Baesler v. North Dakota Department of Transportation
812 N.W.2d 434
| N.D. | 2012Background
- Baesler appeals a district court judgment affirming a DOT license-suspension order for 180 days.
- The Department did not transmit the administrative record to the district court; no evidentiary basis existed for suspension.
- The hearing officer suspended after Baesler and counsel failed to attend; scheduling discretion is broad.
- ND statutes require the Department to certify and transmit a complete record for judicial review; missing record undermines jurisdiction.
- Court reverses; remand is inappropriate where no record supports the Department’s jurisdiction under ch. 39-20 and related provisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Department have authority to suspend Baesler’s license given the missing record? | Baesler | Department | No; lack of transmitted record bars jurisdiction. |
| Was the hearing officer’s scheduling and Baesler’s non-attendance a due-process issue warranting reversal or remand? | Baesler | Department | The officer acted within discretion; no due-process violation sufficient for reversal. |
| Should the case be remanded for a proper record, or reversed due to missing record? | Baesler | Remand possible if record incomplete | Remand not appropriate; reversal of judgment necessary. |
Key Cases Cited
- Schaaf v. North Dakota Dep’t of Transp., 2009 ND 145 (ND 2009) (mandatory statutory provisions to suspend driving privileges; authority scope)
- Berger v. North Dakota Dep’t of Transp., 2011 ND 55 (ND 2011) (great deference to agency decisions; statutory review framework)
- Masset v. Director, North Dakota Dep’t of Transp., 2010 ND 211 (ND 2010) (remand for missing transcript; missing parts of record)
- May v. Sprynczynatyk, 2005 ND 76 (ND 2005) (agency scheduling/discretion; hearing conduct)
- Sayler v. North Dakota Dep’t of Transp., 2007 ND 165 (ND 2007) (timeliness of transcript; remedy for filing issues)