McEVERS, Justice.
[¶ 1] Joseph Daniel Potratz appeals the district court's judgment affirming the administrative hearing officer's decision suspending his driving privileges. We affirm the district court judgment.
[¶ 2] On February 17, 2013, Burleigh County Deputy Sheriff Danny Lemieux arrested Potratz for driving under the influence ("DUI") and, subsequently, issued a certified written report, the Report and Notice form, to suspend Potratz's driving privileges. Potratz requested and received an administrative hearing, which occurred on March 15, 2013.
[¶ 3] At the administrative hearing, the deputy testified to the following events. At approximately 1:17 a.m., on February 17, 2013, while patrolling northbound on Highway 83, the deputy followed a black Dodge Ram pickup truck after observing it straddling the left fog line. The deputy later stopped the vehicle on a two lane road after observing it cross into the opposing traffic lane. The deputy observed the driver, later identified as Potratz, had bloodshot, glossy, watery eyes; an odor of an alcoholic beverage on his breath; and admitted drinking. The deputy conducted field tests on Potratz. Potratz passed the one leg stand test but did not pass the horizontal gaze nystagmus test, or the walk and turn test. The Alco-Sensor FST on-site screening test indicated a "0.101 percent breath alcohol content." The deputy testified that he arrested Potratz for DUI and Potratz consented to an Intoxilyzer test, which revealed an alcohol concentration of .094 at 2:00 a.m.
[¶ 4] At the administrative hearing, the Report and Notice form, the Intoxilyzer Test Record and Checklist, and the Drivers License Division Central Record for Potratz were received into evidence. The
[¶ 5] The administrative hearing officer concluded the deputy had reasonable grounds to believe Potratz had been driving under the influence and Potratz was properly tested after his arrest to determine his alcohol concentration within two hours of driving. On March 20, 2013, Potratz appealed the hearing officer's decision. The district court affirmed the hearing officer's decision. On October 16, 2013, Potratz appealed.
[¶ 6] On appeal, Potratz argues (1) the director lacked authority to suspend his driving privileges because the Report and Notice form failed to state the date the breath specimen was obtained and, therefore, violated N.D.C.C. ch. 39-20; (2) the director lacked authority to suspend Potratz's driving privileges because the Report and Notice form failed to state a test result of an alcohol concentration of at least eight one-hundredths of one percent by weight and, therefore, violated N.D.C.C. ch. 39-20; and (3) a preponderance of the evidence does not support that the Intoxilyzer machine was working properly because of the differing weights listed for Potratz in the Intoxilyzer Test Record and Checklist and the Drivers License Division Central Record.
[¶ 7] The Administrative Agency Practice Act governs this Court's review of an administrative decision to suspend a driver's license. N.D.C.C. ch. 28-32; Pesanti v. N.D. Dep't of Transp., 2013 ND 210, ¶ 7, 839 N.W.2d 851. This Court reviews the administrative agency's decision when a district court's review of an administrative agency's decision is appealed. Steinmeyer v. N.D. Dep't of Transp., 2009 ND 126, ¶ 8, 768 N.W.2d 491.
Pesanti, at ¶ 7 (citations omitted). "This Court reviews questions of law de novo and gives deference to the Department's sound findings of fact." Steinmeyer, at ¶ 8. This Court reviews an administrative hearing officer's evidentiary rulings under the abuse of discretion standard. Knudson v. Dir., N.D. Dep't of Transp., 530 N.W.2d 313, 317 (N.D.1995). This Court must affirm an administrative hearing officer's decision unless:
N.D.C.C. § 28-32-46.
[¶ 8] More specifically, Potratz argues (1) the director lacked authority to suspend his driving privileges because the Report and Notice form failed to include the date the breath specimen in the portion of the form indicating the time the test was obtained and, therefore, violated N.D.C.C. ch. 39-20; (2) the director lacked authority to suspend Potratz's driving privileges because the Report and Notice form failed to state a test result of an alcohol concentration of at least eight one-hundredths of one percent by weight because a percentage symbol and "BRAC" were included following the numerical test result of ".094" and, therefore, violated N.D.C.C. ch. 39-20; and (3) a preponderance of the evidence does not support that the Intoxilyzer machine was working properly because of the differing weights listed for Potratz in the Intoxilyzer Test Record and Checklist and the Drivers License Division Central Record.
