North Dakota § 39-06.2-10.7 Judicial review

North Dakota Statutes

§ 39-06.2-10.7 — Judicial review

North Dakota § 39-06.2-10.7

Title 39Motor Vehicles

Ch. 39-06.2Commercial Driver's Licenses

This text of North Dakota § 39-06.2-10.7 (Judicial review) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 39-06.2-10.7 (2026).

Text

Any person whose commercial driver's license or privilege has been suspended, revoked,
or denied by the decision of the hearing officer under section 39-06.2-10.6 may appeal within
seven days after the date of the hearing under section 39-06.2-10.6 as shown by the date of the
hearing officer's decision, section 28-32-42 notwithstanding, 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 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 c

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

Any person whose commercial driver's license or privilege has been suspended, revoked,
or denied by the decision of the hearing officer under section 39-06.2-10.6 may appeal within
seven days after the date of the hearing under section 39-06.2-10.6 as shown by the date of the
hearing officer's decision, section 28-32-42 notwithstanding, 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 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
twenty 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. It 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.
39-06.2-10.8. Temporary driver's permit.
A temporary driver's permit extends driving privileges for twenty-five days, unless earlier
terminated by the decision of a hearing officer under section 39-06.2-10.6. The law enforcement
officer must sign and note the date of issuance on the temporary driver's permit. The temporary
driver's permit serves as the director's official notification to the driver of the director's intent to
revoke, suspend, or deny driving privileges in this state. No temporary driver's permit may be
issued for the period covered by an out-of-service order.