Masset v. N.D. Dep't of Transportation

20100098 Brian Michael Masset, Petitioner and Appellant
v.
Director, North Dakota
Department of Transportation, Respondent and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Donald L. Jorgensen
Nature of Action: Transportation Dept.
Counsel:
Appellant: Chad Rory McCabe
Appellee: Michael Trent Pitcher , Att. General Office
Term: 09/2010   Argument: 09/08/2010  2:45pm
ND cite: 2010 ND 211
NW cite: 790 N.W.2d 481

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
The Department has violated N.D.C.C.  28-32-36 and 28-32-44, in that a significant portion of the recording of the administrative hearing held before the Department was inadvertently deleted and no longer exists.

Appellee's Statement of the Issues:
The transcript on appeal does not include the first ten minutes of the hearing because it failed to record. The transcript, however, is not missing any information relevant to the sole argument raised on appeal, and Masset has not alleged prejudice due to the missing portion of the transcript. Generally, when an agency is unable to furnish a complete transcript, the case should be remanded for a rehearing. Is a rehearing unnecessary when the missing portion of the transcript is unrelated to the issue on appeal?

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Docket entries:
103/29/2010 NOTICE OF APPEAL: 03/26/2010
203/29/2010 DISK - Adm. Hrg. Transcripts dated 8-12-09 & 9-16-09 (e-mailed)
304/29/2010 APPELLANT BRIEF (e-filed)
404/29/2010 E-FILED BRIEF (AEB)
504/30/2010 APPELLANT APPENDIX (e-filed) PDF
604/30/2010 E-FILED BRIEF (ATA) PDF
705/03/2010 Received $25 e-filing surcharge for ATB (Receipt #19479).
805/06/2010 Received 7 copies of ATB from Central Duplicating.
905/06/2010 Received 6 copies of ATA from Central Duplicating.
1005/10/2010 RECORD ON APPEAL & Separates (Entry Nos. 3 & 4).
1105/26/2010 APPELLEE BRIEF
1206/10/2010 Corrected TOA & pages 6 & 8 for AEB
1306/10/2010 DISK - aeb (e-mailed)
1406/14/2010 REPLY BRIEF (E-FILED)
1506/14/2010 E-FILED BRIEF (RYB)
1606/14/2010 Received 7 copies of RYB from Central Duplicating.
1707/28/2010 NOTICE OF ORAL ARGUMENT SENT
1809/08/2010 APPEARANCES: Chad R. McCabe; Michael T. Pitcher, Asst. Atty. Gen.
1909/08/2010 ARGUED: McCabe; Pitcher
2009/08/2010 ORAL ARGUMENT WEBCAST
2111/09/2010 DISPOSITION: REVERSED AND REMANDED
2211/09/2010 UNANIMOUS OPINION: Crothers, Daniel John
2311/09/2010 Costs on appeal taxed in favor of appellant
2411/16/2010 Judgment Sent to Parties
2512/01/2010 MANDATE
2612/06/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/25/2014