from the District Court of Cass County, East Central Judicial
District, the Honorable John C. Irby, Judge.
T. Heck, for appellee.
Moraghan, Office of Attorney General, for appellant.
1] The Department of Transportation appeals a judgment
reversing the Department's decision to suspend Kristin
Jones' driving privileges for 180 days. The Department
argues the district court erred by reversing the hearing
officer's decision on grounds not identified in her
specifications of error. Because the basis for the district
court's decision was not raised in the administrative
hearing, we reverse the judgment and reinstate the
2] West Fargo Police Officer Benjamin Orr arrested Kristin
Jones for driving under the influence. At the administrative
hearing Orr testified Jones agreed to submit to a blood draw.
Orr transported Jones to Essentia Hospital for the blood
draw. Following the blood draw Orr mailed the blood sample to
the toxicology lab. Orr filled out the Report and Notice form
except the portion stating the results of the blood test. Orr
signed and dated the Report and Notice form. Orr testified he
believed another officer, Lieutenant Duane Sall, received the
toxicology lab results and filled out the remaining portion
of the Report and Notice form. Specifically, Sall recorded
the test results on the form, completed the certificate of
mailing/issuance and mailed out the Report and Notice form.
3] The hearing officer suspended Jones' driver's
license for 180 days concluding it was "acceptable for
Officer Orr to delegate portions of the mailing process to
other staff within his office." Jones appealed to the
district court arguing the hearing officer erred in finding
Orr satisfied the requirements of N.D.C.C. § 39-20-03.1
and the Report and Notice form was deficient. Jones further
requested attorney's fees and costs. The district court
reversed the hearing officer's decision that the
arresting officer was not required under N.D.C.C. §
39-20-05(4)  to personally mail the Report and
Notice form to the Department. The district court denied
Jones' request for attorney's fees and costs.
Id. The Department appeals.
4] This Court reviews an administrative revocation of a
driver's license under N.D.C.C. § 28-32-46.
Deeth v. Director, North Dakota Dept. of Transp.,
2014 ND 232, ¶ 10, 857 N.W.2d 86. We affirm the hearing
officer'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 ...