[¶ 9] "The Department's authority to suspend a person's license is given by statute and is dependent upon the terms of the statute." Aamodt v. N.D. Dep't of Transp., 2004 ND 134, ¶ 15, 682 N.W.2d 308. "The Department must meet the basic and mandatory provisions of the statute to have authority to suspend a person's driving privileges." Id. (citing Schwind v. Dir., N.D. Dep't of Transp., 462 N.W.2d 147, 150 (N.D.1990)). "While the jurisdiction of an administrative agency is dependent upon the terms of a statute, these terms must be construed logically so as not to produce an absurd result." Schwind, at 150. "This Court has previously discussed whether certain provisions of N.D.C.C. § 39-20-03.1 are basic and mandatory provisions that require compliance before the Department is authorized to suspend a person's driving privileges." Wampler v. N.D. Dep't of Transp., 2014 ND 24, ¶ 7.
[¶ 10] Under N.D.C.C. § 39-20-03.1, if a person's blood, breath, or urine test results show an alcohol concentration of eight one-hundredths of one percent by weight or more, the law enforcement officer must forward a certified written report to the director. This report must show:
N.D.C.C. § 39-20-03.1(4). "A properly completed report meeting the basic and mandatory provisions of the statute, along with the other matters required by the statute, is intended to give the Department the authority to suspend a driver's license and to provide a driver the means to know what the officer was relying on." Wampler, 2014 ND 24, ¶ 8. In Jorgensen v. N.D. Dep't of Transp., 2005 ND 80, ¶ 13, 695 N.W.2d 212 (citations omitted), this Court reasoned:
[¶ 11] Potratz argues that N.D.C.C. § 39-20-04.1(1) makes the testing within two hours a basic and mandatory provision of N.D.C.C. ch. 39-20. An administrative sanction for driving while having an alcohol concentration of at least eight one-hundredths of one percent by weight is appropriate if the test is performed within two hours after driving. N.D.C.C. § 39-20-04.1(1). Potratz's argument is based on this Court's decisions in Jorgensen and Aamodt. In Jorgensen, this Court concluded that a Report and Notice form must include the test results. 2005 ND 80, 695 N.W.2d 212. In Aamodt, this Court concluded that a Report and Notice form must show the officer's reasonable grounds for believing the person was in actual physical control of a motor vehicle while under the influence of alcohol. 2004 ND 134, 682 N.W.2d 308.
[¶ 12] The Report and Notice form shows Potratz was driving at approximately 1:17 a.m., on February 17, 2013. It also shows, in a test results portion further down the form, that Potratz's breath specimen was obtained at 2:00 a.m. Below the portion of the form indicating the time the breath test was taken, the deputy certified that a temporary operators permit was issued on February 17, 2013. A third listing of the date within the short form would not make the Notice and Report form more clear. The Report and Notice form makes it clear what date the breath specimen was obtained and Potratz is not left guessing whether the breath specimen was obtained within two hours of his driving.
[¶ 13] Potratz argues that use of "alcohol concentration of at least eight one-hundredths of one percent by weight" is a basic and mandatory provision of N.D.C.C. ch. 39-20 because it is included in N.D.C.C. §§ 39-20-03.1(4), 39-08-01, 39-20-04.1(1), and 39-20-05. Potratz, again, relies on this Court's decisions in Jorgensen and Aamodt that including the
[¶ 14] Potratz claims that adding a "%" after the test result on the Notice and Report form would lead him to believe he had an alcohol concentration of .00094, which is under .08. This Court has used language referring to an alcohol concentration level as ".09 percent." Aamodt, 2004 ND 134, ¶ 3, 682 N.W.2d 308; see also Clausnitzer v. Tesoro Refining and Marketing Co., 2012 ND 172, ¶ 3, 820 N.W.2d 665; Schlosser v. N.D. Dep't of Transp., 2009 ND 173, ¶ 4, 775 N.W.2d 695; Martin v. N.D. Dep't of Transp., 2009 ND 181, ¶ 3, 773 N.W.2d 190. The Department argues the term ".09 percent" is the same as ".09%." We agree that using this shorthand method of the "%" noted after the test result does not result in Potratz being uninformed about what the officer relied on. The Notice and Report form is sufficiently clear to put Potratz and the Department on notice that the test result was of an alcohol concentration of at least eight one-hundredths of one percent. The Intoxilyzer Test Record and Checklist also sufficiently indicates the test result was of an alcohol concentration of at least eight one-hundredths of one percent. It would be absurd for a person to be charged with DUI if the test result evidenced an alcohol concentration of .0009 of one percent.
