§ 20.1-13.1-09 — Judicial review

North Dakota § 20.1-13.1-09

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

Text

Any person who has been prohibited from operating a motorboat or vessel by the decision
of the hearing officer under section 20.1-13.1-08 may appeal within seven days after the date
the hearing officer issued the decision under section 20.1-13.1-08 as shown by the date of the
hearing officer's decision, notwithstanding section 28-32-42, by serving on the director and filing
a notice of appeal and specifications of error in the district court in the county where the events
occurred for which the demand for a chemical test was made or in the county in which the
administrative hearing was held. The court shall set the matter for hearing, and the petitioner
shall give twenty days' notice of the hearing to the director and to the hearing officer who
rendered the decision. Neither the director nor the court may stay the decision pending decision
on appeal. Within fifteen days after receipt of the notice of appeal, the director or the hearing
officer who rendered the decision shall file in the office of the clerk of court to which the appeal
is taken a certified transcript of the testimony and all other proceedings. This record is the
record on which the appeal must be determined. No additional evidence may be heard. The
court shall affirm the decision of the director or hearing officer unless it finds the evidence
insufficient to warrant the conclusion reached by the director or hearing officer. The court may
direct that the matter be returned to the director or hearing officer for rehearing and the
presentation of additional evidence.