§ 20.1-15-08 — Administrative hearing on request

North Dakota § 20.1-15-08

• Jurisdiction: North Dakota
• Title 20.1: Game, Fish, Predators, and Boating
• Ch. 20.1-15: Intoxication Testing of Hunters

Text

1. Before issuing an order of suspension, revocation, or denial under section 20.1-15-06
or 20.1-15-07, 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 revoke,
suspend, or deny hunting privileges and took possession of that person's hunting

license. The hearing must be held within twenty-five days after the date the game
warden or law enforcement officer issued a statement of intent to revoke, suspend, or
deny hunting privileges and took possession of that person's hunting license, but the
hearing officer may extend the hearing to within thirty-five days after the date the game
warden or law enforcement officer issued a statement of intent to revoke, suspend, or
deny hunting privileges and took possession of that person's hunting license if good
cause is shown.
2. If the issue to be determined by the hearing concerns suspension of hunting privileges
for being afield with a gun or other firearm or a bow and arrow 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 reasonable grounds to believe the individual had been afield with a gun or
other firearm or bow and arrow in violation of section 20.1-01-06; whether the
individual was placed under arrest; whether the individual was tested in accordance
with section 20.1-15-01 or 20.1-15-04 and, if applicable, section 20.1-15-03; 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 the privilege to
hunt might be suspended based on the results of the chemical test is not an issue.
3. If the issue to be determined by the hearing concerns revocation of hunting privileges
for refusing to submit to a chemical test under section 20.1-15-01 or 20.1-15-15, 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 20.1-15-01 may cover only the
issues of whether a game warden or law enforcement officer had reasonable grounds
to believe the person had been afield with a gun or other firearm or a bow and arrow in
violation of section 20.1-01-06; whether the person was placed under arrest; and
whether that person refused to submit to the chemical test. The scope of a hearing for
refusing to submit to a chemical test under section 20.1-15-15 may cover only the
issues of whether the game warden or law enforcement officer had reason to believe
and had, through the officer's observations, formulated an opinion that the person's
body contains alcohol, other drugs, or a combination thereof and whether the person
refused to submit to the onsite screening test. Whether the person was informed that
the privilege to hunt would be revoked or denied for refusal to submit to the test is not
an issue.
4. At a hearing under this section, the regularly kept records of the director and the 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 the 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 and shall immediately deliver to the person a copy of the decision. 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 of the revocation, suspension, or denial
of hunting privileges 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. If the hearing officer has determined in favor of the person, the director shall
return the person's hunting license.
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 the revocation, suspension, or denial of hunting privileges 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 of the revocation, suspension, or
denial of hunting privileges in this state. 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 20.1-15-09.