Christianson v. Henke
Decision Date | 06 April 2020 |
Docket Number | No. 20190348,20190348 |
Citation | 941 N.W.2d 529 |
Parties | Kyle Al CHRISTIANSON, Appellant v. Ronald HENKE, Interim Director, Department of Transportation, Appellee |
Court | North Dakota Supreme Court |
Adam Justinger, Fargo, ND, for appellant.
Douglas B. Anderson, Bismarck, ND, for appellee.
[¶1] Kyle Christianson appeals from a district court’s judgment affirming the North Dakota Department of Transportation’s suspension of his driving privileges. Christianson asserts the Department’s hearing file, which was admitted at the adjudication hearing, was improperly certified as a true copy of the Department’s official records. We conclude Christianson rebutted the presumption that the individual whose signature certified the record had authority to do so. We reverse the hearing officer’s decision to admit the hearing file and vacate the Department’s suspension of Christianson’s driving privileges.
[¶2] The Department issued Christianson an order of suspension for his non-commercial driver’s license and order of disqualification for his commercial license (together referred to as suspension) based on his driving privileges being suspended in another jurisdiction. At the adjudication hearing, the Department sought to admit a hearing file indicating Christianson’s driving privileges were suspended in Canada for a violation of Canada’s laws prohibiting driving under the influence of alcohol. The hearing file was certified by Glenn Jackson, Drivers License Division Director, as a true copy of the official Department records.
[¶3] Christianson objected to admission of the hearing file arguing it was not properly certified. Christianson offered exhibits detailing an investigation into Jackson’s workplace misconduct and subsequent resignation. The exhibits were comprised of an intra-agency investigatory report and newspaper articles. After the hearing officer admitted the exhibits, Christianson requested the hearing officer take judicial notice that, as detailed in the articles, Jackson was on administrative leave on the date his signature certified the Department’s hearing file as a true and correct copy of the Department’s official records.
[¶4] The hearing officer admitted the hearing file over Christianson’s objection concluding it was properly certified as a copy of the official Department records. The hearing officer explained he was unaware of the extent of Jackson’s administrative leave and its effect on Jackson’s role with the Department. The hearing officer recommended Christianson’s driving privileges be suspended. The Department adopted the recommendation and suspended Christianson’s non-commercial driver’s license for a period of 91 days and his commercial driver’s license for a period of one year. The district court affirmed.
[¶5] Christianson argues the hearing file was inadmissible and therefore the Department’s suspension of his driving privileges was not in accordance with the law.
[¶6] The Administrative Agencies Practice Act, N.D.C.C. ch. 28-32, governs our review of the Department of Transportation’s decision to suspend or revoke a driver’s license. Haynes v. Dir., Dep't of Transp. , 2014 ND 161, ¶ 6, 851 N.W.2d 172. We review the Department’s original decision. DeForest v. N.D. Dep't of Transp. , 2018 ND 224, ¶ 5, 918 N.W.2d 43. We give great deference to the Department’s findings of fact. Id. We review the Department’s legal conclusions de novo. Id. We must affirm the Department’s decision unless:
N.D.C.C. § 28-32-46.
[¶7] The admissibility of evidence at an adjudicative proceeding generally is governed by the North Dakota Rules of Evidence. N.D.C.C. § 28-32-24 ; see also Jangula v. N.D. Dep't of Transp. , 2016 ND 116, ¶ 8, 881 N.W.2d 639. A hearing officer has "broad discretion" when making evidentiary determinations. Id. We review a hearing officer’s evidentiary determinations for an abuse of discretion. Id.
[¶8] "Before documentary evidence is admissible, it must be authenticated." Ouradnik v. Henke , 2020 ND 39, ¶ 20, 938 N.W.2d 392 (quoting Frost v. N.D. Dep't of Transp. , 487 N.W.2d 6, 8 (N.D. 1992) ). Authentication requires evidence sufficient to support a finding that the item in question is what the proponent claims it to be. N.D.R.Ev. 901(a). Certain items are self-authenticating and require no extrinsic evidence of authenticity, including "[a] signature, document, or anything else that a statute declares to be presumptively or prima facie genuine or authentic." N.D.R.Ev. 902(10).
[¶9] Section 39-06-33(2), N.D.C.C., states that, at a hearing regarding the suspension or revocation of a driver’s license, "the regularly kept records of the director may be introduced and are prima facie evidence of their content without further foundation." "It has long been the law in this state that an official record may be proved ‘by the original or by a copy, certified by the legal keeper thereof.’ " Frost , 487 N.W.2d at 9 (quoting N.D.C.C. § 31-09-10(5) ). A copy of an official record is self-authenticating when certified as correct by "the custodian or another person authorized to make the certification[.]" N.D.R.Ev. 902(4)(A). "Only the certificate as to custody and correctness by ‘the legal keeper thereof’ is required." Frost , 487 N.W.2d at 9.
[¶10] In Frost , this Court explained that custodial authority is presumed:
487 N.W.2d at 10 (quoting 5 Weinstein’s Evidence , ¶ 902(4)[01], p. 902-25 to -26).
[¶11] Christianson asserts Jackson had no authority to certify the hearing file because he was on administrative leave. He claims the hearing file was not self-authenticating due to Jackson’s invalid certification. He argues the hearing file was improperly admitted because its authenticity was not established.
[¶12] Although custodial authority generally is presumed, "evidence that the person who signed the certificate was not the legal custodian of the record (or otherwise authorized to sign) would prevent the record from being self-authenticating." 5 Jack B. Weinstein & Margaret A. Berger, Weinstein’s Federal Evidence, § 902.06[2] (2d ed. 2020). We also have explained that official acts are presumed to have been regularly completed unless evidence exists to the contrary:
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Christianson v. Dir., Dep't of Transp.
...we reversed and vacated the judgment in April of 2020 because it was based on erroneously admitted evidence. Christianson v. N.D. Dep't of Transp. , 2020 ND 76, 941 N.W.2d 529.[¶3] In August of 2019, the Department issued Christianson an order of suspension for his noncommercial driver's li......
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...to certify documents either. There’s procedure that needs to be followed. There’s nothing supporting that that was done. [¶12] In Christianson v. Henke , we explained that a record custodian’s authority is presumed: Rule 902(4) requires no additional certification to the fact of custody or ......