Schaaf v. N.D. Department of Transportation

20090025 Kyle Schaaf, Petitioner and Appellee
v.
North Dakota Department
of Transportation, Respondent and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Bruce B. Haskell
Nature of Action: Transportation Dept.
Counsel:
Appellant: Michael Trent Pitcher , Att. General Office
Appellee: Stanley John Boehm
Term: 05/2009   Argument: 05/01/2009  10:00am
ND cite: 2009 ND 145
NW cite: 771 N.W.2d 237

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Issues: Appellant's Statement of the Issues:
On June 15, 2008, a Report and Notice was issued to Schaaf. Schaaf requested a hearing, and the Department mailed a Notice of Administrative Hearing to Schaaf on June 30, 2008, scheduling the hearing for July 7, 2008. Schaaf alleges that N.D.C.C.  28-32-21(1)(d) requires 10 days notice for the hearing. Schaaf did not object to the hearing date or argue he was prejudiced by being given only 7 days to prepare for the hearing. Was the Department deprived of jurisdiction to suspend Schaaf's driving privileges?

Appellee's Statement of the Issues:
Issue: I Whether the N.D.D.O.T. hearing officer's decision is valid because of the hearing officer's failure to carry out duties required by statute.

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Docket entries:
101/20/2009 NOTICE OF APPEAL: 01/15/2009
201/22/2009 Letter from Michael Pitcher dated 1-21-09 re: no filing fee required pursuant to N.D.C.C. 28-32-49
301/23/2009 DISK - Administrative Transcript dated July 7, 2008
402/10/2009 RECORD ON APPEAL & Separate (Entry No. 3 - Adm. Tra).
502/23/2009 MOT. EXT/TIME APPELLANT BRIEF (e-filed letter dated 2-23-09)
602/23/2009 E-FILED MOTION (Mot/Ext/ATB)
702/23/2009 ACTION BY CLERK (Mot/Ext/ATB). Granted: 03/02/2009
803/02/2009 APPELLANT BRIEF
903/02/2009 APPELLANT APPENDIX
1003/02/2009 DISK - ATB (e-mailed)
1104/03/2009 APPELLEE BRIEF (e-filed)
1204/03/2009 E-FILED BRIEF (AEB)
1304/03/2009 APPELLEE APPENDIX (e-filed) (faxed)
1404/03/2009 E-FILED APPENDIX (AEA)
1504/07/2009 Received $25 surcharge for AEB (Receipt No. 18794)
1604/13/2009 Received 7 copies of AEB from Central Duplicating
1704/13/2009 Received 6 copies of AEA from Central Duplicating
1805/01/2009 APPEARANCES: Michael T. Pitcher, Asst. Attorney General; Stanley J. Boehm
1905/01/2009 ARGUED: Pitcher; Boehm Boehm
2005/01/2009 ORAL ARGUMENT WEBCAST
2107/21/2009 DISPOSITION: REVERSED AND REMANDED
2207/21/2009 UNANIMOUS OPINION: Sandstrom, Dale V.
2307/21/2009 Costs on appeal taxed in favor of appellant
2407/22/2009 Judgment E-Mailed to Parties
2508/13/2009 MANDATE
2608/17/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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