[¶ 15] Potratz claims that adding "BRAC" after the test result does not convey to him that the test result is by alcohol concentration. Potratz relies on State v. Meyer, 494 N.W.2d 364 (N.D. 1992), a case in which this Court recognized the distinction between an alcohol concentration and a blood-alcohol concentration. In Meyer, this Court explained the district court recognized the distinction when "expert testimony was needed to verify that alcohol concentration measured by the Intoxilyzer corresponds to blood-alcohol concentration" because it only measures alcohol concentration by breath and the legislature "failed to amend chapter 39-08 when chapter 39-20 was amended to make the terms consistent." Id. at 365. This Court concluded "the judgment of acquittal was based upon a lack of evidence as to a factual element of that crime" and could not be appealed. Id. at 366. The "BRAC" notation after the test result does not result in Potratz being uninformed about what the officer relied on. The Notice and Report form is clear that the specimen provided was a breath specimen.
[¶ 16] Potratz claim that failure to include "by weight" after the test result is an error that is not cured by the Intoxilyzer Test Record and Checklist. This Court recently determined that N.D.C.C. § 39-20-03.1
[¶ 17] Potratz's Intoxilyzer test results indicated he had an alcohol concentration of 0.094 AC at 2:00 a.m., on February 17, 2013. The Report and Notice form includes a reference to N.D.C.C. ch. 39-20, which provides a reference to the requirements of the chapter. The deputy noted on the Report and Notice form that Potratz submitted to a breath test. In the test result blank of the Report and Notice form, the deputy wrote ".094% BRAC." These notations quickly, conveniently, and certainly informed Potratz what the officer had relied on and allowed him to make the decision whether to request a hearing. See id.
[¶ 18] Potratz argues a preponderance of the evidence does not support that the Intoxilyzer machine was working properly because of the different weights listed for him in the Intoxilyzer Test Record and Checklist and the Drivers License Division Central Record. The Intoxilyzer Test Record and Checklist lists Potratz's weight as 180 pounds while the Drivers License Division Central Record lists his weight as 170 pounds, which Potratz claims proves the Intoxilyzer was not working properly and cannot be used to support the administrative hearing officer's decision. Potratz frames the argument as "lack of evidence," but it is essentially questioning the admissibility of the Intoxilyzer Test Record and Checklist. Potratz's reliance on Ringsaker v. Dir., N.D. Dep't of Transp., 1999 ND 127, 596 N.W.2d 328, is misplaced.
[¶ 19] In Ringsaker, the Intoxilyzer test record failed to print a numeric date, but printed the date as "22/*0/17." Id. at ¶ 3. At the administrative hearing, the Department failed to provide expert evidence showing the inaccurate date could not have affected the accuracy of the test result. Id. at ¶ 13. This Court held that, "[a]lthough the date is not the essential result of the test, when the date fails to print accurately, it raises questions regarding the trustworthiness of the entire test result." Id. at ¶ 10. Here, the Intoxilyzer Test Record and Checklist did not fail to print a numeric weight.
[¶ 20] "Fair administration of an Intoxilyzer test may be established by proof that the method approved by the State Toxicologist for conducting the test has been scrupulously followed. However, `scrupulous' compliance does not mean `hypertechnical' compliance." Buchholtz v. Dir., N.D. Dep't of Transp., 2008 ND 53, ¶ 10, 746 N.W.2d 181. The legislature has provided for the ease of admitting records into evidence at administrative hearings by providing that certified copies of analytical reports may be admitted as prima facie evidence of their contents. N.D.C.C. §§ 39-20-05; 39-20-07(5). Once the Intoxilyzer Test Record and Checklist was admitted, the burden shifted to Potratz to present evidence that the deputy had not fairly administered the test. See Thorsrud v. Dir., N.D. Dep't of Transp., 2012 ND 136, ¶ 10, 819 N.W.2d 483 ("[A] driver may rebut the Department's documentary foundation of fair administration by establishing either a deviation from approved procedures or a lack of fair administration despite compliance with approved procedures."); Berger v. State Highway Comm'r, 394 N.W.2d 678, 688 (N.D.1986) ("[T]o discredit the prima facie fairness and accuracy of a test, it [is] the driver's responsibility to produce evidence that the test was not fairly or adequately administered.... A driver must do more than raise the mere possibility of error.").
[¶ 21] The administrative hearing officer admitted Potratz's Intoxilyzer Test
[¶ 22] We conclude the administrative hearing officer's findings are supported by the weight of the evidence on the entire record, the conclusions are supported by the findings, and the order is in accordance with the law. Therefore, we affirm the district court judgment affirming the administrative hearing officer's decision to suspend Potratz's driving privileges.
[¶ 23] GERALD W. VANDE WALLE, C.J., DANIEL J. CROTHERS, DALE V. SANDSTROM, and CAROL RONNING KAPSNER, JJ., concur.