Erickson v. Idaho Board of Registration of Professional Engineers & Professional Land Surveyors, 146 Idaho 852

Summary

The Idaho Supreme Court held that a petition for judicial review of an agency order was untimely under Idaho Code § 67-5273(2). Because the petition was filed two days after the statutory deadline, the district court lacked jurisdiction to review the Idaho Board of Registration's dismissal of the complaint. The court vacated the district court's judgment and remanded with directions to dismiss the petition for judicial review.

Holdings

1. The petition was untimely because it was filed on July 12, 2006, two days after the July 10, 2006 deadline calculated from the Board's June 10 decision on reconsideration.
2. The May 12, 2006 order dismissing Erickson's complaint was the final order for purposes of section 67-5273(2); the June 10 order was the decision on reconsideration and could not also be the final order being reconsidered.
3. The statutory term 'issuance' means the date the agency order was signed and issued, not the date the order was served.
4. An untimely petition for judicial review is jurisdictionally barred, requiring dismissal of the petition and depriving both the district court and the Supreme Court of jurisdiction to review the merits.

Questions Presented

1. Whether the petition for judicial review was timely under Idaho Code section 67-5273(2).
2. Whether the statutory twenty-eight-day period ran from issuance of the Board's initial final order or from service of that order.
3. Whether the district court and the Supreme Court had jurisdiction to review the agency action when the petition for judicial review was untimely.

Disposition

vacated