Lewis v. State, Dept. of Transp.
| Decision Date | 17 August 2006 |
| Docket Number | No. 31833.,31833. |
| Citation | 143 Idaho 418,146 P.3d 684 |
| Parties | Lawrence D. LEWIS, Plaintiff-Appellant, v. STATE of Idaho, DEPARTMENT OF TRANSPORTATION, Defendant-Respondent. |
| Court | Idaho Court of Appeals |
Stanley Crow, Boise, and William J. Olson, P.C., McLean, Virginia, for appellant. Herbert W. Titus argued.
Hon. Lawrence G. Wasden, Attorney General; Joseph T. Thomas, Deputy Attorney General, Idaho Falls, for respondent. Joseph T. Thomas argued.
Lawrence D. Lewis appeals from the district court's decision upon judicial review affirming the Idaho Department of Transportation's order denying his application to renew his driver's license. For the reasons set forth below, we affirm.
Lewis attempted to renew his driver's license but refused to provide his social security number as required by the application. Lewis asserted he no longer used his social security number. Lewis was informed by the Idaho Department of Transportation that, absent written verification from the Social Security Administration that he had not been issued a number, Lewis was required to provide his social security number in order to complete the application.
Following Lewis's refusal to provide his social security number, the department suspended Lewis's license and his renewal application was denied.1 Lewis requested an administrative hearing, claiming that his social security number was invalid and the requirement to provide a social security number violated his free exercise of religion. Lewis acknowledged he was issued a social security number in 1963, but claimed he stopped using it and had tried to have the Social Security Administration revoke the number. Lewis believes the number issued to him by the federal government is either the precursor to, or actually is, the biblical "mark of the beast."
Upon conclusion of the administrative hearing, the hearing officer upheld the department's decision to deny renewal of Lewis's license. Lewis filed a motion for reconsideration, which was also denied. Lewis appealed the decision of the hearing officer. Upon review of the case and additional briefing by both parties, the director of the department issued an order affirming the hearing officer's decision to not renew Lewis's license. The director also denied Lewis's subsequent motion for reconsideration of the order.
Lewis appealed from the director's order to the district court. After oral argument, the district court remanded the case back to the department for further findings. Following a hearing on remand, the department concluded that Lewis had a sincere religious motivation for his claim. The department then articulated the compelling state interests that were furthered and how the collection of social security numbers was the least restrictive means of meeting those interests. The department also asserted that it was required to collect the social security numbers of driver's license applicants in order to meet the requirements of federal law. Lewis appealed to the district court, which affirmed the department's order. Lewis again appeals.2
The Idaho Administrative Procedures Act (IDAPA) governs the review of Department of Transportation decisions to deny, cancel, suspend, disqualify, revoke or restrict a person's driver's license. See I.C. §§ 49-201, 49-330, 67-5201(2), 67-5270. In an appeal from the decision of the district court acting in its appellate capacity under the Idaho Administrative Procedures Act (IDAPA), this Court reviews the agency record independently of the district court's decision. Marshall v. Idaho Dept. of Transp., 137 Idaho 337, 340, 48 P.3d 666, 669 (Ct.App. 2002). This Court does not substitute its judgment for that of the agency as to the weight of the evidence presented. I.C. § 67-5279(1); Marshall, 137 Idaho at 340, 48 P.3d at 669. This Court instead defers to the agency's findings of fact unless they are clearly erroneous. Castaneda v. Brighton Corp., 130 Idaho 923, 926, 950 P.2d 1262, 1265 (1998); Marshall, 137 Idaho at 340, 48 P.3d at 669. In other words, the agency's factual determinations are binding on the reviewing court, even where there is conflicting evidence before the agency, so long as the determinations are supported by substantial competent evidence in the record. Urrutia v. Blaine County, ex rel. Bd. of Comm'rs, 134 Idaho 353, 357, 2 P.3d 738, 742 (2000); Marshall, 137 Idaho at 340, 48 P.3d at 669.
