N.D. Cent. Code § 39-06.2-10.7
Judicial review
Redline — December 1, 2021 → current.View current text →
Current — March 1, 2022
As of December 1, 2021
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.
If a person refuses to submit to testing under section 39-06.2-10. 2, the law enforcement officer shall immediately take possession of the person’s driver’s license and issue to that person a temporary driver’s permit. The director, upon the receipt of that person’s driver’s license and a certified written report of the law enforcement officer in the form required by the director, forwarded by the officer within five days after issuing the temporary driver’s permit, showing that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a commercial motor vehicle while in violation of section 39-06.2-10. 1 or, had reason to believe that the person committed a moving traffic violation or was involved in a traffic accident as a driver, and in conjunction with the violation or accident the officer has, through the officer’s observations, formulated an opinion that the person’s body contains alcohol, that the person was lawfully detained, and that the person had refused to submit to the screening test under section 39-06.2-10.2, shall revoke that person’s commercial driver’s license or permit to drive and any nondomiciled commercial driver’s privilege for the appropriate period under section 39-06.2-10, or if the person is a resident without a commercial driver’s license or permit, the director shall deny to the person the issuance of a commercial driver’s license or permit for the appropriate period under section 39-06.2-10 after the date of the alleged violation, subject to the opportunity for a prerevocation hearing and postrevocation review as provided in this chapter. In the revocation of the person’s driver’s license the director shall give credit for time in which the person was without a driver’s license after the day of the person’s refusal to submit to the test except that the director may not give credit for time in which the person retained driving privileges through a temporary driver’s permit.
Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.