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Administrative Review Hearing in North Dakota

Before issuing an order of suspension, revocation, or denial, the person has an opportunity for a hearing if he/she requests a hearing within 10 days of issuance of the temporary operator’s permit.  The hearing must be held within 30 days of issuance.  If no hearing is requested within the time limits, and no affidavit is submitted within the time limits, the expiration of the temporary permit serves as official notification of revocation, suspension or denial of driving privileges in the state.

If the issue of the hearing concerns BAC over the legal limit, the hearing must be before a hearing officer at a time and place designated by the director.  The hearing must be recorded and it may cover only the issues of whether the arresting officer had reasonable grounds to believe the person had been driving or was in actual physical control of a vehicle while having an alcohol concentration over the legal limit, whether the person was placed under arrest (unless the person was under 21 years old and the BAC was less than .08% – then arrest is not required), whether the person was tested in accordance to statute, and if applicable, whether the test results show the person had a BAC over the legal limit.  For purposes of this hearing, a certified copy of an analytical report of the testing sample establishes the alcohol concentration.  Whether the person was informed that the privilege to drive might be suspended based on the results of the test is not an issue.

If the hearing concerns license revocation for refusing to submit to a test, the scope may cover only the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a vehicle with a BAC over the legal limit, whether the person was placed under arrest, and whether that person refused to submit to the test.

If the hearing concerns license revocation for committing a moving traffic violation or involvement in a traffic accident as a driver, the scope may cover only the issues of whether the law enforcement officer had reason to believe the person committed a moving traffic violation/was involved in an accident as a driver, whether in conjunction with the violation/accident the officer through observation formulated an opinion that the person’s body contained alcohol, and whether the person refused to submit to the onsite screening test.  Whether the person was informed that the privilege to drive would be revoked or denied for refusal to submit to the test is not an issue.

At the end of the hearing, the hearing officer shall notify the person of findings/conclusions/decisions.   If the hearing officer does not find in favor of the person, the copy of the decision serves as official notification of revocation, suspension, or denial of driving privileges in the states.  If the hearing officer finds, on preponderance of the evidence, that the person refused a test or had a BAC over the legal limit, he/she shall immediately take possession of the person’s temporary permit.  If the hearing officer does not find against the person, the hearing officer shall permit an extension of driving privileges for 20 days and return the permit.

If the person who requested a hearing fails to appear without justification, the right to hearing is waived and determination will be based on evidence available.


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