August 28th. The Kansas Supreme Court has issued its opinion in Moser v. Kansas Department of Revenue (No. 96,734) an appeal from a suspension of a driving license. In a unanimous opinion, written by Justice Lee Johnson, the court held that an administrative appeal against a driving license suspension must be filed within 10 days of the suspension, or be procedurally blocked from further relief.
Brandon Moser was in a car accident and police suspect him of DUI. He refused a breath test. This was not the first time this had happened. Given all this, his license was suspended by the police officer attending the scene, who filled out a form notifying Moser that in 30 days his license would be suspended for 10 years, absent his appealing. Moser did not file an administrative appeal, and outside the 10 day period to do so filed a suit in District Court seeking to overturn his suspension on the grounds that the 10 year suspension was excessively penal.
The District Court heard his motion, because it was filed within 30 days of the suspension notice. The Court found that in this case the 10 day rule did not apply and that a separate 30 day rule did. The Court then rejected Moser’s case on the grounds that he had not used up his administrative remedies.
Moser appealed the latter part, the Department of Revenue appealed the ruling about the 30 day rule applying. The Court of Appeals held that the 10 day rule applied but affirmed the District Court’s ruling that it could not reach the merits of the case. Moser appealed to the Kansas Supreme Court.
The Kansas Supreme Court agreed with the Court of Appeals. It found that the District Court’s ruling that the 30 day appeal period applied was not supportable based on the plain reading of the statute. The 10 day rule is the one which applies. Therefore it found that there was no jurisdiction for the case to be heard in any court and affirmed the lower Courts’ dismissal of Moser’s actions.