Opinion
Nos. S-04-1186, S-05-230.
Filed April 14, 2006.
1. Administrative Law: Final Orders: Appeal and Error. A judgment or final order rendered by a district court in a judicial review pursuant to the Administrative Procedure Act may be reversed, vacated, or modified by an appellate court for errors appearing on the record.
2. Administrative Law: Judgments: Appeal and Error. When reviewing an order of a district court under the Administrative Procedure Act for errors appearing on the record, the inquiry is whether the decision conforms to the law, is supported by competent evidence, and is neither arbitrary, capricious, nor unreasonable.
3. Judgments: Appeal and Error. Whether a decision conforms to law is by definition a question of law, in connection with which an appellate court reaches a conclusion independent of that reached by the lower court.
4. Constitutional Law: Statutes: Appeal and Error. Whether a statute is constitutional is a question of law; accordingly, the Nebraska Supreme Court is obligated to reach a conclusion independent of the decision reached by the court below.
5. Constitutional Law: Statutes: Proof. The burden of establishing the unconstitutionality of a statute is on the one attacking its validity.
6. Constitutional Law: Statutes: Presumptions. A statute is presumed to be constitutional, and all reasonable doubts will be resolved in favor of its constitutionality.
7. Constitutional Law: Statutes: Proof. The unconstitutionality of a statute must be clearly demonstrated before a court can declare the statute unconstitutional.
8. Due Process: Notice. Procedural due process limits the ability of the government to deprive people of interests which constitute "liberty" or "property" interests within the meaning of the Due Process Clause and requires that parties deprived of such interests be provided adequate notice and an opportunity to be heard.
9. Constitutional Law: Due Process. The due process requirements of Nebraska's Constitution are similar to those of the U.S. Constitution.
10. Administrative Law: Motor Vehicles: Licenses and Permits: Due Process. Before a state may deprive a motorist of his or her driver's license, that state must provide a forum for the determination of the question and a meaningful hearing appropriate to the nature of the case.
11. Administrative Law: Due Process: Notice: Evidence. In proceedings before an administrative agency or tribunal, procedural due process requires notice, identification of the accuser, factual basis for the accusation, reasonable time and opportunity to present evidence concerning the accusation, and a hearing before an impartial board.
12. Constitutional Law: Equal Protection. The Nebraska Constitution and the U.S. Constitution have identical requirements for equal protection challenges.
13. Equal Protection. The Equal Protection Clause requires the government to treat similarly situated people alike.
14. Equal Protection: Statutes: Presumptions. Where a statute is challenged under the Equal Protection Clause, the general rule is that legislation is presumed to be valid.
15. Equal Protection. The initial inquiry in an equal protection analysis focuses on whether the challenger is similarly situated to another group for the purpose of the challenged governmental action.
16. ___. The dissimilar treatment of dissimilarly situated persons does not violate equal protection rights.
17. Equal Protection: Statutes. If a statute involves economic or social legislation not implicating a fundamental right or suspect class, courts will ask only whether a rational relationship exists between a legitimate state interest and the statutory means selected by the Legislature to accomplish that end.
18. Drunk Driving: Public Health and Welfare: Implied Consent: Blood, Breath, and Urine Tests. In addition to the interest of protecting the public by removing drunk drivers from the roadways, in the refusal-to-submit context, the State has an interest in enforcing its implied consent law so as to facilitate the gathering of evidence necessary to identify those motorists who are under the influence and thus pose a risk to public health and safety.
Appeals from the District Court for Clay County: VICKY L. JOHNSON, Judge. Cause in No. S-04-1186 remanded with directions. Cause in No. S-05-230 remanded for further proceedings.
Jon Bruning, Attorney General, Laura L. Neesen, and Milissa Johnson-Wiles for appellant.
Joseph H. Murray, P.C., L.L.O., of Germer, Murray Johnson, for appellee Kenley.
No appearance for appellee Shiels.
HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.