Administrative Proceeding

Suelzle v. ND Dept. of Transportation , 2008 ND 102,
Revocation of driving privileges summarily affirmed under N.D.R.App.P. 35.1(a)(5).
Grosgebauer v. N.D. Dept. of Transportation , 2008 ND 75, 747 N.W.2d 510
Whether a driver affirmatively refused to submit to alcohol testing is a determination of fact that is significantly reliant on the credibility of witnesses.
To cure a refusal to submit to alcohol testing, the consent to submit to testing must be clearly articulated and meet other criteria.
Oyloe v. ND Department of Human Services , 2008 ND 67, 747 N.W.2d 106
A Medicaid-qualifying trust is considered an available asset for Medicaid eligibility purposes.
A resulting trust in favor of the settlor arises not only where an intended trust fails altogether but also where it fails in part, and where the trust fails in part, there is a resulting trust of so much of the property as is not appropriated to the part of the trust that does not fail.
Public policy will not allow the social safety net for persons who are old, poor, and unfortunate to be exploited by those who are affluent.
Huwe v. Workforce Safety and Insurance , 2008 ND 47, 746 N.W.2d 158
Although WSI has the authority to weigh the credibility of medical evidence and resolve conflicting medical opinions, it may not do so in an unreasoned manner but must consider the entire record, clarify inconsistencies, and adequately explain its reasons for disregarding medical evidence favorable to the claimant.
A claimant reapplying for disability benefits under N.D.C.C. 65-05-08(1) bears the burden of showing a significant change in his compensable medical condition and an actual wage loss caused by the significant change in his compensable medical condition.
Makedonsky v. ND Department of Human Services , 2008 ND 49, 746 N.W.2d 185
An applicant for Medicaid benefits has the burden of proving eligibility.
An applicant for Medicaid benefits may be required to initiate an appropriate legal action to make an asset available for purposes of calculating eligibility for Medicaid benefits.
An attorney in fact has a relation of personal confidence with the principal and is deemed a trustee, and all transactions between a trustee and a beneficiary are presumed to be without sufficient consideration and under undue influence.
People to Save the Sheyenne River v. Dept. of Health , 2008 ND 34, 744 N.W.2d 748
The Health Department's decision to modify a North Dakota Pollutant Discharge Elimination System permit will not be reversed on appeal unless the decision is arbitrary, capricious, or unreasonable.
An administrative agency has a reasonable range of discretion to apply its own regulations, and the agency's expertise is entitled to deference when the subject matter is complex.
A North Dakota Pollutant Discharge Elimination System permit may be modified for cause, which includes new information or to correct a technical mistake.
Hammer v. Director, ND Dept. of Transportation , 2008 ND 23, 747 N.W.2d 136
Suspension of driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(5).
Christofferson v. N.D. Dept. of Health , 2007 ND 199, 742 N.W.2d 799
A tire collection that may benefit agricultural activities may not be a "beneficial use" because of "accumulations in total, on human and animal health, the environment, and on local and state government, which may be ultimately financially responsible to dispose of the tires."
Bowman v. ND Workforce Safety and Insurance , 2007 ND 200, 742 N.W.2d 839
A judgment affirming an order of Workforce Safety and Insurance denying an application for workers compensation benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).
Rodenbiker v. Workforce Safety and Insurance , 2007 ND 169, 740 N.W.2d 831
Section 65-05-10, N.D.C.C., does not provide for an award of partial disability benefits when an injured worker cannot be returned to substantial gainful employment as defined under N.D.C.C. 65-05.1-01(3), and does not have a retained earnings capacity to meet the income test of N.D.C.C. 65-05.1-01(6)(a)(3).
The purpose of partial disability benefits is to assist individuals who can be returned to substantial gainful employment through rehabilitation, but will experience a decrease in earnings capacity upon return to the workforce.
Partial disability benefits are for individuals who can return to substantial gainful employment, but at a lesser amount of income.
J.P. v. Stark Co. Social Services , 2007 ND 140, 737 N.W.2d 627
When a medicaid recipient receives out-of-state medical care without prior approval when there is no emergency, payment may be covered only if there was good cause for not first securing approval, the care and services were not available in state, and the care and services were medically necessary.
City of Fargo v. Malme , 2007 ND 137, 737 N.W.2d 390
Cities are creatures of statute and possess only those powers and authorities granted by statute or necessarily implied from an express statutory grant.
Home rule charters allow cities to enact laws contrary to those of the state.
The supersession provision in N.D.C.C. 40-05.1-05 applies only to those powers enumerated in N.D.C.C. 40-05.1-06, and those powers must also be included in the home rule charter and be implemented by ordinance.
The rule of strict construction applies in defining municipal powers, and any doubt as to the existence or extent of municipal powers must be resolved against the municipality.
Stephenson v. Hoeven , 2007 ND 136, 737 N.W.2d 260
Statutes are construed as a whole to give meaning, if possible, to every word, phrase, and sentence.
An administrative agency may adopt specific rules of procedure when necessary to comply with requirements outside the administrative agencies practice act or when necessary to comply with the requirements of federal law.
Capital Electric Coop., Inc. v. City of Bismarck , 2007 ND 128, 736 N.W.2d 788
If a municipality has enacted an ordinance that requires electric suppliers to have a franchise, a rural electric cooperative must have a franchise to provide electric service within the municipality.
A franchise is a contract and is interpreted under rules for interpretation of a contract. Contracts are construed to give effect to the parties' mutual intention at the time of contracting, and the parties' practical interpretation of a franchise is entitled to some influence.
ND State Board of Medical Examiners v. Hsu , 2007 ND 9, 726 N.W.2d 216
The preponderance of evidence standard of proof for administrative disciplinary proceedings against a physician does not violate due process or equal protection.
