Dowhaniuk v. Moore Civil No. 940039

Per Curiam.

Lisa Dowhaniuk appeals from a district court judgment affirming an administrative suspension of her driver's license. Dowhaniuk challenges both the hearing officer's conclusion that the arresting officer was within his jurisdiction and the hearing officer's conduct during the administrative hearing. As to the former, we affirm under NDRAppP 35.1(a)(5); as to the latter, we affirm under NDRAppP 35.1(a)(7). See, e.g.., Dittus v. North Dakota Dep't of Transp., 502 N.W.2d 100, 103 (N.D. 1993) [holding that "the mere combination of adjudicative and prosecutorial functions in the Department's hearing officer does not, without more, violate a driver's due process rights"].

Affirmed.

Gerald W. VandeWalle, C.J.
Beryl J. Levine
Herbert L. Meschke
Dale V. Sandstrom
William A. Neumann