McDougle v. State ex rel. Bruning
Annotate this CaseEric McDougle held licenses as a mental health practitioner and as a provisional alcohol and drug counselor. The director of the Division of Public Health of the Department of Health and Human Services (Department) issued an order revoking McDougle’s licenses after finding that McDougle engaged in unprofessional conduct. McDougle petitioned for judicial review, naming the Department and the State as parties to the petition and timely serving process upon them. The State filed a motion to dismiss the petition for review on the ground that McDougle failed to timely request preparation of the official record upon the Department. The district court granted the motion. At issue before the Supreme Court was whether the Department was a “party of record” under the Administrative Procedure Act such that McDougle was not required to timely request the preparation of the official record as a prerequisite to the district court’s jurisdiction over the petition for review. The Supreme Court reversed, holding that the Department was properly a party to the petition for review and was properly served with a copy of that petition, and therefore, McDougle was not required to separately serve the Department with a copy of the petition and a request to prepare the official record. Remanded.
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