A party to an administrative proceeding is not denied due process because the agency performs all three functions of investigation, prosecution, and adjudication.
The determination of the appropriate sanction to be imposed by the Board of Medical Examiners in a disciplinary proceeding is a matter of discretion.
A petitioner for writ of mandamus must demonstrate a clear legal right to the act sought to be compelled and no other plain, speedy, and adequate remedy in the ordinary course of law.
Mandamus may not be issued to compel an official's discretionary acts.
Gustafson v. ND Department of Human Services , 2006 ND 75, 712 N.W.2d 599
Under the 2003 version of the statute, for Medicaid eligibility, the purchase of an annuity is considered an uncompensated assignment or transfer of assets if it is not expected to return the full principal and interest within the purchaser's life expectancy.
Once a Medicaid applicant supplies a physician's estimate of reasonable life expectancy, the burden shifts to the Department of Human Services to accept or determine a reasonable life expectancy.
Estate of Pladson v. Traill Co. Social Services , 2005 ND 213, 707 N.W.2d 473
The requirement that an asset be "actually available" for purposes of determining Medicaid eligibility must be interpreted reasonably, and the focus is on the applicant's actual and practical ability to make an asset available as a matter of fact, not legal fiction.
Gray v. N.D. Game and Fish Dept. , 2005 ND 204, 706 N.W.2d 614
The laws of the states participating in the Interstate Wildlife Violator Compact need not be identical to support reciprocal enforcement of an out-of-state wildlife conviction in North Dakota.
A judgment rendered in violation of due process is void in the rendering state and is not entitled to full faith and credit elsewhere.
The Interstate Wildlife Violator Compact does not require congressional consent under the compact clause of the federal constitution.
A suspension of hunting privileges under the Interstate Wildlife Violator Compact is not double jeopardy.
The due process clause does not require presuspension notice and hearing before hunting privileges may be suspended under the Interstate Wildlife Violator Compact.
CybrCollect, Inc. v. ND Dept. of Financial Institutions , 2005 ND 146, 703 N.W.2d 285
Consumer electronic fund transactions in North Dakota are subject to the Electronic Fund Transfer Act and Regulation E, which was issued by the Federal Reserve Board to carry out the purpose of the Act.
An administrative hearing may not be held unless the parties have been served with a written specification of issues for hearing or other document indicating the issues to be considered and determined at the hearing. Basic notions of fundamental fairness dictate a person challenging an agency action must be adequately informed in advance of the questions to be addressed at the hearing so the person can be prepared to present evidence and arguments on those questions.
Kerzmann v. Burleigh County Social Services , 2005 ND App 7, 711 N.W.2d 236
The district court's dismissal of an attempted appeal because the appeal from an administrative law judge's decision affirming an agency employment termination was not properly perfected under N.D.C.C. 28-32-42 is summarily affirmed.
Martin v. Stutsman Co. Social Services , 2005 ND 117, 698 N.W.2d 278
An administrative agency is bound by its own duly issued regulations. The agency, nevertheless, has a reasonable range of informed discretion in the interpretation and application of its own rules.
Courts generally defer to an agency's reasonable interpretation of its rule when the language is ambiguous or when the language is so technical that only a specialized agency has the experience and expertise to understand it.
Klindt v. Pembina Co. Water Resource Bd. , 2005 ND 106, 697 N.W.2d 339
Landowners are not required to appeal a water resource board's determination of benefits of a project to the state engineer if the cost of the project is less than $100,000.
A water resource board may find that an entire watershed would be benefited by a snagging and clearing project.
All land that will be benefited by a water project should be assessed the cost of the project.
The participation of a water resource board member who should have been disqualified in establishing a project does not require nullification of the project unless his presence was necessary to constitute a quorum and his vote determined the result.
Successful litigants are not entitled to attorney fees unless authorized by contract or statute.
People to Save the Sheyenne River v. ND Dept.of Health , 2005 ND 104, 697 N.W.2d 319
In the absence of an adjudicative proceeding and findings of fact, appellate review of an administrative agency decision to issue a Pollutant Discharge Elimination System permit is to determine whether the decision is arbitrary, capricious, or unreasonable.
Roberts v. ND Department of Human Services , 2005 ND 50, 692 N.W.2d 922
An applicant for medicaid benefits has the burden of establishing eligibility for benefits and providing information necessary to establish eligibility.
Transactions between a trustee and a beneficiary by which the trustee obtains any advantage from the beneficiary are presumed to be entered into without sufficient consideration.
Jones v. ND State Board of Medical Examiners , 2005 ND 22, 691 N.W.2d 251
A physician has no statutory or due process right to appear personally before the State Board of Medical Examiners when the Board deliberates whether to accept or reject an administrative law judge's recommendations.
The Board's conclusions of law and order must sufficiently explain its rationale for not adopting an administrative law judge's recommended sanction.
Huff v. Board of Medical Examiners , 2004 ND 225, 690 N.W.2d 221
If an act is blatantly illegal or improper, or a licensee admits to a violation, a disciplinary board need not introduce expert evidence to establish the necessary standard.
In a disciplinary proceeding before a medical disciplinary board having some members who are not medical experts and physician members who are medical professionals but may not be experts in the field of medicine practiced by the physician appearing before them, expert testimony in a case in which such testimony would likely be helpful will best protect the fairness of the contested case proceedings, the integrity of the administrative record, and the right to meaningful judicial review.
Sutherland v. ND Dept. of Human Services , 2004 ND 212, 689 N.W.2d 880
The Department of Human Services must follow a five-step sequential process under federal regulations for evaluating disability claims.
