Kraft v. ND State Board of Nursing

20000320 Bonnie Kraft, Petitioner and Appellant
v.
North Dakota State
Board of Nursing, Respondent and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge James M. Vukelic
Nature of Action: Administrative Proceeding
Counsel:
Appellant: Carl O. Flagstad Jr.
Appellee: Calvin N. Rolfson , Spec. Asst. Atty. Gen.
Appellee: Schulz Geiermann & Bergeson Law Offices, P.C.
Term: 03/2001   Argument: 03/27/2001  1:30pm
ND cite: 2001 ND 131
NW cite: 631 N.W.2d 572

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
A. The Board of Nursing failed to adequately discuss its Findings of Fact, Conclusions of Law, and Order
B. The Board of Nursng violated NDCC 28-32-12.1 in making its Findings of Fact, Conclusions of Law, and Order.
C. Kraft was not impaired at work on January 22, 1999. If Kraft was impaired, her employer had been forewarned of the impairment and had required Kraft to work despite any impairment.
D. Kraft's conviction for Simple Assault does not constitute a violation of the Standards of Practice of Nursing, nor does it relate adversely to the Practice of Nursing, given the context in which the conviction occurred, and without a showing of how the conviction relates to nursing practices
E. The Board of Nursing's Order was not timely served upon Kraft.

Appellee's Statement of the Issues:
II. STATEMENT OF THE ISSUES Appellee Board of Nursing responds to the contentions raised by Appellant Bonnie Kraft in her Statement of the Issues as follows:
A. The Board of Nursing adequately discussed its Findings of Facts, Conclusions of Law, and Order.
B. The Board of Nursing complied with N.D.C.C.  28-32-12.1 when making its Order.
C. A preponderance of the evidence in the record showed that Kraft was impaired on January 22, 1999, and should not have presented herself to work.
D. Kraft's conviction for simple assault is axiomatic to nursing practices, violates standards of the practice of nursing and relates adversely to the practice of nursing.
E. The Board of Nursing's Order was timely served upon Kraft.
F. The District Court erred in finding that Kraft's refusal to submit to chemical testing did not violate nursing standards.

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Docket entries:
111/20/2000 NOTICE OF APPEAL: 11/17/2000
212/15/2000 RECORD ON APPEAL including Transcript of Admin Hearing dated December 17, 1999
312/26/2000 DISK - TRA (12-17-99)
412/27/2000 APPELLANT BRIEF
512/27/2000 APPELLANT APPENDIX
612/28/2000 DISK of ATB
701/26/2001 APPELLEE BRIEF
801/26/2001 APPELLEE APPENDIX
901/26/2001 DISK - AEB
1003/27/2001 APPEARANCES: Carl O. Flagstad; Calvin N. Rolfson, Brian L. Bergeson
1103/27/2001 ARGUED: Flagstgad; Rolfson (Vol. X; page 119)
1203/27/2001 ORAL ARGUMENT WEBCAST
1307/20/2001 DISPOSITION: AFFIRMED
1407/20/2001 UNANIMOUS OPINION: Kapsner, Carol Ronning
1507/20/2001 Costs on appeal taxed in favor of appellee
1607/23/2001 Order/Judgment Mailed to Parties
1708/03/2001 PETITION FOR REHEARING, w/ attached Exhibits
1808/08/2001 DISK - PER (e-mailed)
1908/30/2001 ACTION BY SUPREME COURT (PER). Denied
2009/07/2001 MANDATE
2109/12/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2207/12/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/17/2014