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WOLFER v. NORTH DAKOTA DEPT. OF TRANSP.

No. 20090346.

780 N.W.2d 645 (2010)

2010 ND 59

Christian Robert WOLFER, Plaintiff and Appellant v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Defendant and Appellee.

Supreme Court of North Dakota.

April 6, 2010.

Attorney(s) appearing for the Case

Danny L. Herbel, Bismarck, ND, for plaintiff and appellant.

Michael T. Pitcher, Assistant Attorney General, Office of Attorney General, Bismarck, ND, for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Christian Robert Wolfer appealed from the district court's judgment affirming the Department of Transportation's suspension of his driving privileges for 365 days. We reverse because the Department did not conduct the hearing in accordance with the law when the hearing officer unilaterally decided to conduct a portion of the hearing telephonically.

I.

[¶ 2] On...

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