Defense says records fail to show compliance with mailing custom; cites job tickets kept by vendor

Dana Nelson, counsel for respondent Brandon Deutsch, told the panel the superior court’s decision should be affirmed because the Department of Licensing failed to present evidence that the mailing custom was followed for Deutsch’s notice. "This court should affirm the superior court because the department presented no evidence of compliance with the mailing custom when mister Deutsch's letter was supposedly mailed," Nelson said.

Nelson pointed to testimony from the CMS representative that the contractor keeps job tickets for each batch and that those records are retained "for 6 to 7 years," arguing those records could have shown whether batches matched the Department of Licensing’s submitted numbers. Nelson also stressed that Miller’s testimony was vague about when and what he examined: "He did not say when he looked at it," she said, and counsel argued that the record therefore lacks the specific proof the law requires.