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Lee v. North Dakota Dep't of Transportation1/14/2004
rounds to believe the person had been driving or was in actual physical control of a vehicle in violation of section 39-08-01 or equivalent ordinance . . . whether the person was placed under arrest . . . whether the person was tested in accordance with section 39-20-01 or 39-20-03 and, if applicable, section 39-20-02; and whether the test results show the person had an alcohol concentration of at least ten one-hundredths of one percent by weight.
At the administrative hearing requested by Lee, the hearing officer determined police had reasonable grounds to believe Lee was in actual physical control of her vehicle; that she was arrested; that police properly tested her blood alcohol concentration; and that she had a concentration over the legal limit.
[ ] This Court exercises limited review in appeals involving a driver's license suspension. Henderson v. Dir., N.D. Dep't of Transp., 2002 ND 44, 6, 640 N.W.2d 714. This Court does not review the district court decision, but rather, reviews the agency's decision. Id. (citing Morrell v. N.D. Dep't of Transp., 1999 ND 140, 6, 598 N.W.2d 111). However, the district court's analysis is entitled to respect if its reasoning is sound. Rist v. N.D. Dep't. of Transp., 2003 ND 113, 6, 665 N.W.2d 45 (citing Obrigewitch v. Dir., N.D. Dep't of Transp., 2002 ND 177, 7, 653 N.W.2d 73). This Court will affirm the agency's decision unless:
1. The order is not in accordance with the law.
2. The order is in violation of the constitutional rights of the appellant.
3. The provisions of this chapter have not been complied with in the proceedings before the agency.
4. The rules or procedure of the agency have not afforded the appellant a fair hearing.
5. The findings of fact made by the agency are not supported by a preponderance of the evidence.
6. The conclusions of law and order of the agency are not supported by its findings of fact.
7. The findings of fact made by the agency do not sufficiently address the evidence presented to the agency by the appellant.
8. The conclusions of law and order of the agency do not sufficiently explain the agency's rationale for not adopting any contrary recommendations by a hearing officer or an administrative law judge.
N.D.C.C. § 28-32-46.
[ ] This Court gives deference to the agency's findings and will not substitute its own judgment for that of the agency. Henderson, at 6. When an agency's decision has been reversed by the district court, this Court reviews the agency decision. Id. The administrative hearing officer resolves the underlying factual disputes. Id.
We give great deference to the Department's findings of fact, and we do not make independent findings or substitute our judgment for that of the Department; rather, we determine only whether a reasoning mind reasonably could have concluded the Department's findings were supported by the weight of the evidence from the entire record.
Id. In reviewing a suspension, the Court determines only whether a reasoning mind could have concluded the Department's findings were supported by the weight of the evidence from the entire record. Sonsthagen v. Sprynczynatyk, 2003 ND 90, 7, 663 N.W.2d 161.
[ ] Lee argues the administrative hearing officer should not have received the Intoxilyzer test results when documentation of the approved method for administering an Intoxilyzer test was not properly submitted into evidence. The documentation entered into evidence was for the approved method of administering a blood test, rather than the approved method for an Intoxilyzer test. N.D.C.C. § 39-20-07 governs the interpretation of chemical te
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