Estate of Gross v. ND Dept. of Human Services , 2004 ND 190, 687 N.W.2d 460
The monthly payments from a nonassignable annuity are a holder's interest in a contractual right to receive money payments and are an available asset under medicaid law.
There is a presumption that a holder's interest in a contractual right to receive money payments is saleable without working an undue hardship, and the presumption may be rebutted by evidence demonstrating the contractual right to receive money payments is not saleable without working an undue hardship.
Grand Forks Co. v. Tollefson , 2004 ND 161, 684 N.W.2d 646
An employee's benefit year, for purposes of calculating a former employer's liability for unemployment benefits, begins when the employee first files a request for determination of insured status, and a subsequent benefit year cannot be established until the expiration of the current benefit year.
In an administrative proceeding, a party's failure to request that a witness be subpoenaed waives the right to have the witness present and available for cross-examination.
St. Benedict's Health Center v. ND Dept. of Human Services , 2004 ND 63, 677 N.W.2d 202
Administrative regulations for setting Medicaid reimbursement rates involve complex and technical matters calling for agency expertise, and the Department of Human Services' expertise in interpreting its reimbursement regulations is entitled to deference.
Gross v. ND Dept. of Human Services , 2004 ND 24, 673 N.W.2d 910
The Dept. of Human Services may place a Medicaid recipient in the lock-in program for excessive utilization of medical services from more than one provider when those excessive medical services may increase the possibility of adverse affects to the recipient's health or may result in a decrease in the overall quality of care to the recipient and when there is little or no evidence of a medical need.
N.D. Dept. of Human Services v. Ryan , 2003 ND 196, 672 N.W.2d 649
Related administrative regulations are construed together and in conjunction with enabling legislation to harmonize and give meaning to each provision.
An individual who has been terminated through a reduction-in-force may appeal the hiring authority's decision not to reemploy the individual if no more than one year has elapsed since the individual lost employment due to the reduction-in-force.
In deciding whether to reemploy an individual who has been terminated within one year under a reduction-in force, a hiring authority may conduct personal interviews to determine the minimum qualifications established for the particular position.
Linser v. Office of Attorney General , 2003 ND 195, 672 N.W.2d 643
An applicant for Medicaid benefits must prove eligibility.
Assets in a support trust are deemed to be available to the applicant and considered to be part of the applicant's assets in determining Medicaid eligibility. However, assets in a discretionary trust are considered available only to the extent amounts are actually distributed to the beneficiary.
An asset to which an applicant has a legal entitlement is not unavailable simply because the applicant must initiate legal proceedings to access the asset.
Public Service Commission v. Wimbledon Grain Co. , 2003 ND 104, 663 N.W.2d 186
Farmers with unpaid credit-sale contracts with an insolvent grain buyer are "claimants" entitled to participate in the non-bond assets of the trust fund under N.D.C.C. 60-02.1-30, and the Public Service Commission is obligated to marshal the non-bond trust fund assets for their benefit.
Henry v. Securities Commissioner , 2003 ND 62, 659 N.W.2d 869
An order of the Securities Commissioner denying a motion to dismiss a cease and desist order is not a final order under the Administrative Agencies Practice Act and is not appealable.
Gross v. N.D. Dept. of Human Services , 2002 ND 161, 652 N.W.2d 354
A decision by the Department of Human Services to place a medicaid recipient in the lock-in program is an appealable order.
New Town Public School Dist. v. State Bd. of Public School Ed. , 2002 ND 127, 650 N.W.2d 813
An administrative agency may deviate from a prior decision if it rationally explains the reason for its departure.
Appellate court gives appreciable deference to agency expertise if the subject matter of agency decision is technical.
A party raising a constitutional claim must provide persuasive authority and reasoning or forego the constitutional challenge entirely.
Opp v. Ward Co. Social Services Bd. , 2002 ND 45, 640 N.W.2d 704
Assets are actually available for Medicaid eligibility purposes when the applicant has a legal interest in a liquidated sum and has the ability through reasonable legal means to attempt to make the sum available for support.
Consolidated Telephone v. Western Wireless Corporation , 2001 ND 209, 637 N.W.2d 699
Unless the Federal Communications Commission's rulings and regulations have been appropriately challenged in the proper federal forum, a state court is not at liberty to review the FCC's statutory interpretation even if its soundness is doubted, and the state court must apply the rulings and regulations as written.
State regulatory bodies and state courts have concurrent jurisdiction to determine preemption questions arising under the federal Communications Act.
A "commercial mobile radio service" as defined by federal law need not obtain a certificate of public convenience and necessity from the Public Service Commission to compete with a landline local exchange telephone service in the state.
Dimond v. State Board of Higher Education , 2001 ND 208, 637 N.W.2d 692
A breach of contract action against the State is governed by the three-year statute of limitations in N.D.C.C. 28-01-22.1.
Hellerud v. ND Dept. of Transportation , 2001 ND 181, 639 N.W.2d 706
Judgment of the district court affirming the decision of the Department of Transportation to revoke appellant's driver's license for refusing to submit to an on-site chemical screening test is summarily affirmed under N.D.R.App.P. 35.1(a)(5).
Chadwick v. N.D. Dept. of Transportation , 2001 ND 180, 636 N.W.2d 446
A police officer has reasonable grounds to believe a person is in actual physical control of a vehicle when that person is found conscious in the driver's seat of an idling vehicle.
Schmidt v. Ward Co. S.S.B. , 2001 ND 169, 634 N.W.2d 506
A conservatorship is a legal device similar to a trust under the law for determining medicaid eligibility.
An applicant for medicaid benefits must prove eligibility, and in determining medicaid eligibility, an asset is actually available even if the applicant must initiate legal proceedings to access the asset.
In determining food stamp eligibility, resources which are not accessible to the household during the period of excepted food stamp certification are excluded from the household's resources.
