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Rott v. North Dakota Department of Transportation10/3/2000
Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable John T. Paulson, Judge.
REVERSED.
Opinion of the Court by Neumann, Justice.
[ ] The North Dakota Department of Transportation appeals from the district court's judgment reversing the department's decision to cancel Cassandra Rott's driver's license. We reverse.
[ ] On September 17, 1997, Cassandra Rott, then fourteen years of age, received a class D North Dakota driver's license. Effective August 1, 1999, the North Dakota Legislative Assembly enacted N.D.C.C. § 39-06- 01.1, providing for the cancellation of a minor's driver's license or permit upon an accumulation of a point total in excess of five points. On October 14, 1999, while still a minor, Rott committed a traffic offense resulting in six points assessed against her driving record.
[ ] On November 1, 1999, the department issued an order notifying Rott of its intent to cancel her driver's license based on an offense triggering N.D.C.C. § 39-06-01.1. Rott requested an administrative hearing.
[ ] At the hearing, Rott conceded she was a minor convicted of a traffic offense resulting in assessment of six points against her driving record. Rott argued that applying N.D.C.C. § 39-06-01.1 to her was an unconstitutional ex post facto application and violated her due process right to proper notice. The hearing officer recommended the department cancel Rott's driver's license based on a point total in excess of five points. On December 1, 1999, the department issued its final decision canceling Rott's driver's license.
[ ] Rott appealed the department's decision to the district court. The district court reversed the license cancellation. The department appeals.
[ ] The Administrative Agencies Practice Act, N.D.C.C. ch. 28-32, governs the review of an administrative decision to suspend or revoke a driver's license. Morrell v. North Dakota Dept. of Transp., 1999 ND 140, 6, 598 N.W.2d 111. When reviewing a driver's license suspension or revocation, we review the agency's decision. Id. at 6. We affirm the agency's decision unless:
1) a preponderance of the evidence does not support the agency's findings; 2) the agency's findings of fact do not support its conclusions of law and its decision; 3) the agency's decision violates the constitutional rights of the appellant; 4) the agency did not comply with the Administrative Agencies Practice Act in its proceedings; 5) the agency's rules or procedures have not afforded the appellant a fair hearing; or 6) the agency's decision is not in accordance with the law. Id. at 6.
The canceling language of N.D.C.C. § 39-06-01.1 provides:
. The director shall cancel the permit or license to operate a motor vehicle of an individual who has committed acts resulting in an accumulated point total in excess of five points as provided for a violation under section 39-06.1-10 or has committed an alcohol-related offense while operating a motor vehicle, if:
. The acts or offenses were committed while the individual was a minor; and
. The individual admitted the violation, was found to have committed the violation by the official having jurisdiction, or pled guilty to, was found guilty of, or adjudicated to have committed the offense.
The department argues it appropriately canceled Rott's driver's license under N.D.C.C. § 39-06-01.1. The parties agree the facts in this case satisfy the elements of N.D.C.C. § 39-06-01.1. Rott was a minor convicted of a traffic offense resulting in six points being assessed against her driving record. Rott's argument to the
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