Isaak v. Sprynczynatyk
Michael Isaak, Petitioner and Appellee
Director, North Dakota
Department of Transportation, Respondent and Appellant
Southwest Judicial District,
Judge Ronald L. Hilden
|Nature of Action:||Transportation Dept.|
|Term:||03/2002  Argument: 03/14/2002|
|ND cite:||2002 ND 64|
642 N.W.2d 860
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Whether the 365-day administrative suspension should be reinstated because Isaak's Specifications of Error failed to identify the sole issue he raised before the district court.
II. Whether evidence of Isaak's prior DUI violation was properly shown by the certified copy of Isaak's driving record.
Appellee's Statement of the Issues:
I. The District Court's decision should be upheld under 39-20-06 NDCC, which set outs the District Court's obligation for reviewing evidence presented at the administrative hearing as, ". . . The court shall affirm the decision of the director or hearing officer unless it finds the evidence insufficient to warrant the conclusion reached by the director or the hearing officer.. . ." (Emphasis added).
II. The hearing officer relied upon insufficient evidence to find that Michael Isaak's driving privileges should be suspended for 365 days as a result of an alleged prior conviction.
III. The procedure used by the Department of Transportation for administrative hearings should excuse strict compliance with the specifications of error requirement as there was a broad designation in the Appellee's specifications of "other issues to be determined after review of the hearing transcript," and the Department was not prejudiced by the Appellee's actions.
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|1||11/29/2001 NOTICE OF APPEAL: 11/28/2001|
|2||11/29/2001 DISK - Transcript of Admin Hearing 07-18-01|
|3||01/03/2002 APPELLANT BRIEF|
|4||01/03/2002 APPELLANT APPENDIX|
|5||01/03/2002 DISK - (ATB) via e-mail|
|6||01/10/2002 Pages 21 & 22 for the Appendix & Aff. of Service; (attached)|
|7||01/10/2002 RECORD ON APPEAL w/separate 3(transcript & exhibits of admin. hrng)|
|8||01/31/2002 APPELLEE BRIEF|
|9||02/01/2002 DISK - AEB|
|10||02/12/2002 REPLY BRIEF|
|11||02/12/2002 DISK - RYB (electronically transmitted)|
|12||03/14/2002 APPEARANCES: Reid A. Brady; Ronald A. Reichert|
|13||03/14/2002 ARGUED: Brady; Reichert (Vol. X; Page 209)|
|14||03/14/2002 ORAL ARGUMENT WEBCAST|
|15||04/16/2002 DISPOSITION: REVERSED|
|16||04/16/2002 SPLIT OPINION: VandeWalle, Gerald W.|
|17||04/16/2002 (CONCUR Specially): Sandstrom, Dale V.: CONCUR|
|18||04/16/2002 Costs on appeal taxed in favor of Appellant|
|19||04/19/2002 Order/Judgment Mailed to Parties|
|21||05/13/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|22||10/09/2007 EXPUNGED - Nonpermanent record items destroyed|