Anderson v. Department of Administration, Division of Motor Vehicles
Anderson v. Department of Administration, Division of Motor Vehicles
Opinion of the Court
I. INTRODUCTION
A motorist appeals the superior court's dismissal of his claim that the Division of Motor Vehicles (DMV) failed to properly transfer a motorcycle endorsement from his California driver's license to his new Alaska license in 1992. The court decided that the motorist's claim, filed in 2017, was barred by the statute of limitations, the doctrines of laches and exhaustion of administrative remedies, and the governing DMV regulations. The court also awarded the DMV attorney's fees calculated pursuant to the Alaska Civil Rule 82(b)(2) schedule. The motorist appeals.
We affirm the superior court's decision primarily on laches grounds. The motorist filed his claim 25 years after the DMV's alleged mistake, long past the time the DMV could reasonably be expected to have retained any evidence relevant to its defense. We also affirm the award of attorney's fees, which the motorist did not oppose in the superior court, because the scheduled award is not plainly erroneous.
II. FACTS AND PROCEEDINGS
This case was decided on the pleadings; we therefore take as true the following allegations of the complaint.
Anderson was discharged in 1992 and acquired an Alaska driver's license. Although he did not notice at the time, his Alaska license "did not reflect the motorcycle endorsement *219that was on the California [l]icense," and the DMV failed to inform him that the endorsement was not transferred "or that there were other requirements to continue to operate his motorcycle on Alaska['s] highways and/or roads." Anderson nonetheless continued driving his motorcycle until 2007, when he registered a new "motorcycle/scooter" with the DMV and, at about the same time, learned that his license lacked a valid motorcycle endorsement.
On March 31, 2017, Anderson again renewed his driver's license and again asked the DMV to give him a motorcycle endorsement. This time he showed a photocopy of his decades-old, expired California driver's license, but the DMV again "failed to reinstate" his motorcycle endorsement.
In May 2017, proceeding pro se, Anderson filed a complaint in which he "respectfully ask[ed] the court to mandate that [the DMV] restore [his] motorcycle endorsement ... as it should have been done" in 1992 when he first surrendered his California license in exchange for an Alaska one. The DMV filed an answer and a few months later moved for judgment on the pleadings pursuant to Alaska Civil Rule 12(c). The DMV argued that Anderson's claim accrued in 1992, when he transferred his license, and was now barred by a 10-year statute of limitations. The DMV also argued that "forc[ing it] to address an alleged error that occurred decades ago" would violate due process, because "[t]he records related to this transaction are long gone and it would likely be impossible to reconstruct what occurred through witness testimony." The DMV also relied on the doctrine of laches and Anderson's failure to exhaust his administrative remedies. Finally, the DMV relied on its regulations to contend that it lacked authority to transfer an endorsement from a license that had expired so long ago.
Anderson did not file an opposition to the motion, and the superior court granted it, relying "on the legal analysis in ... the DMV's motion." The court awarded the DMV attorney's fees of $ 809.67 pursuant to the schedule of Alaska Civil Rule 82(b)(2) for cases resolved short of trial and without a money judgment.
Anderson now appeals.
III. STANDARD OF REVIEW
"We review the grant of a motion for judgment on the pleadings de novo."
The interpretation of a regulation is a question we review de novo.
IV. DISCUSSION
A. The Superior Court Did Not Abuse Its Discretion By Applying The Laches Defense To Anderson's Claim For Injunctive Relief.
The specific relief Anderson seeks by his complaint is a "mandate that the Alaska Division of Motor Vehicles restore [his] motorcycle endorsement ... as it should have been done at the time of [transference], at no cost to [him]." Traditionally, a suit asking the court to order a government official to act in a certain way is an action for mandamus.
The defense of laches requires that the defendant "show two 'independent' elements": "(1) that the plaintiff has unreasonably delayed in bringing the action, and *221(2) that this unreasonable delay has caused undue harm or prejudice to the defendant."
Prejudice is also apparent on the undisputed facts. As the DMV points out, its document retention policy is required by statute and set out in regulation, 2 AAC 90.475. The regulation requires that records of non-commercial driver's license applications, denials, suspensions, revocations, cancellations, and disqualifications "will be retained by the department for a period of 15 years following the entry into the department's database," after which the DMV "will destroy" the records "with no further activity" pursuant to the public records maintenance requirements of AS 40.21.
We have approved use of the laches doctrine in circumstances where the delay was less obviously unreasonable and prejudicial. In Kollander v. Kollander we reviewed a superior court's finding that a former wife unreasonably delayed in bringing a claim for pension benefits under a 1992 qualified domestic relations order.
In Laverty v. Alaska Railroad Corp. , we reviewed the superior court's decision to apply laches to a citizen-taxpayer's suit to enjoin enforcement of a contract for the extraction of gravel near a residential neighborhood.
We conclude that, on the undisputed facts, the superior court did not abuse its discretion by applying the doctrine of laches to bar Anderson's claim that the DMV acted improperly in 1992 when it allegedly failed to transfer his California motorcycle endorsement to his Alaska license.
