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Lindstrom v. North Dakota Department of Transportation

Supreme Court of North Dakota

December 12, 2019

Brandon Wade Lindstrom, Appellant
v.
North Dakota Department of Transportation, Appellee

          Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Thomas J. Schneider, Judge.

          Danny L. Herbel, Bismarck, ND, for appellant.

          Michael T. Pitcher, Assistant Attorney General, Bismarck, ND, for appellee.

          OPINION

          Crothers, Justice.

         [¶1] Brandon Wade Lindstrom appeals the district court judgment affirming the hearing officer's decision to suspend Lindstrom's license for 180 days. We affirm.

         I

         [¶2] On January 28, 2019, Lindstrom was arrested for driving under the influence and given a chemical breath test which showed he was over the legal limit for driving. Lindstrom requested an adminstrative hearing. The hearing officer found the Highway Patrol Trooper had reasonable grounds to believe Lindstrom was driving a vehicle while under the influence of intoxicating liquor, and the Trooper who stopped Lindstrom forwarded the report and notice form and test results to the Department of Transportation by placing them in the mail in an in-house mailing bin on January 29, 2019. The hearing officer suspended Lindstrom's driving priviledges for 180 days. Lindstrom appealed to the district court which affirmed the hearing officer's decision. Lindstrom appeals.

         II

         [¶3] "The Administrative Agencies Practice Act, N.D.C.C. ch. 28-32, governs our review of an administrative decision suspending or revoking a driver's license." Crawford v. Director, N.D. Dep't of Transp., 2017 ND 103, ¶ 3, 893 N.W.2d 770. Under N.D.C.C. § 28-32-49, we review an appeal from a district court judgment in an administrative appeal in the same manner as provided under N.D.C.C. § 28-32-46, which requires a district court to affirm an agency order unless it finds any of the following:

"1. The order is not in accordance with the law.
2. The order is in violation of the constitutional rights of the appellant.
3. The provisions of this chapter have not been complied with in the proceedings before the agency.
4. The rules or procedure of the agency have not afforded the appellant a fair hearing.
5. The findings of fact made by the agency are not supported by a preponderance of the evidence.
6. The conclusions of law and order of the agency are not supported by its ...

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