Gale v. ND Bd. of Podiatric Medicine , 2001 ND 141, 632 N.W.2d 424
A party to an administrative proceeding may waive the right to an appeal.
Kraft v. ND State Board of Nursing , 2001 ND 131, 631 N.W.2d 572
An agency's findings of fact are reviewed to determine if a reasoning mind reasonably could have determined the findings were proven by the weight of the evidence from the entire record.
A registered nurse's refusal to submit to chemical testing, as required by employer policy, violates nursing standards.
A registered nurse's conviction for simple assault, without evidence of rehabilitation, violates nursing standards and relates adversely to the practice of nursing.
After participating in an adjudicative hearing in a position adversarial to the claimant, an agency's counsel improperly communicates with the agency if the communications regarding an issue in the proceeding are without notice and opportunity for all parties to participate.
Eckes v. Richland Co. Social Service Board , 2001 ND 16, 621 N.W.2d 851
The unambiguous settlor's intent determines the nature of the trust.
Redfield v. Bitterman , 2000 ND 217, 620 N.W.2d 570
Absent an abuse of discretion, the supreme court will not set aside a trial court's order on a motion for an extension of time to appeal, based upon excusable neglect.
Section 50-24.1-07, N.D.C.C., does not authorize recovery of medical assistance benefits from the estate of a recipient's spouse who predeceases the recipient, beyond assets to which the recipient had a legal title or interest.
Burlington Northern v. Benson Co. Water , 2000 ND 182, 618 N.W.2d 155
Water resource districts have only the powers granted by statute.
Water resource districts do not have authority to order installation of a culvert in a township road to preserve a natural drainway for surface waters.
Water resource districts have statutory authority to control water in channels, water storage devices, conservation and flood control projects, streams, watercourses, ditches, and drains, but they have no authority to control surface waters not falling within those terms.
Neither the owner of the upper land nor the owner of the lower land may interfere with the natural drainage so as to injure the rights of the other.
Snortland v. State ex rel. Dept. of Public Instruction , 2000 ND 162, 615 N.W.2d 574
Summary judgment on the issue of when a statute of limitations begins to run is appropriate if the evidence is such that reasonable minds could draw but one conclusion.
ND Securities Commissioner v. Juran and Moody, Inc. , 2000 ND 136, 613 N.W.2d 503
When an agency requests that the Office of Administrative Hearings designate an Administrative Law Judge to issue a final decision, and appeal is not expressly prohibited, the requesting agency may appeal.
Singha v. ND State Board of Medical Examiners , 2000 ND 134, 613 N.W.2d 34
In comparing a foreign-educated applicant's educational qualifications and the successful completion of three years of approved postgraduate training with the kinds of courses required at a reputable medical or osteopathic college in the United States and the successful completion of one year of approved postgraduate training under the medical licensing provisions of N.D.C.C. 43-17-18(3), the State Board of Medical Examiners is not required to accept externships or independent study that is not part of the foreign educational institution's curriculum.
Kryzsko v. Ramsey Co. SSB , 2000 ND 43, 607 N.W.2d 237
A one-person household with total assets of more than $3,000.00 is not eligible for Medicaid benefits
An asset must be available to the applicant to be counted as an asset for purposes of Medicaid.
Support trusts are considered available to the beneficiary.
Coteau Properties v. Oster , 2000 ND 23, 606 N.W.2d 876
When considering a permanent water impoundment amendment to a mining and reclamation operations permit, the Public Service Commission must make its own assessment of the water impoundment's compliance with state law.
Dozier v. Williams Co. Social Service Board , 1999 ND 240, 603 N.W.2d 493
Parties cannot complain about legal errors that redound to their benefit, rather than to their prejudice.
If a person is receiving Temporary Assistance for Needy Families benefits, a signed contract is not a prerequisite to imposition of sanctions for failure to comply with program work requirements.
Department of Transportation v. Central Personnel Division , 1999 ND 198, 600 N.W.2d 861
State Central Personnel Division rules require the use of progressive discipline in most cases.
State agencies are not required to use progressive discipline in cases of theft.
Neither the Central Personnel Division, nor ALJ, may overrule the decision of the employing state agency to terminate an employee when theft is established.
Prairieview Nursing Home v. ND Dept. of Human Services , 1999 ND 142, 598 N.W.2d 116
If a contract is unambiguous, the parties' intent at the time the contract was entered must be ascertained from their agreement.
The interpretation of an unambiguous contract to determine its legal effect is a question of law.
The Department of Human Services' expertise in setting medicaid reimbursement rates is entitled to appreciable deference.
Johnson v. Job Service North Dakota,et al. , 1999 ND 42, 590 N.W.2d 877
An executive director's refusal to answer, without her attorney present, questions asked by her board of directors through its attorney was disqualifying misconduct under N.D.C.C. 52-06-02.
Larsen v. Comm. on Medical Competency , 1998 ND 193, 585 N.W.2d 801
An administrative agency must consider favorable and unfavorable evidence.
If authorized by law and justified in fact, imposition of a regulatory sanction by an administrative agency will not be disturbed on review, absent a manifest abuse of discretion.
A district court does not err by denying a party's motion for leave to offer additional evidence under N.D.C.C. 28-32-18 when the party had an opportunity to attend the administrative hearing and present evidence, but failed to do so.
Ness v. Ward County Water Resource Dist. , 1998 ND 191, 585 N.W.2d 793
A board of township supervisors, not a water resource district, has the authority to install culverts in township roads when necessary to preserve the natural drainage of surface waters.
Blackbird v. Olson, Director, Dept. of Human Services , 1998 ND 183, 595 N.W.2d 602
The judgment affirming a denial of Medicaid benefits by the Department of Human Services is summarily affirmed under N.D.R.App.P. 35.1(a)(5).
