Justia Government & Administrative Law Opinion Summaries

The North Dakota Department of Health and Human Services1 appealed a district court judgment reversing the Department’s order affirming the denial of Joseph Jahner’s application to enroll as a Medicaid provider. n December 2020, Jahner applied with the Department to be an enrolled provider with North Dakota Medicaid as a peer support specialist. In June 2021, the Department denied Jahner’s application. The Department stated its Medicare Provider Enrollment Screening Policy (“1915(i) Policy”) prohibited Jahner “from enrolling as a provider with ND Medicaid” because of his criminal history. Between 2002 and 2017, Jahner was convicted of 13 crimes, including negligent homicide, reckless endangerment, aggravated assault, assault, and menacing. After the hearing, the ALJ recommended reversing the Department’s decision, concluding the Department should have done a thorough review of Jahner’s criminal history to determine if any offenses had a direct bearing on the position of peer support specialist. The Department did not adopt the ALJ’s recommended decision, and affirmed its decision denying Jahner’s application. The Department concluded peer support specialists serve a vulnerable population, Jahner’s criminal offenses have a direct bearing on the position of peer support specialist, and he was not sufficiently rehabilitated. The Department’s decision prevented Jahner from becoming a Medicaid provider but did not affect his ability to work as a peer support specialist. The district court reversed the Department's decision, holding the Department’s decision was not in accordance with the law. The North Dakota Supreme Court concluded the Department’s findings of fact were supported by a preponderance of the evidence, and its conclusions of law were supported by its findings of fact. It therefore reversed the district court’s judgment and reinstated the Department’s order. View "Jahner v. NDDHS" on Justia Law

Senske Rentals, LLC, appeals a district court’s order affirming the City of Grand Forks Special Assessment Commission’s decision to specially assess property for street improvements. Senske argues the Special Assessment Commission acted in an arbitrary, capricious, and legally unreasonable manner by failing to comply with the requirements of N.D.C.C. § 40-23-07 to determine the assessment to its properties. Finding Senske has not met its burden to show the assessments were invalid or that the Commission failed to comply with the statutory requirements under N.D.C.C. § 40-23-07, the North Dakota Supreme Court affirmed the district court. View "Senske Rentals, et al. v. City of Grand Forks" on Justia Law

North Dakota Attorney General Drew Wrigley, on behalf of the State of North Dakota (“the State”), sought a supervisory writ to vacate a district court’s order granting a preliminary injunction enjoining enforcement of N.D.C.C. § 12.1-31-12. The injunction was granted in Access Indep. Health Servs., Inc., et al. v. Wrigley, et al., Burleigh Co. Court No. 2022-CV- 01608. The State argued the district court abused its discretion in granting the injunction because Access Independent Health Services, Inc., d/b/a Red River Women’s Clinic (“RRWC”) and the other plaintiffs failed to prove: (1) they had a substantial likelihood of success on the merits; (2) they would suffer irreparable injury; (3) there would be harm to other interested parties; and (4) the effect on the public interest weighed in favor of granting a preliminary injunction. The North Dakota Supreme Court found that while the regulation of abortion was within the authority of the legislature under the North Dakota Constitution, RRWC demonstrated likely success on the merits that there was a fundamental right to an abortion in the limited instances of life-saving and health-preserving circumstances, and the statute was not narrowly tailored to satisfy strict scrutiny. The Court granted the requested review, denied the relief requested in the petition, and left in place the order granting a preliminary injunction. View "Wrigley v. Romanick, et al." on Justia Law

Brian Sternberg appealed a district court order civilly committing him as a sexually dangerous individual. In 1992, Sternberg was convicted of corruption of a minor. He was incarcerated in late 1993 and remained on probation until January 1994. In 2000, the State charged Sternberg with committing three or more sexual acts with a child who was then his stepdaughter and under the age of fifteen. Sternberg was charged with one class A felony and five class C felonies. He also has convictions involving deceitful behavior, including financial fraud and bad checks. The court sentenced him to incarceration from October 2000 to February 2021. Peter Byrne, Ph.D., a licensed psychologist who conducted Sternberg’s evaluation, testified that there was no record of Sternberg’s having undergone treatment to deal with his “sexual interest or arousal to children” and reported that at the end of treatment it was recommended Sternberg continue sexual offender specific treatment. Sternberg has both pedophilic and antisocial personality disorders, which predisposed him to intense sexual fantasies and urges and to disregard “the rights and wishes of others.” The district court held a commitment hearing and granted the State’s petition for civil commitment. The court reported that its biggest concern with releasing Sternberg is that he has been living in a supervised environment while incarcerated and “[i]mmediate release into the community without support or supervision would ‘very likely result in a serious difficulty controlling his behaviors.’” On appeal, Sternberg argues the district court erred in finding the State had met its burden in proving that he is likely to engage in further acts of sexually predatory conduct and that he has serious difficulty in controlling behavior. The North Dakota Supreme Court determined the trial court record did not support a finding by clear and convincing evidence that Sternberg presently had a serious difficulty controlling behavior. Judgment was reversed and the matter remanded for further proceedings. View "Interest of Sternberg" on Justia Law

Olympic Financial Group, Inc., (“Olympic Financial”) and Abdulaziz Sugule appealed a judgment dismissing their declaratory judgment action without prejudice after the district court granted the Department of Financial Institutions’ (“Department”) motion to dismiss. The North Dakota Supreme Court concluded the district court lacked subject matter jurisdiction because Appellants failed to exhaust administrative remedies. Because the Supreme Court further concluded the judgment dismissing the declaratory relief action without prejudice was not appealable, the Court dismissed the appeal. View "Olympic Financial Group, et al. v. ND Dept. of Financial Institutions" on Justia Law

