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 9:30am|
|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|
|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)|
|9||02/01/2002||DISK - AEB|
|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|
|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|