State of N.D., et al. v. N.D. Insurance Reserve Fund
Docket No. 20110368
Oral Argument:
Wednesday, May 30, 2012 10:45am
Docket Info
- Title
- State of North Dakota by and through
the Department of Human Services and its
Child Support Enforcement Division, Petitioner and Appellant
v.
North Dakota Insurance Reserve Fund, Respondent and Appellee - Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
-
Case No. 11-C-00529
South Central Judicial District, Burleigh County
Bruce A. Romanick
2012 ND 216822 N.W.2d 038
Oral Argument
5/30/2012
Highlight
The statutory procedure authorizing a proceeding to enforce an administrative subpoena in district court, is a special proceeding, and an order denying an application for enforcement of an administrative subpoena is appealable.
The particular controls general rule of statutory construction applies only when the conflict between two statutory provisions is irreconcilable.
The Department of Human Services was statutorily authorized to issue an administrative subpoena to the North Dakota Insurance Reserve Fund seeking information relevant to child support enforcement.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 12/19/2011 | NOTICE OF APPEAL : 12/15/2011 | |
| 2 | 12/19/2011 | ORDER FOR TRANSCRIPT : 12/15/2011 | |
| 3 | 01/04/2012 | Court requested that the parties address appealability in briefs on the merits | |
| 4 | 01/06/2012 | Rec'd IDB $125 filing fee. | |
| 5 | 01/06/2012 | Rec'd IDB $25 ATB surcharge. | |
| 6 | 01/09/2012 | Electronic RECORD ON APPEAL dated January 6, 2012 (entry nos. 1-23). | |
| 7 | 01/25/2012 | TRANSCRIPT DATED SEPTEMBER 26, 2012, & C.O.S. | |
| 8 | 01/25/2012 | DISK-TRA (9/26/12) E-MAILED | |
| 9 | 03/02/2012 | APPELLANT BRIEF | View |
| 10 | 03/02/2012 | DISK - ATB (e-mailed) | |
| 11 | 03/02/2012 | APPELLANT APPENDIX | |
| 12 | 04/04/2012 | APPELLEE BRIEF | View |
| 13 | 04/04/2012 | E-FILED BRIEF | |
| 14 | 04/05/2012 | Received $25 e-filing surcharge for AEB | |
| 15 | 04/10/2012 | Received 7 copies of AEB from Central Duplicating. | |
| 16 | 04/11/2012 | NOTICE OF ORAL ARGUMENT SENT | |
| 17 | 04/19/2012 | REPLY BRIEF | View |
| 18 | 04/19/2012 | DISK - ryb (e-mailed) | |
| 19 | 04/23/2012 | MOT. EXT/TIME REPLY BRIEF | |
| 20 | 04/23/2012 | E-FILED MOTION | |
| 21 | 04/24/2012 | NO ACTION TAKEN | |
| 22 | 05/30/2012 | APPEARANCES: Sheila Keller/Tiffany Johnson and Gary Thune | |
| 23 | 05/30/2012 | ARGUED: Keller/Johnson | |
| 24 | 05/30/2012 | ORAL ARGUMENT WEBCAST | |
| 25 | 10/23/2012 | DISPOSITION | |
| 26 | 10/23/2012 | UNANIMOUS OPINION : Maring, Mary Muehlen | View |
| 27 | 10/23/2012 | Costs on appeal taxed in favor of Appellant | |
| 28 | 10/24/2012 | Judgment E-Mailed to Parties | |
| 29 | 11/28/2012 | MANDATE | |
| 30 | 11/29/2012 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 31 | 08/05/2021 | EXPUNGED - Nonpermanent record items destroyed |