Jesse Keidel appealed a district court judgment affirming an administrative law judge’s (ALJ) decision denying Keidel permanent partial impairment (PPI) benefits. In May 1996, Keidel suffered a work-related injury to the meniscus of his left knee. Keidel had surgery in December 1996. In October 1997, Keidel underwent a second surgery to his left knee, a high tibial osteotomy. The doctor performing an independent medical evaluation in May 1998 opined that Keidel’s left knee condition was a “combination of his significant preexisting left knee degenerative joint disease and the work-related permanent aggravation.” Following a permanent impairment evaluation, WSI denied Keidel a PPI award because Keidel’s 15% whole body impairment was below the statutory 16% threshold for an impairment award. In January 2019, Keidel had left total knee replacement surgery. In June 2020, Keidel underwent a second permanent impairment evaluation. The evaluating doctor, Dr. Redington, determined Keidel had a 24% whole person impairment for the left total knee replacement. "Giving [Keidel] the benefit of the doubt, I will apportion 50% of the impairment rating of the left knee to pre-existing conditions." In November 2020, WSI denied an impairment award for Keidel’s left knee because his overall impairment rating after apportionment after the second evaluation was 12%, which was below the 14% threshold for an impairment award under then current version of N.D.C.C. § 65-05-12.2. At a hearing, Keidel argued the apportionment of his left knee impairment due to preexisting arthritis was litigated and decided in a 2000 hearing. Keidel argued administrative res judicata prohibited WSI from litigating whether his permanent impairment could be apportioned to a preexisting condition. The ALJ and district court concluded administrative res judicata did not apply. Finding no error in that judgment, the North Dakota Supreme Court affirmed. View "Keidel v. WSI, et al." on Justia Law

Mark Rath appealed district court orders granting the State’s request for an extension of time to file pleadings, granting two protective orders to Heather Zins, denying two applications to file motions subject to a then existing but subsequently vacated pre-filing order, and a final judgment denying his motion to amend a child support judgment. Rath also argued the North Dakota Child Support Guidelines were unconstitutional. Rath and Zins shared one minor child, A.J.O., born in 2004. The North Dakota Department of Human Services’ Child Support Enforcement Division (“the State”) commenced support proceedings against Rath in 2005 and a judgment ordering child support payments was entered. The judgment was amended in 2008 to establish a parenting plan for A.J.O. Zins was awarded primary residential responsibility while Rath received scheduled parenting time. The judgment was modified three different times—in 2009, 2013, and 2016—with the last judgment requiring Rath to pay $366.00 per month. The district court issued an order detailing the applicable provisions of the North Dakota Child Support Guidelines, applying them to the evidence presented at the hearing, and addressing Rath’s constitutional claims. The court denied Rath’s motion to modify his child support judgment. The North Dakota Supreme Court affirmed the district court’s orders granting the State an extension, protection orders on behalf of Zins, and the final judgment denying Rath’s motion to amend his child support obligation. The Court reversed the district court’s orders denying Rath’s applications to file pleadings pursuant to a vacated pre-filing order and remanded to allow for further proceedings. View "Burleigh Cty. Social Service Bd. v. Rath" on Justia Law

N.L., Sr. appeals from the juvenile court’s order terminating his parental rights. A.H. and N.L., Sr. were the biological mother and father of N.L., Jr., born in 2015 and J.L., born in 2018. In August 2020, N.L. and J.L. were removed from their home after law enforcement performed a welfare check. N.L., Sr. argues the court lacked subject matter jurisdiction to terminate his parental rights, the Grand Forks County Human Service Zone (GFCHSZ) lacked standing, and the court erred in finding GFCHSZ met the requirements for termination of parental rights under the federal Indian Child Welfare Act (ICWA) and N.D.C.C. § 27-20.3-19. Finding no reversible error, the North Dakota Supreme Court affirmed the termination. View "Interest of N.L." on Justia Law

Otter Tail Power Company provided electric service to the City of Drayton, North Dakota under a franchise agreement. In August 2019, Drayton annexed to the city property known as McFarland’s Addition. In November 2019, an entity purchased a portion of McFarland’s Addition with the intention of building a truck stop. In April 2020, Drayton passed a resolution requiring Otter Tail to provide electric service to McFarland’s Addition. Nodak Electric Coop provided service to rural customers outside of Drayton, and did not provide services to customers in McFarland’s Addition. Nodak did not have a franchise from Drayton to provide electric service in the city. Nodak filed suit against Otter Tail, requesting the Public Service Commission to prohibit Otter Tail from extending electric service to McFarland’s Addition. Nodak alleged Otter Tail’s service would interfere with Nodak’s existing service and be an unreasonable duplication of services. In response, Otter Tail claimed the PSC lacked jurisdiction over Drayton’s decision on which provider could extend service within the city. The North Dakota Supreme Court determined the PSC lacked jurisdiction to rule on Nodak’s complaint, and reversed and vacated the PSC’s order: Otter Tail’s motion to dismiss should have been granted. View "Nodak Electric Coop. v. N.D. Public Svc. Commission, et al." on Justia Law

Cliff Provins appealed a district court judgment affirming an administrative law judge’s (“ALJ”) decision that affirmed a Workforce Safety and Insurance (“WSI”) order denying liability for his post-traumatic stress disorder (“PTSD”) and ending disability benefits in November 2019. After review, the North Dakota Supreme Court concluded the ALJ did not err in concluding Provins’s PTSD was not compensable, and a reasoning mind could reasonably conclude his physical injuries did not cause his PTSD. View "Provins v. WSI, et al." on Justia Law