Dworshak v. Moore, Director, NDDOT , 1998 ND 172, 583 N.W.2d 799
Failure of a police officer to "immediately" issue a temporary operator's permit after taking possession of a person's operator's license for refusing a chemical test under N.D.C.C. 39-20-04(1) is not jurisdictional.
Appropriate remedy under N.D.C.C. 39-20-04(1) for delay in receiving a temporary operator's permit is to receive credit for the time in which the person was without an operator's license after the day of the person's refusal to submit to a chemical test.
Myers-Weigel Funeral Home v. Job Service , 1998 ND 87, 578 N.W.2d 125
Substitute funeral directors are employees for purposes of job insurance coverage because the funeral home has right to control the performance of their job.
Wahl v. Morton Co. Social Service Board , 1998 ND 48, 574 N.W.2d 859
In determining medicaid eligibility, the Department of Human Services' use of gross, rather than net, unearned income to compute the community spouse's resource allowance is a reasonable and appropriate application of the medicaid laws.
North Dakota, as a section 209(b) state, can use more restrictive medicaid eligibility requirements than are used under the supplemental security income program.
Delay in holding a fair hearing and providing an incomplete notice of hearing do not constitute reversible errors, absent a showing of substantial prejudice.
Singha v. ND State Board of Medical Examiners , 1998 ND 42, 574 N.W.2d 838
Section 43-17-18(3), N.D.C.C., requires a foreign-educated applicant for a license to practice medicine to demonstrate to the Board of Medical Examiners the kinds of courses taken at a foreign institution, when combined with the successful completion of three years of Board-approved postgraduate training, are substantially equivalent to the kinds of courses required at a reputable medical or osteopathic college in the United States and the successful completion of one year of Board-approved postgraduate training. The procedures of the Administrative Agencies Practice Act, N.D.C.C. Ch. 28-32, apply to the Board's consideration of an application for licensure.
Kasprowicz v. Finck , 1998 ND 4, 574 N.W.2d 564
The chief of the bureau of criminal investigation, not the sheriff, is the official who is to decide whether or not a license to carry a firearm or dangerous weapon concealed shall be issued.
Raboin v. N.D. Workers Compensation Bureau , 1997 ND 221, 571 N.W.2d 833
To impose personal liability on a corporate officer for an employer's failure to pay workers compensation premiums under N.D.C.C. 65-04-26.1, the officer must have supervisory control over the payment of premiums when payment is required.
Gale v. ND Board of Podiatric Medicine , 1997 ND 83, 562 N.W.2d 878
In imposing discipline against a podiatrist, the Board of Podiatric Medicine did not violate N.D.A.C. 64-04-01-02 and N.D.C.C. 28-32-08(1) and 28-32-12.2(1). The Board's procedures did not deprive the podiatrist of a fair hearing or due process, and its decision to impose discipline for misleading advertisements and for failing to conform to minimal standards of acceptable podiatric practice was supported by a preponderance of the evidence.
Steen v. Department of Human Services , 1997 ND 52, 562 N.W.2d 83
Department's decision to terminate a personal service provider's status for five years was supported by a preponderance of the evidence. Sanction, although harsh, was not an abuse of the Director's discretion.
Medcenter One v. ND State Board of Pharmacy , 1997 ND 54, 561 N.W.2d 634
When there are no factual issues to be determined by an administrative agency, a nonagency party's failure to exhaust administrative remedies does not preclude an action for declaratory relief to construe an unambiguous statute. The exemptions to the requirements for majority ownership by a pharmacist in NDCC 43-15-35(5) are unambiguous and do not differentiate between retail and hospital pharmacies. NDCC 28-32-21.1 authorizes attorneys' fees in any civil judicial proceeding for judicial review of a final agency order, or for judicial review under NDCC Ch. 28-32 of the legality of agency rulemaking action or a rule adopted by an agency, if the court finds in favor of the nonagency party and, in the case of a final agency order, determines the agency acted without substantial justification.
Bland v. Commission on Medical Competency , 557 N.W.2d 379 (N.D. 1996)
The Administrative Agencies Practice Act does not apply to the temporary suspension of a physician's license under N.D.C.C. 43-17-32.1. The Board's decision to temporarily suspend Bland's license was reasonable and not arbitrary.
Post v. Cass County Social Service Board , 556 N.W.2d 661 (N.D. 1996)
The Department of Human Services reasonably found that past-due insurance premium and property settlement payments that a divorce decree ordered the applicant's ex-husband to pay were factually 'actually available' assets making applicant ineligible for medical assistance benefits.
Ohlson v. ND Department of Human Services , 552 N.W.2d 73 (N.D. 1996)
The Department of Human Services' decision that a mother seeking medical assistance benefits was not an incapacitated parent under either a homemaker or a breadwinner standard was supported by a preponderance of the evidence.
Walton v. ND Dept. of Human Services , 552 N.W.2d 336 (N.D. 1996)
The hearing and review procedure for a finding of probable cause of child abuse under Chapter 50-25.1, N.D.C.C., is a 'contested case' under Section 28-32-01(4), N.D.C.C., and the Department of Human Services bears the burden of proof.
To support a finding of probable cause of child abuse under Chapter 50.25.1, N.D.C.C., there must be evidence of serious physical harm or traumatic abuse, evidenced by negative changes in the child's health resulting from infliction of physical or mental injury.
The court erred in awarding attorney's fees for the proceedings at the administrative level, because attorney's fees under Section 28-32-21.1(1), N.D.C.C., are authorized only for those proceedings necessitated by the Department's unjustified actions.
