§ 39-20-06 — Judicial review

North Dakota § 39-20-06

• Jurisdiction: North Dakota
• Title 39: Motor Vehicles
• Ch. 39-20: Chemical Test for Intoxication, Implied Consent

Text

Any person whose operator's license or privilege has been suspended, revoked, or denied
by the decision of the hearing officer under section 39-20-05 may appeal within seven days after
the date of the hearing under section 39-20-05 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.