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Kraft v. ND State Board of Nursing

Docket No. 20000320
Oral Argument: Tuesday, March 27, 2001 1:30pm

Docket Info

Title
Bonnie Kraft, Petitioner and Appellant
v.
North Dakota State
Board of Nursing, Respondent and Appellee
Case Type
CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
Appeal From
Case No. 00-C-01736
South Central Judicial District, Burleigh County
James M. Vukelic
2001 ND 131631 N.W.2d 572
Oral Argument 3/27/2001

Highlight

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.

Briefs

Filing Date Description
12/27/2000 APPELLANT BRIEF View
01/26/2001 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Carl O Flagstad - 03389
APPELLEE SPEC. ASST. ATTY. GEN. Calvin N Rolfson - 02824

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 11/20/2000 NOTICE OF APPEAL : 11/17/2000
2 12/15/2000 RECORD ON APPEAL including Transcript of Admin Hearing dated December 17, 1999
3 12/26/2000 DISK - TRA (12-17-99)
4 12/27/2000 APPELLANT BRIEF View
5 12/27/2000 APPELLANT APPENDIX
6 12/28/2000 DISK of ATB
7 01/26/2001 APPELLEE BRIEF View
8 01/26/2001 APPELLEE APPENDIX
9 01/26/2001 DISK - AEB
10 03/27/2001 APPEARANCES: Carl O. Flagstad; Calvin N. Rolfson, Brian L. Bergeson
11 03/27/2001 ARGUED: Flagstgad; Rolfson (Vol. X; page 119)
12 03/27/2001 ORAL ARGUMENT WEBCAST
13 07/20/2001 DISPOSITION
14 07/20/2001 UNANIMOUS OPINION : Kapsner, Carol Ronning View
15 07/20/2001 Costs on appeal taxed in favor of appellee
16 07/23/2001 Order/Judgment Mailed to Parties
17 08/03/2001 PETITION FOR REHEARING, w/ attached Exhibits View
18 08/08/2001 DISK - PER (e-mailed)
19 08/30/2001 ACTION BY SUPREME COURT (PER) - Denied
20 09/07/2001 MANDATE
21 09/12/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
22 07/12/2007 EXPUNGED - Nonpermanent record items destroyed