B. The DMV's Regulations Did Not Require It To Issue Anderson A Motorcycle Endorsement In
Anderson appears to allege that the DMV compounded its 1992 mistake on two subsequent occasions: in 2007, when it "allowed [Anderson's] registration and collection of fees for a motorcycle/scooter" while denying him a motorcycle endorsement; and again in 2017, when it once more refused to issue the endorsement despite the fact that Anderson showed DMV personnel a photocopy of the California driver's license he had surrendered in 1992. But the action Anderson demanded of the DMV was not required by its governing regulations.
First, the regulations do not provide for transfer of an out-of-state motorcycle endorsement that expired many years ago. Renewal of expired endorsements does not appear to be separately addressed, but 2 AAC 90.420(h) provides that the "renewal of a license that has expired for more than one year" (emphasis added) must involve a road test "[u]nless the applicant is eligible for a waiver under (j), (l ), or (n) of this section." Subsection (j) - the only one of the three waiver sections relevant here
Second, while the regulations do provide for waiver of the motorcycle skills test in some circumstances, they do not require it here. 2 AAC 90.420(k) provides that the *223DMV "may waive the motorcycle skills test for an applicant who submits to the department proof of the applicant's successful completion of a Motorcycle Safety Foundation Course or another motorcycle safety program or course acceptable to the department." "[T]he term 'may' generally denotes permissive or discretionary authority."
We conclude that, in light of the DMV's governing regulations, the superior court did not err by dismissing Anderson's claims based on his 2007 and 2017 requests that the DMV transfer his long-expired California motorcycle endorsement.
C. There Is No Plain Error In The Superior Court's Award Of Attorney's Fees Pursuant To The Rule 82(b)(2) Schedule.
Finally, Anderson challenges the superior court's award of attorney's fees, arguing that he cannot afford to pay them. He did not oppose the DMV's attorney's fees motion in the superior court, however, so we review his challenge only for plain error.
Alaska Civil Rule 82(b)(2) provides that for cases involving no money judgment and resolved short of trial, "the court shall award the prevailing party ... 20 percent of its actual attorney's fees which were necessarily incurred." The superior court adhered to the schedule in this case when it awarded the DMV $809.67, calculated as 20 percent of the DMV's reasonable and actual attorney's fees. We have repeatedly held that "awards of attorney's fees made pursuant to the schedule set out in Rule 82 are presumptively correct, and the superior court need not make any findings in support of the award."
V. CONCLUSION
The judgment of the superior court is AFFIRMED.
State v. Jennings ,
Anderson explained at oral argument that he discovered his lack of the proper endorsement not from the DMV but from a friend who looked at his license and saw that the endorsement was missing.
2 Alaska Administrative Code (AAC) 90.420(j) (2019) ("The department will waive the road test requirement ... for an applicant for ... renewal of a driver's license if the (1) applicant previously possessed the same class of driver's license [from] ... another state ... and (2) driver's license was expired ... less than five years from the current date of application.").
Cornelison v. TIG Ins. ,
Kollander v. Kollander ,
Id. at 903.
Keener v. State ,
Pease-Madore v. State, Dep't of Corr. ,
Riddle v. Lanser ,
In re Hospitalization of Gabriel C. ,
See Wade v. Dworkin ,
Alaska R. Civ. P. 91(b) ; see Wade ,
See Alaska R. Civ. P. 65 (establishing procedure for issuance of injunctions). A "mandatory injunction 'orders an affirmative act or mandates a specified course of conduct.' " Cook Inlet Fisherman's Fund v. State, Dep't of Fish & Game ,
See State v. First Nat'l Bank of Anchorage ,
City & Borough of Juneau v. Breck ,
See Ferrell v. Baxter ,
See, e.g. , EEOC v. Propak Logistics, Inc. ,
See also 4 AAC 59.015(a) (2016) (requiring every state agency to "prepare a records retention schedule for all agency records and submit the schedule to the state archivist"); AS 40.21.030(b)(11) (requiring state archivist to "receive records retention schedules from the agencies and submit them to the attorney general for review and approval").
Anderson does not challenge the regulations' validity, arguing instead that the DMV failed to comply with them.
Subsection (l ) applies to an applicant for "a Class R license" (for operating ATVs and snowmachines), see 2 AAC 90.210(b)(2)(G) (2019), and subsection (n) applies to an applicant "with military commercial motor vehicle experience who seeks a commercial driver's license."
Garrison v. Dixon ,
Alaska Dep't of Transp., Div. of Motor Vehicles, Motorcycle Operator Manual ii (2015), http://doa.alaska.gov/dmv/dlmanual/mcman.pdf; see also Motorcycle License, Dep't of Admin ., http://doa.alaska.gov/dmv/akol/motor.htm (last visited Feb. 28, 2019) ("An applicant for an M1, M2, or M3 license may have the written and road testing requirements waived by completing a Motorcycle Safety Foundation course and presenting the completion certificate to the DMV. The certificate is valid to waive the test for the current or previous calendar year.").
State v. Terry ,
See Lord v. Wilcox ,
Greene v. Tinker ,
Reference
- Full Case Name
- Thomas I. ANDERSON Sr. v. State of Alaska, DEPARTMENT OF ADMINISTRATION, DIVISION OF MOTOR VEHICLES
- Cited By
- 5 cases
- Status
- Published