Barnett v. Human Services , 551 N.W.2d 557 (N.D. 1996)
The Department cannot limit a hearing on terminating food stamps to a mere review of a staff decision, but must allow a full evidentiary hearing for the applicant to present arguments and evidence why food stamps should not be discontinued.
The Department of Human Services denied a food stamp applicant a fair hearing when it refused to consider evidence, offered for the first time at the hearing, the applicant had a medical disability exempting him from attending a required employment orientation.
Raboin v. ND Dept. of Human Services , 552 N.W.2d 329 (N.D. 1996)
Chapter 28-32, N.D.C.C., authorizes an appeal to the district court from a Department of Human Services' finding of probable cause of child abuse or neglect.
The Department's determination there was probable cause of abuse by parents who used corporal punishment as a last resort to discipline their children was not supported by a preponderance of evidence. There was no evidence from which a reasonable person could conclude any of the children suffered serious physical harm or traumatic abuse as a result of the parental spankings.
Carlson v. Job Service , 548 N.W.2d 389 (N.D. 1996)
Muscatell v. ND Real Estate Commission , 546 N.W.2d 374 (N.D. 1996)
Greenwood v. Moore , 545 N.W.2d 790 (N.D. 1996)
Shark v. U S WEST , 545 N.W.2d 194 (N.D. 1996)
Black Cloud v. Dir., ND Dept. of Transportation , 551 N.W.2d 567 (N.D. 1996)
Allen v. Wessman , 542 N.W.2d 748 (N.D. 1996)
Krehlik v. Moore , 542 N.W.2d 443 (N.D. 1996)
Americana Healthcare Center v. Dept of Human Services , 540 N.W.2d 151 (N.D. 1995)
Lamb v. Moore , 539 N.W.2d 862 (N.D. 1995)
Maher v. Dept. of Transportation , 539 N.W.2d 300 (N.D. 1995)
Koch Oil Company v. Bob Hanson, Tax Commissioner , 536 N.W.2d 702 (N.D. 1995)
Hickey v. ND Dept of Health , 536 N.W.2d 370 (N.D. 1995)
Capital Electric Coop v. ND Public Service Commission , 534 N.W.2d 587 (N.D. 1995)
Kempel v. Job Service of North Dakota , 531 N.W.2d 311 (N.D. 1995)
Johnson v. ND Dept. of Transportation , 530 N.W.2d 359 (N.D. 1995)
Borowicz v. ND Dept. of Transportation , 529 N.W.2d 186 (N.D. 1995)
Estate of Krueger v. Richland Co. Social Services , 526 N.W.2d 456 (N.D. 1994)
Hecker v. Stark Co. Social Service Board , 527 N.W.2d 226 (N.D. 1994)
Lamplighter Lounge v. State ex rel. Heitkamp , 523 N.W.2d 73 (N.D. 1994)
Ollie v. ND Dept. of Human Services , 520 N.W.2d 233 (N.D. 1994)
Brunner v. Ward Co. Social Services , 520 N.W.2d 228 (N.D. 1994)
Bashus v. ND Dept. of Human Services , 519 N.W.2d 296 (N.D. 1994)
Wagner v. Sheridan County Social Services Board , 518 N.W.2d 724 (N.D. 1994)
Cass Co. Electric Coop. v. Northern States Power , 518 N.W.2d 216 (N.D. 1994)
Lippert v. Grand Forks Public School Dist. , 512 N.W.2d 436 (N.D. 1994)
Americana Healthcare Centers v. ND Dept. of Human Services , 510 N.W.2d 592 (N.D. 1994)
Bieber v. Dept. of Transportation Director , 509 N.W.2d 64 (N.D. 1993)
Erickson v. Director, ND Dept. of Transportation , 507 N.W.2d 537 (N.D. 1993)
Madison v. ND Department of Transportation , 503 N.W.2d 243 (N.D. 1993)
Jones v. ND Workers' Comp. Bureau , 502 N.W.2d 509 (N.D. 1993)
Berger v. State Personnel Board , 502 N.W.2d 539 (N.D. 1993)
Northern States Power Co. v. Public Service Commission , 502 N.W.2d 240 (N.D. 1993)
Hinschberger v. Griggs County Social Services , 499 N.W.2d 876 (N.D. 1993)
S.N.S. v. ND Dept. of Human Services , 499 N.W.2d 891 (N.D. 1993)
P.F. v. ND Dept of Human Services , 499 N.W.2d 888 (N.D. 1993)
Wilhelmi v. Director of the Dept. of Transportation , 498 N.W.2d 150 (N.D. 1993)
Dyer v. ND Dept. of Human Services , 498 N.W.2d 160 (N.D. 1993)
Jorgenson v. ND Department of Transportation , 498 N.W.2d 167 (N.D. 1993)
Birst v. Sanstead , 493 N.W.2d 690 (N.D. 1992)
Delorme v. ND Dept. of Human Services , 492 N.W.2d 585 (N.D. 1992)
Robertson v. Cass County Social Services , 492 N.W.2d 599 (N.D. 1992)
Wiedmeier v. ND Dept. of Human Services , 491 N.W.2d 712 (N.D. 1992)
Lapp v. Reeder Public School District No. 3 , 491 N.W.2d 65 (N.D. 1992)
West Plains Electric Coop. v. Petroleum Tank Release Compensation Fund , 489 N.W.2d 337 (N.D. 1992)