The Court may overturn an agency's decision where its findings, inferences, conclusions, or decisions: (a) violate statutory or constitutional provisions; (b) exceed the agency's statutory authority; (c) are made upon unlawful procedure; (d) are not supported by substantial evidence in the record; or (e) are arbitrary, capricious, or an abuse of discretion. I.C. § 67-5279(3). The party challenging the agency decision must demonstrate that the agency erred in a manner specified in I.C. § 67-5279(3) and that a substantial right of that party has been prejudiced. Price v. Payette County Bd. of County Comm'rs, 131 Idaho 426, 429, 958 P.2d 583, 586 (1998); Marshall, 137 Idaho at 340, 48 P.3d at 669. If the agency's decision is not affirmed on appeal, "it shall be set aside ... and remanded for further proceedings as necessary." I.C. § 67-5279(3).
The department denied renewal of Lewis's license based on his refusal to provide his social security number as required by I.C. § 49-306(2), which provides:
(2) Every application shall state the true and full name, date of birth, sex, declaration of Idaho residency, Idaho residence address and mailing address, if different, of the applicant, height, weight, hair color, and eye color, and the applicant's social security number as verified by the applicant's social security card or by the social security administration.
(a) The requirement that an applicant provide a social security number as verified by his social security card or by the social security administration shall apply only to applicants who have been assigned a social security number.
(b) An applicant who has not been assigned a social security number shall:
(i) Present written verification from the social security administration that the applicant has not been assigned a social security number; and
(ii) Submit a birth certificate, passport or other documentary evidence issued by an entity other than a state or the United States; and (iii) Submit such proof as the department may require that the applicant is lawfully present in the United States.
On appeal, Lewis asserts the department erred on several grounds.3 Primarily, Lewis argues the statutory requirement that he provide a social security number to apply for a driver's license violates his right under the Idaho Free Exercise of Religion Act. See I.C. § 73-402. Idaho Code Section 73-402 provides:
(1) Free exercise of religion is a fundamental right that applies in this state, even if laws, rules or other government actions are facially neutral.
(2) Except as provided in subsection (3) of this section, government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability.
(3) Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person is both:
(a) Essential to further a compelling governmental interest;
(b) The least restrictive means of furthering that compelling governmental interest.
(4) A person whose religious exercise is burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. A party who prevails in any action to enforce this chapter against a government shall recover attorney's fees and costs.
(5) In this section, the term "substantially burden" is intended solely to ensure that this chapter is not triggered by trivial, technical or de minimis infractions.
The term "demonstrates," as applied in I.C. § 73-402(3), is defined in I.C. § 73-401 as: "meets the burdens of going forward with evidence, and persuasion under the standard of clear and convincing evidence."
The state asserts that the I.C. § 49-306(2) requirement that an individual seeking a driver's license provide his or her social security number is mandated by federal law under 42 U.S.C. § 666(a)(13)(A). Collecting applicants' social security numbers, argues the state, is the only way to meet the requirements of federal law, and federal law therefore preempts the Idaho Free Exercise of Religion Act.
The laws of the United States "shall be the supreme Law of the Land; ... any Thing in the Constitution or Laws of any state to the Contrary notwithstanding." U.S. CONST. art. VI, cl. 2. Accordingly, the United States Supreme Court has established that a state law that conflicts with federal law is "without effect." Cipollone v. Liggett Group, Inc., 505 U.S. 504, 516, 112 S.Ct. 2608, 2617, 120 L.Ed.2d 407, 422-23 (1992); M'Culloch v. Maryland, 17 U.S.(4 Wheat) 316, 427, 4 L.Ed. 579, 606 (1819). Federal law may preempt state law in two ways. Boundary Backpackers v. Boundary County, 128 Idaho 371, 375, 913 P.2d 1141, 1145 (1996). If Congress exhibits intent to occupy a given field of law then any state law encroaching into that field is preempted. Id. If Congress has not occupied a given field, but a state law conflicts with federal law, state law is still preempted to the extent it conflicts with federal law. Id.
The federal statute in question, 42 U.S.C. § 666, is part of the Welfare Reform Act which requires each state to have effective interstate child support enforcement laws and implement those procedures set forth by federal statute. 42 U.S.C. § 654(20). Congress initially enacted child support enforcement programs and laws to improve...
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