CLAYTON WALKER, JD
JULY 20, 2013
Patrick
v.
Municipality of Anchorage,
Anchorage Transportation Commission
ALASKA SUPREME COURT
S-14360
No. 1464 – July 19, 2013
The Alaska Supreme Court issued another decision concerning Alaska administrative board process of revoking chauffeur’s licenses. The case doesn’t break new ground. However, it stands as a reminder
of the the appellate process on regulatory board action and the standards of review used by the courts. The matter arose from the Anchorage Municipalities 2009 decision to revoke a taxi cab license holders right to the license for repeatedly being ticketed. You can expect that the full appeal process from filing through a Supreme Court opinion may take as long as 48 months as it did in this case. That fact, combined with the review standards addressed in the opinion make it clear that the boards opinion is likely to stand if it is based on based on substantial evidence applied on a reasonable basis involving the agency’s expertise. While substantial evidence sounds like a high burden, it is not. Substantial evidence is merely “such relevant evidence as a reasonable mind might accept as adequate to support the . . . conclusion” These facts underscore why engaging counsel is necessary early in the case. Patrick stated she was not even operating the taxi that she was issued a ticket for. Her alibi was that she was working elsewhere at that time. However, she failed to gather or present evidence from the employer. She also failed to contest other evidence presented against her. Appeals don’t give you an opportunity to change the underlying facts. Counsel can advise you on the merits of your case. Counsel can assist in creating a strategic plan for accumulating and presentation of your evidence before the board. Spend your money on presenting your best case early to avoid the lengthy appellate process.
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