The Department has appealed. When an order of the Department is appealed to the district court and then to this court, we review the Department's decision, not that of the district court. Bashus v. North Dakota Department of Human Services, 519 N.W.2d 296, 297 (N.D. 1994); Hakanson v. North Dakota Department of Human Services, 479 N.W.2d 809, 811 (N.D. 1992). Our review is limited to the record compiled before the Department. Bashus, supra, 519 N.W.2d at 297; Hakanson, supra, 479 N.W.2d at 811. Under Sections 28-32-21 and 28-32-19, we consider whether the Department's findings of fact are supported by a preponderance of the evidence, whether its conclusions of law are supported by the findings of fact, whether its decision is supported by the conclusions of law, and whether its decision is in accordance with the law.

[¶ 7] In Americana Healthcare Ctr. v. North Dakota Dept. of Human Serv., 540 N.W.2d 151, 153 (N.D. 1995), we explained: When an order of the Department is appealed to the district court and then to this [C]ourt, we review the Department's decision, not that of the district court. Bashus v. North Dakota Department of Human Services, 519 N.W.2d 296, 297 (N.D. 1994); Hakanson v. North Dakota Department of Human Services, 479 N.W.2d 809, 811 (N.D. 1992). Our review is limited to the record compiled before the Department. Bashus, supra, 519 N.W.2d at 297; Hakanson, supra, 479 N.W.2d at 811. Under Sections 28-32-21 and 28-32-19, we consider whether the Department's findings of fact are supported by a preponderance of the evidence, whether its conclusions of law are supported by the findings of fact, whether its decision is supported by the conclusions of law, and whether its decision is in accordance with the law.

In an appeal from a district court judgment entered on an appeal from an administrative agency decision, we review the agency decision, and not that of the district court, limiting our review to the record before the agency, without considering the district court's findings. Hakanson v. Department of Human Services, 479 N.W.2d 809 (N.D. 1992). Under §§ 28-32-19 and 28-32-21, N.D.C.C., we affirm an agency's fact-based decision if its findings of fact are supported by a preponderance of the evidence, its conclusions of law are supported by its findings of fact, its decision is supported by its conclusions of law, and its decision is in accordance with the law. Ollie v. North Dakota Dep't of Human Services, 520 N.W.2d 233 (N.D. 1994); Griffin v. North Dakota Workers Compensation Bureau, 466 N.W.2d 148 (N.D. 1991).

Alternatively, Emma asserts, even if applying the certificates of deposit to Norman's debt on October 6, 1992, is a "transfer", she presented sufficient evidence to rebut the presumption that the transfer was made for purposes of rendering herself eligible for medicaid. Chapter 28-32, NDCC, governs our review of administrative agency decisions. Under this chapter, although the analysis of the district court is entitled to respect, our review concerns the findings and decision of the agency and not those of the district court. S.N.S. v. Dept. of Human Services, 499 N.W.2d 891 (N.D. 1993); Hakanson v. Dept. of Human Services, 479 N.W.2d 809 (N.D. 1992); Haugland v. Spaeth, 476 N.W.2d 692 (N.D. 1991). In this instance, we review the decision of the Executive Director of the Department, since it is from that decision that Emma appealed to the district court. Hakanson, supra; Speedway, Inc. v. Job Service, 454 N.W.2d 526 (N.D. 1990).

The Board may not adopt or use for regulatory purposes a version of the ethical standards, unless the Board complies with N.D.C.C. ch. 28-32 in specifically adopting that version. See Little v. Spaeth, 394 N.W.2d 700, 703 (N.D. 1986); Hakanson v. Dept. of Human Services, 479 N.W.2d 809, 813 n. 7 (N.D. 1992). VANDE WALLE, C.J., concurs.

In light of the parties' apparent agreement that the statute does not apply on this record, we need not further address this issue. When a decision of an administrative agency is appealed to the district court and thereafter to this court, we review the decision of the agency and not that of the district court. Mullins v. North Dakota Department of Human Services, 483 N.W.2d 160, 166 (N.D. 1992); Hakanson v. North Dakota Department of Human Services, 479 N.W.2d 809, 811 (N.D. 1992). Our review is governed by Section 28-32-19, N.D.C.C., and the relevant issue in this case is whether the Department's order is in accordance with the law. We recently summarized the AFDC program in S.N.S. v. North Dakota Department of Human Services, 474 N.W.2d 717, 719 (N.D. 1991):