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IN RE JOHNSON

No. 38090.

280 P.3d 749 (2012)

In the Matter of the Driver's License Suspension of Mark Eugene JOHNSON. Mark Eugene Johnson, Petitioner-Respondent, v. State of Idaho, Transportation Department, Appellant.

Court of Appeals of Idaho.

Review Denied July 20, 2012.

Attorney(s) appearing for the Case

Edwin L. Litteneker , Lewiston, for appellant.

Siebe Law Offices, PLLC, Moscow, for respondent. James E. Siebe argued.

PERRY, Judge Pro Tem.

The Idaho Department of Transportation (ITD) appeals from the district court's order vacating the hearing officer's decision to sustain the suspension of Mark Eugene Johnson's driver's license. ITD claims that the district court lacked jurisdiction to enter a stay pending judicial review because Johnson did not exhaust his administrative remedies.1 ITD also claims the court...

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