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Johnson v. State

Docket No. 20200196
Oral Argument: Monday, November 30, 2020 2:45 PM

Docket Info

Title
Rene L. Johnson, Appellee
v.
State of North Dakota,
by North Dakota Board
of Accountancy, Appellant
Case Type
CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
Appeal From
Case No. 2020-CV-00939
South Central Judicial District, Burleigh County
Daniel James Borgen

Parties' Statement of Issues

  • Appellant

    Whether the district court erred in ordering an additional administrative hearing as to the disposition of Rene L. Johnson’s (Johnson) Certificate to practice public accountancy, when no genuine material issues of fact exist.

  • Appellee 1

    1. Whether the North Dakota Board of Accountancy (“Board”) erred by issuing a final order without providing Rene L. Johnson (“Johnson”) a hearing when summary judgment did not resolve all pending factual and legal issues?
    2. Whether the Board erred by reaching findings of fact and conclusions of law without support in the record?
    3. Whether the Board erred by denying Johnson’s right to a fair hearing on the contemplated disciplinary action?


Summary

The North Dakota Board of Accountancy (“the Board”) appeals from a district court order reversing the Board’s decision to revoke Rene L. Johnson’s certificate to practice public accountancy following Johnson’s conviction for wire fraud. The Board revoked Johnson’s certificate after it adopted the recommended order granting summary judgment to the Board issued by an independent administrative law judge.

Johnson appealed the Board’s revocation of her certificate to the district court. The court found the Board did not provide Johnson with a fair hearing as required by N.D.C.C. § 43-02.2-10 and N.D.C.C. ch. 28-32, reversed the revocation, and remanded the matter to the Board for further proceedings.

The Board appeals from the district court’s order, arguing the district court erred in concluding Johnson was not given a fair hearing prior to revocation of her certificate, and asks this Court to reverse the district court’s order and reinstate the Board’s revocation of Johnson’s certificate. Johnson argues the court should be affirmed because the Board erred by issuing a final order when summary judgment did not resolve all pending factual and legal issues, erred by reaching findings of fact and conclusions of law without support in the record, and she was denied a fair hearing.


Briefs

Filing Date Description
09/04/2020 APPELLANT BRIEF View
10/12/2020 APPELLEE BRIEF View
10/23/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT ATT. GENERAL OFFICE Joseph Paul Bialke - 04861
APPELLANT ATT. GENERAL OFFICE Matthew Arnold Sagsveen - 05613
APPELLEE PRIVATE PRACTICE Jesse Walstad - 07375

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

Seq. # Filing Date Description Attachment
1 07/28/2020 NOTICE OF APPEAL : 07/28/2020
2 07/29/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 07/29/2020 Notice Served on Jesse Walstad and Matthew A. Sagsveen
4 07/30/2020 DISK-ADMINISTRATIVE HEARING TRANSCRIPT DATED OCTOBER 21, 2019 (E-MAILED)
5 07/30/2020 Notice of Appearance by Joseph P. Bialke for Appellant
6 08/19/2020 Judgment entered in district court
7 08/20/2020 AMENDED NOTICE OF APPEAL
8 08/20/2020 NOT. OF FILING AMENDED NOT. OF APPEAL AND PROOF OF SERV.
9 08/20/2020 Notice served on Matthew A. Sagsveen, J.P. Bialke, & Jesse Walstad
10 08/25/2020 ELEC. RECORD ON APPEAL DATED AUGUST 24, 2020 (ENTRY NOS.1-114)
11 09/04/2020 APPELLANT BRIEF View
12 09/04/2020 Oral Argument Request by Appellant
13 09/04/2020 APPELLANT APPENDIX
14 09/08/2020 Rec'd 5 copies of ATB and 4 copies of ATA back from CD
15 09/30/2020 MOT. EXT/TIME APPELLEE BRIEF
16 10/01/2020 ACTION BY CLERK - Granted : 10/12/2020
17 10/12/2020 APPELLEE BRIEF View
18 10/12/2020 Oral Argument Request by Appellee
19 10/12/2020 APPELLEE APPENDIX
20 10/14/2020 Rec'd 5 copies of AEB and 4 copies of AEA back from CD
21 10/22/2020 NOTICE OF ORAL ARGUMENT SENT
22 10/23/2020 REPLY BRIEF View
23 10/28/2020 Rec'd 5 copies of RYB back from CD
24 11/24/2020 ANNOUNCED DISQUALIFICATION : Crothers, Daniel John
25 11/24/2020 SITTING WITH THE COURT : Hagerty, Gail H.