Johnson v. State
- Rene L. Johnson, Appellee
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
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.
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?
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.
(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)|
|12||09/04/2020||Oral Argument Request by Appellant|
|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|
|18||10/12/2020||Oral Argument Request by Appellee|
|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|
|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.|