Martin v. Stutsman Co. Social Services
Judith Martin, Petitioner and Appellant
Stutsman County Social
Services and the Department
of Human Services for the
State of North Dakota, Respondents and Appellees
Southeast Judicial District,
Judge Mikal Simonson
|Nature of Action:||Administrative Proceeding|
|Term:||05/2005  Argument: 05/10/2005|
|ND cite:||2005 ND 117|
698 N.W.2d 278
Appellant's Statement of the Issues:|
I. Whether the Finding of Fact made by the Agency that Martin's husband is a smoker is not supported by a preponderance of the evidence.
II. Whether the Conclusion of Law made by the Agency that Martin smoking in her bedroom while her husband uses oxygen in a separate room creates a risk requiring termination of Martin's home and community based services is not supported by its Findings of Fact.
III. Whether the Agency Order is not in accordance with the law.
Appellee's Statement of the Issues:
I. Whether the Department of Human Service's final order is supported by the evidence that Martin and her care provider smoked in her home.
II. Whether the finding of the Department of Human Services that smoking around someone using oxygen presents a danger is supported by the evidence.
III. Whether the Department of Human Services correctly interpreted its rules in finding that smoking by the Appellant in her apartment while her husband used oxygen was a health and safety risk to the Appellant.
|Add Docket 20050019 RSS|
|1||01/19/2005 NOTICE OF APPEAL: 01/18/2005|
|2||02/24/2005 RECORD ON APPEAL & Certificate of Record from Human Services, which includes copies of Transcripts|
|3||02/24/2005 dated 1-23-04, 2-3-04, & 2-4-04|
|4||02/28/2005 APPELLANT BRIEF|
|5||02/28/2005 APPELLANT APPENDIX|
|6||03/01/2005 Affidavit of Service by Mail of ATB|
|7||03/04/2005 DISK - atb|
|8||03/31/2005 APPELLEE BRIEF|
|9||03/31/2005 Addendum to Appellee's Brief (1-3)|
|10||03/31/2005 DISK - AEB (e-mailed)|
|11||04/18/2005 REPLY BRIEF|
|12||04/19/2005 DISK - RYB|
|13||04/20/2005 DISK - TRA (1-23-04; 2-3-04; & 2-4-04) (e-mailed)|
|14||05/10/2005 APPEARANCES: Anita A. Flatt, Richard R. LeMay; Jean R. Mullen|
|15||05/10/2005 ARGUED: Flatt; Mullen (V.Z; Pg. 123)|
|16||05/10/2005 ORAL ARGUMENT WEBCAST|
|17||06/22/2005 DISPOSITION: AFFIRMED|
|18||06/22/2005 UNANIMOUS OPINION: Sandstrom, Dale V.|
|19||06/22/2005 Costs on appeal taxed in favor of appellee|
|20||06/23/2005 Judgment Mailed to Parties|
|22||07/22/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|23||07/20/2012 EXPUNGED - Nonpermanent record items destroyed|