Bienek v. Department of Transportation

20070032

Robert A. Bienek, Petitioner and Appellant
v.
Department of Transportation, Respondent and Appellee

Appeal from:

District Court, Northeast Central Judicial District, Grand Forks County
Judge Debbie Gordon Kleven

Nature of Action:

Counsel:

Appellant:		Rosenquist Arnason & Hankey, PLLP
Appellee:		Zachary Evan Pelham , Att. General Office

Term:

05/2007 Argument: 05/09/2007 10:45am

ND cite:

2007 ND 117

NW cite:

736 N.W.2d 492

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Issues:

Appellant's Statement of the Issues:
I. Whether the North Dakota Department of Transportation correctly found that Mr. Bienek's 1990 alcohol related driving offense was a "conviction" as defined in North Dakota Century Code 39-06.2-02(8) and 39-06-30? II. Whether the North Dakota Department of Transportation was correct to rely upon the Federal Motor Carrier Safety Improvement Act of 1999 and its final rules in determining that the definition of conviction in North Dakota Century Code 39-06.2-10(8) includes per se state administrative DUI sanctions?

Appellee's Statement of the Issues:
Robert A. Bienek ("Bienek") was twice "convicted" of driving under the influence of alcohol ("DUI")-once by a criminal court and once by the North Dakota Department of Transportation ("Department"). "Conviction" includes a determination by an authorized administrative tribunal of a violation of the law. A commercial driver's licenseholder is disqualified for life after two DUI "convictions." Bienek's commercial driving privileges were disqualified for life. Should the Court affirm the Department's decision that it is an authorized administrative tribunal capable of determining a DUI violation occurred?

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Docket entries:

1	01/29/2007	NOTICE OF APPEAL: 01/26/2007
2	02/07/2007	DISK - tra of administrative hearing(7-21-06) (e-mailed)
3	02/21/2007	RECORD ON APPEAL, Transcript of Administrative Hearing dated 7-21-06, & Appendix
4	03/06/2007	APPELLANT BRIEF
5	03/06/2007	APPELLANT APPENDIX
6	03/09/2007	DISK-ATB (electronic)
7	03/15/2007	Copies of docket sheet of lower court, Notice of Filing NOA, NOA, Notice of Entry of Judgment,
8	03/15/2007	Order for Judgment, & Judgment for ATA
9	03/20/2007	Copies of docket sheet of Administrative Agency
10	04/05/2007	APPELLEE BRIEF
11	04/05/2007	APPELLEE APPENDIX
12	04/05/2007	DISK - AEB (e-mailed)
13	05/09/2007	APPEARANCES: Kerry S. Rosenquist; Zachary E. Pelham
14	05/09/2007	ARGUED: Rosenquist; Pelham
15	05/09/2007	ORAL ARGUMENT WEBCAST
16	07/25/2007	DISPOSITION: AFFIRMED
17	07/25/2007	UNANIMOUS OPINION: Maring, Mary Muehlen
18	07/25/2007	Costs on appeal taxed in favor of appellee
19	07/25/2007	Judgment Mailed to Parties
20	08/17/2007	MANDATE
21	08/21/2007	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/01/2008