Gerstell v. Dept. of Revenue & Taxation

The question raised by the appellant, Judy Lynn Gerstell (Gerstell), is whether the procedure invoked for suspension of a driver's license under the provisions of 31-6-101 to -106, W.S. 1977 (May 1987 Repl.), relating to implied consent to chemical testing, is invalid and void because it contravenes the provisions found in the Wyoming Administrative Procedure Act (16-3-101 to -115, W.S. 1977 (Oct. 1982 Repl.)), particularly 16-3-113(c). We hold that the proceedings which resulted in the suspension of Gerstell's driver's license were not invalid or void for lack of jurisdiction or for failure to comply with the provisions of 16-3-113(c). We affirm the order of the Department of Revenue and Taxation (Department) suspending Gerstell's driver's license. In her Brief of Appellant, Gerstell says that the issue is: