from the District Court of Burleigh County, South Central
Judicial District, the Honorable James S. Hill, Judge.
R. McCabe, for petitioner and appellant.
Michael T. Pitcher, Office of the Attorney General, for
respondent and appellee.
J. Crothers, Justice.
1] Jody Jangula appeals from a district court judgment
affirming a Department of Transportation hearing
officer's decision suspending his driving privileges for
two years. We affirm, concluding the hearing officer did not
abuse its discretion in admitting the analytical report of a
blood sample into evidence at the administrative hearing.
2] In January 2015 Jangula was charged with actual physical
control of a vehicle while under the influence. Jangula was
issued a report and notice form, notifying him of the
Department's intent to suspend his driving privileges.
Jangula requested an administrative hearing.
3] At the February 2015 hearing the Department offered a
number of exhibits into evidence, including exhibit 1 showing
Jangula's blood alcohol concentration of.226 percent by
weight. Jangula objected, contending the analytical report
had not been certified or authenticated and the Department
had not complied with the relevant statutes and rules of
evidence. The hearing officer overruled Jangula's
objections and admitted the exhibit into evidence.
4] The hearing officer suspended Jangula's driving
privileges for two years. Jangula appealed to the district
court, which affirmed.
5] Our review of an administrative agency decision to suspend
a person's driving privileges is governed by the
Administrative Agencies Practice Act, N.D.C.C. ch. 28-32.
Painte v. Dir., Dep't of Transp., 2013 ND 95,
¶ 6, 832 N.W.2d 319. We review the agency decision under
N.D.C.C. § 28-32-49 in the same manner as the district
court under N.D.C.C. § 28-32-46. We will affirm the
agency's decision unless:
"1. The order is not in accordance with the law.
2. The order is in violation of the constitutional rights of
3. The provisions of this chapter have not been complied with
in the proceedings ...