ND Public Service Commission v. Woods Farmers Coop Elevator Co. , 488 N.W.2d 860 (N.D. 1992)
ND Dept. of Transportation v. DuPaul , 487 N.W.2d 593 (N.D. 1992)
Municipal Services Corporation v. State by & through ND Dept. of Health , 483 N.W.2d 560 (N.D. 1992)
Thompson v. ND Dept. of Agriculture , 482 N.W.2d 861 (N.D. 1992)
Mullins v. Department of Human Services , 483 N.W.2d 160 (N.D. 1992)
Hakanson v. ND Department of Human Services , 479 N.W.2d 809 (N.D. 1992)
Shark v. Northern States Power Co. , 477 N.W.2d 251 (N.D. 1991)
Haugland v. Spaeth , 476 N.W.2d 692 (N.D. 1991)
S.N.S. v. ND Dept. of Human Services , 474 N.W.2d 717 (N.D. 1991)
Luithle v. Burleigh County Social Services , 474 N.W.2d 497 (N.D. 1991)
Aggie Investments GP v. Public Service Comm. , 470 N.W.2d 805 (N.D. 1991)
Interest of McMullen , 470 N.W.2d 196 (N.D. 1991)
Hanson v. Industrial Commission , 466 N.W.2d 587 (N.D. 1991)
Mullins v. ND Dept. of Human Services , 454 N.W.2d 732 (N.D. 1990)
Northern States Power Co. v. North Dakota Public Service Commission , 452 N.W.2d 340 (N.D. 1990)
Aggie Investments GP v. Public Service Commission of ND , 451 N.W.2d 141 (N.D. 1990)
Texaco Inc. v. Industrial Commission , 448 N.W.2d 621 (N.D. 1989)
Miller v. ND Crime Victims Reparations Board , 448 N.W.2d 197 (N.D. 1989)
Tobias v. ND Department of Human Services , 448 N.W.2d 175 (N.D. 1989)
Sande v. State of ND , 440 N.W.2d 264 (N.D. 1989)
Getter Trucking, Inc. v. Wiest Truck Line , 433 N.W.2d 554 (N.D. 1988)
Domek v. ND State Personnel Board , 430 N.W.2d 339 (N.D. 1988)
Falcon v. Williams County Social Service Board , 430 N.W.2d 569 (N.D. 1988)
Davis v. Williams County Social Service Board , 427 N.W.2d 818 (N.D. 1988)
Dickinson Public School v. Sanstead , 425 N.W.2d 906 (N.D. 1988)
Bohac v. Graham , 424 N.W.2d 144 (N.D. 1988)
Application for Permits to Drain Stone Creek Channel , 424 N.W.2d 894 (N.D. 1988)
Nelson v. Cass County Social Services , 424 N.W.2d 371 (N.D. 1988)
Guthmiller v. ND Department of Human Services , 421 N.W.2d 469 (N.D. 1988)
Whisenand v. ND Department of Human Services , 420 N.W.2d 344 (N.D. 1988)
Redwood Village v. North Dakota Department of Human Services , 420 N.W.2d 333 (N.D. 1988)
Cass Co. Electric Cooperative v. ND Public Service Commission , 419 N.W.2d 181 (N.D. 1988)
Walling v. Cass Co. Social Services , 412 N.W.2d 859 (N.D. 1987)
Montana-Dakota Utilities v. Public Service Commission , 413 N.W.2d 308 (N.D. 1987)
Rolla Community Hospital, Inc. v. ND Dept. of Human Services , 411 N.W.2d 87 (N.D. 1987)
Matter of Prettyman , 410 N.W.2d 533 (N.D. 1987)
Reliable Incorporated v. Stutsman County Commission , 409 N.W.2d 632 (N.D. 1987)
Imperial Oil v. Industrial Commission , 406 N.W.2d 700 (N.D. 1987)
Wisdom v. State ex rel. ND Real Estate Commission , 403 N.W.2d 19 (N.D. 1987)
Dunseith Public School v. State Board of Public School Eduction , 401 N.W.2d 704 (N.D. 1987)
S.H. v. Petersen , 401 N.W.2d 694 (N.D. 1987)
Application of McGinn , 399 N.W.2d 864 (N.D. 1987)
Nielsen v. Cass County Social Services Board , 395 N.W.2d 157 (N.D. 1986)
Onge v. Elkin , 376 N.W.2d 41 (N.D. 1985)
Loran v. Iszler , 373 N.W.2d 870 (N.D. 1985)
North Dakota State Engineer v. Schirado , 373 N.W.2d 904 (N.D. 1985)
Triangle Oilfield Services, Inc. v. Hagen , 373 N.W.2d 413 (N.D. 1985)
Schultz v. North Dakota Department of Human Services , 372 N.W.2d 888 (N.D. 1985)
North Dakota Public Service Commission v. Central States Grain, Inc. , 371 N.W.2d 767 (N.D. 1985)
County of Stutsman v. State Historical Society , 371 N.W.2d 321 (N.D. 1985)
Public Service Commission v. Valley Farmers Bean Association , 365 N.W.2d 528 (N.D. 1985)
Barrett Mobile Home Transport, Inc. v. Zimbelman , 356 N.W.2d 99 (N.D. 1984)
Application of Otter Tail Power Co. , 354 N.W.2d 701 (N.D. 1984)
Appeal of Dickinson Nursing Center , 353 N.W.2d 754 (N.D. 1984)
N.D. Real Estate Comm'n v. Boschee , 347 N.W.2d 331 (N.D. 1984)
Washburn Public School District No. 4 v. State Bd. of Public Education , 338 N.W.2d 664 (N.D. 1983)
Transportation Division of the Fargo Chamber of Commerce v. Sandstrom , 337 N.W.2d 160 (N.D. 1983)
