See Disciplinary Board v. Stensland, 2011 ND 110, 799 N.W.2d 341. Stensland had previously been suspended for a period of 60 days in both May 2009 and January 2007 for other violations under the Rules of Professional Conduct and Rules for Lawyer Discipline. See Disciplinary Board v. Stensland, 2006 ND 251, ¶ 12, 725 N.W.2d 191; see also Disciplinary Board v. Stensland, 2009 ND 77, ¶ 21, 764 N.W.2d 438. [¶ 3] In August 2012, Stensland filed a petition for reinstatement.
Rather, the language of Admission to Practice R. 3(A) refers to "actions filed in . . . administrative agencies;" "an action . . . before an administrative agency;" and "the hearing officer of the administrative agency matter." See Disciplinary Bd. v. Stensland, 2009 ND 77, ¶¶ 11-12, 764 N.W.2d 438 (pending matter in disciplinary rules construed to apply to lawyers with litigation and non-litigation practices; pending matter includes before case filed and service of process achieved). [¶ 33] Although GMR claims a hearing officer from the office of administrative hearings was not designated in this WSI proceeding until April 2007, N.D.C.C. § 28-32-01(5) defines a "hearing officer" to include any agency head when presiding in an administrative proceeding, or any other person duly assigned, appointed, or designated to preside in an administrative proceeding.
The hearing panel noted Stensland's lengthy disciplinary history includes two prior consent probations, an admonition, and two prior suspensions by this Court, one involving similar misconduct. See In re Stensland, 2009 ND 77, 764 N.W.2d 438 (60-day suspension for failure to properly provide notice of prior suspension and falsely affirming to this Court that he had provided notice); In re Stensland, 2006 ND 251, 725 N.W.2d 191 (60-day suspension for fraudulently signing or having another person at his direction sign a client's name on a document and filing it with the court). Stensland's course of conduct, including at least two instances of fraudulently affixing a client's name to a document and filing it with a court, failure to properly notify clients of a prior suspension, falsely certifying to this Court compliance with the notification requirements, repeated and flagrant failure to communicate with clients, and mishandling and refusing to return unearned client funds, all suggest a pattern of dishonesty to the courts and flagrant disregard of his clients' welfare.