North Dakota Department of Transportation v. Central Personnel Division

KAPSNER, Justice.

[¶ 1] Anthony J. Schumacher appealed from a district court judgment which reversed an Administrative Law Judge’s order requiring reinstatement of Schumacher’s employment with the Department of Transportation. Because the Administrative Law Judge had no authority to order reinstatement, we affirm the district court’s judgment.

I

[¶ 2] Anthony Schumacher was employed by the Department of Transportation (“DOT”) as an equipment operator and supervisor in Edgeley, North Dakota. On December 6, 1995, Schumacher sold some DOT scrap metal and received a check from the recycling center…