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withdrawn, a request for stay pending judicial review was denied, and the matter is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