Berg v. North Dakota State Board of Registration
Docket No. 20170413
Oral Argument:
Monday, September 10, 2018 9:30 AM
Docket Info
- Title
- Michael Berg, Appellee and Cross-Appellant
v.
North Dakota State Board of Registration for
Professional Engineers and Land Surveyors, Appellant and Cross-Appellee - Case Type
- CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
- Appeal From
-
Case No. 2015-CV-00200
South Central Judicial District, Burleigh County
David E. Reich
2018 ND 274920 N.W.2d 896
Oral Argument
9/10/2018
Highlight
In reviewing an administrative agency’s findings of fact, the Supreme Court does not make independent findings of fact or substitute its judgment for that of the agency.
In an administrative proceeding, the administrative agency resolves conflicts of evidence and weighs the credibility of witnesses.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 11/28/2017 | NOTICE OF APPEAL : 11/28/2017 | |
2 | 11/28/2017 | ORDER FOR TRANSCRIPT : 11/29/2017 | |
3 | 11/28/2017 | Received filing fee | |
4 | 11/29/2017 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
5 | 11/29/2017 | Notice served on Lyle W. Kirmis & Robert G. Hoy | |
6 | 12/07/2017 | DISK - Transcript of Administrative Agency Hearing dated December 15, 2014 | |
7 | 12/07/2017 | through December 19, 2014 (e-mailed) | |
8 | 12/12/2017 | NOTICE OF CROSS APPEAL | |
9 | 12/15/2017 | NOT. OF FILING NOT. OF CROSS APPEAL AND PROOF OF SERV. | |
10 | 12/15/2017 | Notice of Cross Appeal served on Lyle W. Kirmis and Robert G. Hoy | |
11 | 12/29/2017 | ELEC. RECORD ON APPEAL DATED December 28, 2017 (ENTRY NOS.1-259; 262-328) | |
12 | 12/29/2017 | Entry Nos. 260 & 261 (DVDs) received via U.S. mail | |
13 | 01/29/2018 | ELECTRONIC TRANSCRIPTS DATED February 22, 2016 & June 5, 2017 & C.O.S. | |
14 | 03/12/2018 | APPELLANT BRIEF | View |
15 | 03/12/2018 | E-FILED BRIEF | |
16 | 03/12/2018 | APPELLANT APPENDIX | |
17 | 03/12/2018 | Received $25 e-filing surcharge for ATB (Receipt# 25985) | |
18 | 03/16/2018 | Received ATB from CSD | |
19 | 03/16/2018 | Received non-substantive corrections to ATA (Notice of Appeal and Specifications of Error) | |
20 | 04/10/2018 | APPELLEE'S/CROSS APPELLANT'S BRIEF (Michael Berg) (PDF) | View |
21 | 04/10/2018 | E-FILED BRIEF (PDF) | |
22 | 04/10/2018 | APPELLEE/CROSS APPELLANT APPENDIX | |
23 | 04/10/2018 | E-FILED APPENDIX | |
24 | 04/12/2018 | Rec'd $25 e-filing surcharge for AEB (receipt #26057) | |
25 | 04/17/2018 | Rec'd 6 copies of AEB and 6 copies of AEA from Central Duplicating | |
26 | 04/23/2018 | REPLY BRIEF (PDF) (Appellant/Cross-Appellee) | View |
27 | 04/23/2018 | E-FILED BRIEF | |
28 | 04/24/2018 | Received 6 copies of RYB from CSD | |
29 | 05/02/2018 | REPLY BRIEF of Appellee/Cross-Appellant Michael Berg | |
30 | 05/02/2018 | E-FILED BRIEF | |
31 | 05/07/2018 | Received 6 copies of RYB from CSD | |
32 | 08/01/2018 | This case is consolidated with cases 20170414 - 20170418 | |
33 | 08/02/2018 | NOTICE OF ORAL ARGUMENT SENT | |
34 | 08/02/2018 | ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair | |
35 | 08/06/2018 | SITTING WITH THE COURT : Lee, Gary H. | |
36 | 09/07/2018 | Appellant requests 10 minutes rebuttal time in addition to the 40 minutes allotted | |
37 | 09/07/2018 | ACTION BY SUPREME COURT (in part) - Granted | |
38 | 09/10/2018 | APPEARANCES: Lyle W. Kirmis; Robert G. Hoy | |
39 | 09/10/2018 | ARGUED: Lyle W. Kirmis; Robert G. Hoy | |
40 | 09/10/2018 | ORAL ARGUMENT WEBCAST | |
41 | 12/11/2018 | DISPOSITION | |
42 | 12/11/2018 | UNANIMOUS OPINION : Jensen, Jon J. | View |
43 | 12/11/2018 | CONCUR IN THE RESULT : Crothers, Daniel John | |
44 | 12/11/2018 | CONCURRING : Tufte, Jerod E. | |
45 | 12/11/2018 | JOINING IN THE CONCURRING : Crothers, Daniel John | |
46 | 12/11/2018 | By order of the Court neither party have and recover costs and disbursements in this appeal. | |
47 | 12/12/2018 | Judgment Sent to Parties | |
48 | 01/07/2019 | MANDATE | |
49 | 01/10/2019 | Rec'd returned signed mandate receipt back from DC clerk |