§ 12-63-15 — Temporary suspension - Appeal

North Dakota § 12-63-15

• Jurisdiction: North Dakota
• Title 12: Corrections, Parole, and Probation
• Ch. 12-63: Peace Officer Standards, Training, and Licensing

Text

1. The board may order a temporary suspension of a peace officer's license ex parte if
the board finds, based on verified evidence, probable cause to believe that:
a. A peace officer has violated this chapter or a rule of the board;
b. Continued performance of peace officer law enforcement duties would create a
significant risk of serious and ongoing harm to the public while a disciplinary
proceeding is pending; and
c. Immediate suspension of the peace officer's license is required to reasonably
protect the public from that risk of harm.
For purposes of this section, evidence is verified if sworn to before an officer
authorized to administer oaths or equivalent affirmations.
2. An ex parte temporary suspension remains in effect for not more than sixty days,
unless otherwise terminated by the board.
3. The board shall set the date of a full hearing on the cause and grounds for discipline
regarding the license at a time not later than sixty days after the issuance of the ex
parte temporary suspension order. Within three days after the issuance of the ex parte
suspension order, the board shall serve the peace officer with a copy of the order
along with a copy of the complaint and notice of the date set for the full hearing.
4. The peace officer may appeal the ex parte temporary suspension order prior to the full
hearing. For purposes of appeal, the district court shall decide whether the board
acted reasonably or arbitrarily. The court shall give priority to the appeal for prompt
disposition. Unless otherwise ordered by the district court, an appeal by the peace
officer of the ex parte temporary suspension order does not stay the effectiveness or
validity of the ex parte temporary license suspension.