Webb v. Sharp

¶1concur in the result reached by the majority but believe that the majority errs by considering the merits of the reliability of the field tests. Neither Thomas nor Sharp questioned the reliability of the field tests during the administrative disciplinary process. As Judge KNOPF noted in his separate opinion, the failure to raise an issue before an administrative body precludes a litigant from raising that issue in an action for judicial review of the agency’s action. O’Dea v. Clark, 883 S.W.2d 888, 892 (Ky. App.1994).