Baesler v. North Dakota Department of Transportation

2012 ND 39, 812 N.W.2d 434, 2012 N.D. LEXIS 31, 2012 WL 516994
CourtNorth Dakota Supreme Court
DecidedFebruary 17, 2012
DocketNo. 20110202
StatusPublished
Cited by4 cases

This text of 2012 ND 39 (Baesler v. North Dakota Department of Transportation) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baesler v. North Dakota Department of Transportation, 2012 ND 39, 812 N.W.2d 434, 2012 N.D. LEXIS 31, 2012 WL 516994 (N.D. 2012).

Opinion

KAPSNER, Justice.

[¶ 1] Wade Baesler appeals from a district court judgment affirming a Department of Transportation order suspending his driving privileges for 180 days. Because the Department failed to transmit a record compiled in the administrative proceedings, there is no evidence to support the Department’s exercise of jurisdiction to suspend Baesler’s license. We reverse.

I

[¶ 2] According to the Department’s hearing officer’s decision, on December 24, 2010, the Hettinger County Sheriffs Office issued Baesler a temporary operator’s permit based on an alcohol-related traffic offense that occurred in Hettinger County. On January 3, 2011, Baesler requested an administrative hearing on the suspension or revocation of his driving privileges. On January 7, 2011, the hearing officer scheduled the hearing for January 24, 2011. The record indicates Baesler’s counsel had requested a different date in emailed correspondence. On the date set for the hearing, neither Baesler nor his attorney attended. The hearing officer issued a decision suspending Baesler’s driving privileges for 180 days. The hearing officer found that “[njeither the Petitioner nor his counsel attended the hearing nor contacted the hearing officer about their non-attendance,” and concluded “[tjhere [was] an adequate basis in the record to warrant suspension of [Baesler’s] driving privileges.”

[¶ 3] Baesler appealed the Department’s decision to the district court, but the Department faded to transmit the record of the administrative proceedings to the court. Baesler requested the court grant him leave to supplement the record with the correspondence exchanged between the hearing officer and his counsel relating to the scheduling of the administrative hearing. The court granted Baes-ler’s request to supplement the record and affirmed the hearing officer’s decision.

II

[¶ 4] This Court’s 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. Berger v. North Dakota Dep’t of Transp., 2011 ND 55, ¶ 5, 795 N.W.2d 707. On appeal from the district court, this Court reviews the agency’s decision. Berger, at ¶ 5; Masset v. Director, North Dakota Dep’t of Transp., 2010 ND 211, ¶ 6, 790 N.W.2d 481. “Courts exercise limited review in appeals from administrative agency decisions, and the agency’s decision is accorded great deference.” Berger, at ¶ 5. We review an administrative 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. Berger, at ¶ 5. We must affirm the decision of the agency unless:

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.
[436]*4366. The conclusions of law and order of the agency are not supported by its findings of fact.
7. The findings of fact made by the agency do not sufficiently address the evidence presented to the agency by the appellant.
8. The conclusions of law and order of the agency do not sufficiently explain the agency’s rationale for not adopting any contrary recommendations by a hearing officer or an administrative law judge.

N.D.C.C. § 28-82-46.

Ill

[¶ 5] Baesler argues that the hearing officer’s decision is not in accordance with the law; the provisions of chapter 28-32, N.D.C.C., have not been complied with in the proceedings before the agency; the rules of procedure of the agency have not afforded the appellant a fair hearing; and the agency’s -findings of fact are not supported by a preponderance of the evidence, the conclusions of law are not sustained by the agency’s findings of fact, and the agency’s decision is not supported by the conclusions of law. Baesler also contends the order is in violation of his constitutional rights because he did not receive due process.

A

[¶ 6] Baesler mainly argues the hearing officer erred in suspending his driving privileges because there was a conflict in scheduling a mutually acceptable time for the hearing. This Court has recently explained, however, that the hearing officer has broad discretion in setting the hearing:

The Administrative Agencies Practice Act expressly directs that, in all adjudicative proceedings, “[t]he administrative agency shall designate the time and place for the hearing.” N.D.C.C. § 28-32-21(1)(c). Furthermore, the hearing officer has broad discretion to regulate the course of the administrative proceeding. N.D.C.C. § 28-32-35; Medical Arts Clinic, P.C. v. Franciscan Initiatives, Inc., 531 N.W.2d 289, 300 (N.D.1995); Knudson v. Director, North Dakota Dep’t of Transp., 530 N.W.2d 313, 316 (N.D.1995). A hearing officer in an adjudicative administrative proceeding functions in a quasi-judicial capacity, and shares the broad discretion accorded to judicial officers. See Medical Arts Clinic, at 297, 300; Loran v. Iszler, 373 N.W.2d 870, 876 (N.D.1985). Thus, it has been recognized that hearing officers have discretion to control procedural matters such as discovery and admission of evidence. See, e.g., State ex rel. Workforce Safety, & Ins. v. Altru Health Sys., 2007 ND 38, ¶ 11, 729 N.W.2d 113; May v. Sprynczynatyk, 2005 ND 76, ¶ 24, 695 N.W.2d 196. Trial courts have broad discretion over the progress and conduct of a trial or hearing, including scheduling and the determination whether to continue a trial or hearing. See Hartleib v. Simes, 2009 ND 205, ¶ 15, 776 N.W.2d 217; State v. Ripley, 2009 ND 105, ¶ 12, 766 N.W.2d 465; State v. Schmidkunz, 2006 ND 192, ¶ 22, 721 N.W.2d 387; Peterson v. Zerr, 443 N.W.2d 293, 297 n. 3 (N.D.1989). A hearing officer conducting an adjudicative administrative proceeding has the same scope of discretion in conducting the hearing, including scheduling and continuances. See Medical Arts Clinic, at 297, 300.

Berger, 2011 ND 55, ¶ 7, 795 N.W.2d 707.

[¶ 7] Here, Baesler supplemented the record in the district court with correspondence between his counsel and the hearing officer, showing Baesler and his counsel had over two weeks to make arrangements for purposes of the hearing. [437]*437Baesler essentially questions whether the hearing officer, in exercising his broad discretion, made reasonable attempts to accommodate the parties to schedule the hearing.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bayles v. North Dakota Department of Transportation
2015 ND 298 (North Dakota Supreme Court, 2015)
Schlittenhart v. North Dakota Department of Transportation
2015 ND 179 (North Dakota Supreme Court, 2015)
Schlittenhart v. N.D. Dep't of Transportation
2015 ND 179 (North Dakota Supreme Court, 2015)
State v. Marsette
2012 ND 22 (North Dakota Supreme Court, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
2012 ND 39, 812 N.W.2d 434, 2012 N.D. LEXIS 31, 2012 WL 516994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baesler-v-north-dakota-department-of-transportation-nd-2012.