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.

GIBSON, Justice.

Kevin and Andrew Jordan appeal an order of Franklin Superior Court dismissing their petition for review of an Agency of Transportation (AOT) fuel-tax assessment. The Jordans argue that the court erred in ruling that they failed to exhaust their administrative remedies because they did not attend the administrative hearing where their appeal was initially considered. We agree that failure to attend an administrative proceeding does not necessarily...

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