Garner School District v. Golden Valley County Committee , 334 N.W.2d 665 (N.D. 1983)
Meadow Fresh Farms, Inc. v. Sandstrom , 333 N.W.2d 780 (N.D. 1983)
Application of Nebraska Public Power District , 330 N.W.2d 143 (N.D. 1983)
Skjonsby Truck Line, Inc. v. Elkin , 325 N.W.2d 271 (N.D. 1982)
Quad County Community Action Agency v. Elkin , 315 N.W.2d 665 (N.D. 1982)
Northern States Power Co. v. Hagen , 314 N.W.2d 278 (N.D. 1982)
Northern States Power Co. v. Hagen , 314 N.W.2d 32 (N.D. 1981)
Happy Day Day Care Center v. Social Service Board of North Dakota , 313 N.W.2d 768 (N.D. 1981)
Barnes County v. Garrison Diversion Conservancy District , 312 N.W.2d 20 (N.D. 1981)
Lind v. Wells County Social Service Board , 311 N.W.2d 547 (N.D. 1981)
O'Connor v. Northern States Power Co. , 308 N.W.2d 365 (N.D. 1981)
Amoco Production Co. v. North Dakota Industrial Commission , 307 N.W.2d 839 (N.D. 1981)
City of Casselton v. North Dakota Public Service Commission , 307 N.W.2d 849 (N.D. 1981)
State Bank of Fargo v. Dakota Bank & Trust Co. , 305 N.W.2d 661 (N.D. 1981)
Shackelford v. Social Service Board of North Dakota , 299 N.W.2d 549 (N.D. 1980)
Hentz Truck Line, Inc. v. Elkin , 294 N.W.2d 774 (N.D. 1980)
Minnkota Power Cooperative, Inc. v. Lake Shure Properties , 289 N.W.2d 230 (N.D. 1980)
American State Bank v. State Banking Board , 289 N.W.2d 222 (N.D. 1980)
Power Fuels, Inc. v. Elkin , 283 N.W.2d 214 (N.D. 1979)
Insurance Services Office v. Knutson , 283 N.W.2d 395 (N.D. 1979)
Board of City Commissioners v. Kilgore , 283 N.W.2d 170 (N.D. 1979)
Interest of J.A. , 283 N.W.2d 83 (N.D. 1979)
Public Service Commission v. American Grain & Cattle, Inc. , 281 N.W.2d 48 (N.D. 1979)
Dairy Department of North Dakota v. Harvey Cheese, Inc. , 278 N.W.2d 137 (N.D. 1979)
Dan Dugan Transport Co. v. Maas Transport Inc. , 275 N.W.2d 855 (N.D. 1979)
North Dakota Real Estate Commission v. Allen , 271 N.W.2d 593 (N.D. 1978)
Knoefler Honey Farms v. Just , 270 N.W.2d 354 (N.D. 1978)
Johnson v. Elkin , 263 N.W.2d 123 (N.D. 1978)
Zimney v. N.D. Crime Victims Reparations Bd. , 252 N.W.2d 8 (N.D. 1977)
Reliance Insurance Co. v. Public Service Commission , 250 N.W.2d 918 (N.D. 1977)
State, ex rel. Holloway v. First American Bank & Trust Co. , 248 N.W.2d 859 (N.D. 1977)
Cass Co. Elec. Coop. v. Wold Properties , 249 N.W.2d 514 (N.D. 1976)
Hughes v. Crime Victims Reparations Board , 246 N.W.2d 774 (N.D. 1976)
Kristjanson v. State Committee , 239 N.W.2d 830 (N.D. 1976)
First American Bank and Trust Co. v. George , 239 N.W.2d 284 (N.D. 1976)
Citizens State Bank of Neche v. Bank of Hamilton , 238 N.W.2d 655 (N.D. 1976)
Bank of Hamilton v. State Banking Bd. , 236 N.W.2d 921 (N.D. 1975)
Northwestern Bell Telephone Co. v. Hagen , 234 N.W.2d 841 (N.D. 1975)
Application of Bank of Rhame , 231 N.W.2d 801 (N.D. 1975)
Mills v. Shoppers Charge Plan, Inc. , 231 N.W.2d 165 (N.D. 1975)
Tri-County Electric Coop., Inc. v. Elkin , 224 N.W.2d 785 (N.D. 1974)
First American Bank & Trust Co. v. Ellwein , 221 N.W.2d 509 (N.D. 1974)
Haugland v. N.D. Employment Security Bureau , 218 N.W.2d 181 (N.D. 1974)
Nielsen v. Social Service Board of North Dakota , 216 N.W.2d 708 (N.D. 1974)
Naaden v. Hagen , 219 N.W.2d 174 (N.D. 1973)
Naaden v. Hagen , 213 N.W.2d 702 (N.D. 1973)
State v. Igoe , 206 N.W.2d 291 (N.D. 1973)
First American Bank and Trust Co. v. Ellwein , 198 N.W.2d 84 (N.D. 1972)
First American Bank and Trust Co. v. Ellwein , 198 N.W.2d 107 (N.D. 1972)
Wagner v. Bd. of Barber Examiners , 186 N.W.2d 570 (N.D. 1971)
Detachment of Territory from Colgate School District , 183 N.W.2d 520 (N.D. 1971)
Family Center Drug Store v. State Board of Pharmacy , 181 N.W.2d 738 (N.D. 1970)
Applications of Northern States Power Co. , 171 N.W.2d 751 (N.D. 1969)
Cass County Elec. Coop. v. Otter Tail Power Co. , 169 N.W.2d 415 (N.D. 1969)
Public Service Commission v. City of Williston , 160 N.W.2d 534 (N.D. 1968)
Eklund Bros. Transport, Inc. v. Public Service Commission , 146 N.W.2d 613 (N.D. 1966)
Eklund Bros. Transport, Inc. v. Ritts , 148 N.W.2d 263 (N.D. 1966)
Indianhead Truck Line v. Thompson , 142 N.W.2d 138 (N.D. 1966)

Generated from Supreme Court Docket on 07/23/2008