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Soza v. Kansas Dep't of Revenue Division of Vehicles11/12/2004
in a motion for rehearing before the commission and to a review of the agency record.
"Plaintiff argues the issue was raised at the administrative hearing because the issue of reasonable grounds was argued. This definition of issue, however, is too expansive. Any of the grounds for revocation specified by the statute could be challenged by a licensee with a variety of arguments. If the agency is not made aware of the argument at the hearing, it cannot truly be said that the court in the de novo hearing is reviewing the agency action." (Emphasis added.) Angle, 12 Kan. App. 2d at 764-65.
Since Soza's mere "reservation" failed to adequately raise issues at the administrative hearing, the district court did not err in granting summary judgment to KDOR, dismissing the appeal for failure to exhaust administrative remedies and resultant lack of subject matter jurisdiction. See Turner & Boisseau, 26 Kan. App. 2d at 40.
Affirmed.
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