Burr v. North Dakota State Board of Dental Examiners

Summary

The North Dakota Supreme Court affirmed dismissal of Rebecca Burr's complaint against the North Dakota State Board of Dental Examiners. The court held that the notice-of-claim requirement did not deprive the district court of subject matter jurisdiction, but that the Board was entitled to discretionary immunity for its decision not to investigate or pursue disciplinary action against a former dentist.

Holdings

1. The notice-of-claim requirement did not deprive the district court of subject matter jurisdiction because Burr's alleged injury in this action arose from the Board's denial of her complaint without investigation in October 2019, and her January 2020 notice was served within 180 days.
2. The Board was entitled to discretionary immunity for its decision not to proceed with a disciplinary action under chapter 28-32 and therefore not to hold a hearing.
3. The Board was entitled to discretionary immunity for choosing not to investigate Burr's complaint against a person who was no longer a licensed dentist, and the cited statutes did not impose the alleged duties to notify the former dentist, require a response, or create an administrative record in these circumstances.

Questions Presented

1. Whether the district court lacked subject matter jurisdiction because Burr failed to serve the Office of Management and Budget with notice of her claim within 180 days of discovering or reasonably discovering the alleged injury.
2. Whether the Board's decision not to proceed with disciplinary action or hold a hearing was protected by discretionary-function immunity.
3. Whether the Board had a statutory duty to investigate a complaint against a former dentist, notify that person, require a response, and create an administrative record.

Disposition

affirmed