§ 20.1-13.1-08 — Administrative hearing on request

North Dakota § 20.1-13.1-08

• Jurisdiction: North Dakota
• Title 20.1: Game, Fish, Predators, and Boating
• Ch. 20.1-13.1: Intoxication Testing of Boat Operators

Text

1. Before prohibiting a person from operating a motorboat or vessel under section
20.1-13.1-06 or 20.1-13.1-07, the director shall afford that person an opportunity for a
hearing if the person mails a request for the hearing to the director within ten days
after the date the game warden or law enforcement officer issued a statement of intent
to prohibit the person from operating a motorboat or vessel. The hearing must be held
within twenty-five days after the date of issuance of the statement of intent, but the
hearing officer may extend the hearing to within thirty-five days after the issuance of
the statement of intent if good cause is shown.
2. If the issue to be determined by the hearing concerns the prohibition from operating a
motorboat or vessel for operating a motorboat or vessel while having an alcohol, other
drug, or a combination thereof concentration of at least ten one-hundredths of one
percent by weight, the hearing must be before a hearing officer assigned by the
director and at a time and place designated by the director. The hearing must be
recorded and its scope may cover only the issues of whether the arresting warden or
officer had probable cause to believe the individual had been operating a motorboat or

vessel in violation of section 20.1-13-07; whether the individual was placed under
arrest; whether the individual was tested in accordance with section 20.1-13.1-01 or
20.1-13.1-04 and, if applicable, section 20.1-13.1-03; and whether the chemical test
results show the individual had an alcohol, other drug, or a combination thereof
concentration of at least ten one-hundredths of one percent by weight. For purposes of
this section, a copy of a certified copy of an analytical report of a blood or urine sample
from the director of the state crime laboratory or the director's designee, or a certified
copy of the checklist and test records from a certified breath test operator establish
prima facie the alcohol, other drug, or a combination thereof concentration shown
therein. Whether the individual was informed that that individual may be prohibited
from operating a motorboat or vessel based on the results of the chemical test is not
an issue.
3. If the issue to be determined by the hearing concerns the prohibition from operating a
motorboat or vessel for refusing to submit to a chemical test under section
20.1-13.1-01, the hearing must be before a hearing officer assigned by the director at
a time and place designated by the director. The hearing must be recorded. The scope
of a hearing for refusing to submit to a chemical test under section 20.1-13.1-01 may
cover only the issues of whether a game warden or law enforcement officer had
probable cause to believe the person had been operating a motorboat or vessel in
violation of section 20.1-13-07; whether the person was placed under arrest; and
whether that person refused to submit to the chemical test.
4. At a hearing under this section, the regularly kept records of the director and state
crime laboratory may be introduced. Those records establish prima facie their contents
without further foundation. For purposes of this chapter, the following are deemed
regularly kept records of the director and state crime laboratory:
a. Any copy of a certified copy of an analytical report of a blood or urine sample
received by the director from the director of the state crime laboratory or the
director's designee or a game warden or a law enforcement officer or a certified
copy of the checklist and test records received by the director from a certified
breath test operator; and
b. Any copy of a certified copy of a certificate of the director of the state crime
laboratory or the director's designee relating to approved methods, devices,
operators, materials, and checklists used for testing for alcohol concentration or
the presence of other drugs, or a combination thereof, received by the director
from the director of the state crime laboratory or the director's designee that have
been electronically posted with the state crime laboratory division of the attorney
general at the attorney general website.
5. At the close of the hearing, the hearing officer shall notify the person of the hearing
officer's findings of fact, conclusions of law, and decision based on the findings and
conclusions by issuing to the person a copy of the decision within ten days of the
conclusion of the hearing. If the hearing officer does not find in favor of the person, the
copy of the decision serves as the director's official notification to the person that the
person is prohibited from operating a motorboat or vessel in this state. The hearing
officer shall report the findings, conclusions, and decisions to the director within ten
days of the conclusion of the hearing.
6. If the person who requested a hearing under this section fails to appear at the hearing
without justification, the right to the hearing is waived, and the hearing officer's
determination on prohibition of the person from operating a motorboat or vessel will be
based on the written request for hearing, game warden's or law enforcement officer's
report, and other evidence as may be available. The hearing officer shall, on the date
for which the hearing is scheduled, mail to the person, by regular mail, at the address
on file with the director, or at any other address for the person or the person's legal
representative supplied in the request for hearing, a copy of the decision which serves
as the director's official notification to the person that the person is prohibited from
operating a motorboat or vessel in this state for the appropriate period. Even if the
person for whom the hearing is scheduled fails to appear at the hearing, the hearing is

deemed to have been held on the date for which it is scheduled for purposes of appeal
under section 20.1-13.1-09.