Summary
The Arkansas Supreme Court dismissed Morris B. Koontz’s appeal from the denial of his motion for reconsideration concerning his petition for judicial review of Arkansas Department of Correction disciplinary and classification actions. The court held that the petition was untimely under the Arkansas Administrative Procedure Act because it was filed more than thirty days after service of the agency’s final decision. The appellant’s motion for an extension of time to file his brief was therefore moot.
Topics
Practice areas
Questions Presented
- Whether Koontz's petition for judicial review under the Arkansas Administrative Procedure Act was filed within the statutory thirty-day period after service of the ADC's final decision.
- Whether the appeal should be dismissed as untimely and Koontz's motion for an extension of time to file his brief-in-chief should be denied as moot.
- Whether the court needed to decide whether Koontz's constitutional claims brought his petition within the exception allowing inmates to obtain APA review of constitutional questions.
Holdings
- A petition for judicial review under the APA must be filed within thirty days after service of the agency's final decision. Koontz's petition, filed January 2, 2013, was untimely because the record showed that he had been served no later than October 22, 2012.
- The court did not need to determine whether Koontz's claims fell within the constitutional-question exception to the general statutory bar on APA review by inmates because the petition was untimely in any event.
- The motion for extension of time was moot because the appeal was dismissed as untimely.
Key quotations
“Under the APA, a petition for judicial review must be filed within thirty days after service of the agency’s final decision upon the petitioner.” (2014 Ark. 232 at 4)
“Because appellant’s petition for review was untimely, he is precluded from seeking relief under the APA.” (2014 Ark. 232 at 5)
Factual background
An ADC disciplinary charge against Koontz resulted in findings that he violated several disciplinary rules, including rules concerning assault, disobeying staff orders, and felony or misdemeanor conduct. He received punitive isolation, forfeiture of 792 days of good-time credit, and a reduction to Class IV status; the warden, disciplinary hearing administrator, and ADC director affirmed the decision, with the director's decision dated August 31, 2012. Koontz was also classified as a PREA inmate and remained in administrative segregation. He signed his petition for judicial review on October 22, 2012, but the petition was not filed until January 2, 2013.
Procedural history
Koontz filed a petition for judicial review under the Arkansas Administrative Procedure Act challenging disciplinary proceedings, ADC policies, and his classification under the Prison Rape Elimination Act. The circuit court dismissed the petition with prejudice as untimely and denied reconsideration. The Supreme Court dismissed the appeal because the petition was filed more than thirty days after service of the ADC's final decision and held the extension motion moot.