Zurawski v. Kansas Dept. of Revenue
851 P.2d 1385
Kan.App.,1993.

Driver's license was suspended. Driver appealed. The Shawnee District Court, Terry L. Bullock, J., reversed suspension. Department of Revenue appealed. The Court of Appeals, Briscoe, C.J., held that: (1) district court's standard of review in driver's license suspension cases is de novo; (2) appellate court applies substantial competent evidence standard when reviewing district court's ruling in driver's license suspension case; and (3) Department failed to preserve for appeal objection to admission of letters from driver's doctor.
Affirmed.

**1385 *325 Syllabus by the Court

1. The district court's standard of review in driver's license suspension cases is governed by K.S.A. 8-259(a), which provides for de novo review.
**1386 2. An appellate court applies a substantial competent evidence standard when reviewing a district court's ruling in a driver's license suspension case. K.S.A. 77-623 provides: "Decisions on petitions for judicial review of agency action are reviewable by the appellate courts as in other civil cases."
3. Any objection to evidence submitted at the administrative hearing must be made at the time of its submission, and the district court, in its consideration of issues raised below, will consider the objection and admissibility of that evidence in its de novo review.
4. Unless an issue is first raised at the administrative hearing, it may not be raised during the district court's de novo review conducted pursuant to K.S.A. 8-259(a).
5. An appellant bears the burden of providing a sufficient record on appeal to establish a claimed error.