North Dakota Administrative Code

Informal complaints may be made orally or in writing addressed to the board. Letters to the board will be considered as informal complaints. Matters thus presented will be handled by any of the following methods: 1. Correspondence or other informal communications. 2. Conference w…

1. Complaints may be made by the board on its own motion, by the commissioner on the commissioner's own motion, or by any person. Complaints shall be made in writing setting forth any act or thing done or omitted to be done by any party under the board's jurisdiction in violation…

1. Content. Each answer filed with the board must contain: (a) the correct title of the proceeding; (b) the name and address of each answering party; (c) a specific denial of such material allegations of the complaint as are controverted by the respondent; and (d) a statement of …

An application is a proceeding seeking some right, privilege, or authorization which the board may give under statutory or other authority administered by it. 1. Contents. All applications shall be in writing and, under oath, shall: (a) set forth the full name and post-office add…

In any formal application proceeding, any person having substantial interest in the application may protest the application upon compliance with the provisions of this section. 1. Notice of intent to protest. Any person intending to protest an application must notify the board an…

In any formal proceeding, any person having substantial interest in the subject matter of any proceeding may petition the commissioner for leave to intervene in such proceeding and may become a party thereto upon compliance with the provisions of this section. In general such pet…

A request for an extension of time in which to perform an act required or allowed to be done at or within a specified time by any rule, regulation, or order of the board shall be by motion in writing timely filed with the board, stating the facts on which the motion rests and con…

A request for an extension of time in which to satisfy any condition subsequent to an order of the board granting an application shall be by motion in writing timely filed with the board. 1. Content of motion. The motion shall specify the particular conditions subsequent which ha…

The commissioner may, after notice to the other parties to a proceeding, allow any pleading to be amended or corrected or any omission to be supplied. If any such amendment so alters or broadens the issues, the commissioner may permit the affected party a reasonable time to reply…

Except as provided in section 13-01.1-02-08, the hearing officer is authorized to rule upon all motions unless the action on the motion involves or constitutes a final determination of the proceeding, in which case the motion shall be ruled upon by the board. The hearing officer …

1. The board or commissioner may, by order, compel any person to whom it has granted authority to show cause why the authority should not be suspended, changed, or revoked in whole or in part. The term "authority" includes a certificate, license, and permit. 2. The show cause ord…

In accordance with section 98-02-02-09 in order to provide an opportunity for a settlement of a proceeding, or any of the issues therein, there may be held at any time prior to or during hearings before the hearing officer such informal conferences of parties for the admission an…

To expedite the orderly conduct and disposition of any hearing, at such prehearing conferences as may be held, there may be considered, in addition to any offer of settlement or proposals of adjustment, the possibility of the following: 1. The simplification of issues. 2. The nec…

The board or the commissioner, with or without motion, may direct that a prehearing conference be held upon such terms as the board may provide. Due notice of the time and place of such conference will be given to all parties to the proceeding. History: Effective January 1, 1980;…

Upon conclusion of the prehearing conference, the parties shall, if applicable, provide a written stipulation which recites the matters agreed upon, and the original and ten copies thereof shall be filed with the board. Any stipulation received in evidence at a hearing is binding…

In those proceedings in which a hearing is to be held, the board shall assign a time and place for hearing, and issue notice of hearing. When the notice procedure is not specified by statute, notice must be given at least twenty days prior to the date of the hearing, except in ca…

Interested parties shall enter their appearances at the beginning of the hearing by giving their name and address and briefly state whether they appear in support of or in opposition to the complaint or application. All appearances must be noted on the record with a notation in w…

Repealed effective November 1, 1994.

Repealed effective November 1, 1994.

Repealed effective November 1, 1994.

In hearings on formal complaints, petitions, and applications, the complainant, petitioner, or applicant must open and close. In all other hearings, the hearing officer may direct who shall open and close. The hearing officer shall designate at which stage an intervenor shall be …

Repealed effective November 1, 1994.

Repealed effective November 1, 1994.

Repealed effective November 1, 1994.

Repealed effective November 1, 1994.

Before a hearing officer has been appointed, the commissioner or board may act on any motion, including a motion for continuance or consolidation. History: Effective November 1, 1994. General Authority: NDCC 6-01-04, 28-32-02 Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05 3…

Repealed effective November 1, 1994.

Repealed effective November 1, 1994.

Repealed effective November 1, 1994.

Repealed effective November 1, 1994.

The parties to any proceeding or investigation before the board may, by stipulation in writing filed with the board or orally entered in the record, agree upon the facts or any portion thereof involved in the controversy, and such stipulation shall be regarded and used as evidenc…

1. Notification required. Parties intending to present expert testimony shall notify the board and all parties to the proceeding of that intent. The notification shall indicate the nature of the expert testimony, whether or not one or more exhibits supplementing the testimony are…

Repealed effective November 1, 1994.

Ten copies of each exhibit will be furnished for the use of the board whenever practicable. Copies must also be available for all parties of record in a proceeding. History: Effective January 1, 1980; amended effective November 1, 1994. General Authority: NDCC 6-01-04, 28-32-02 L…

The board may take notice of any fact in its orders, rules, examination reports, annual reports, or any statistical data, to which reference is made in the hearing, or any facts which are judicially noticed by the courts of this state. History: Effective January 1, 1980; amended …

Except with the written permission of the commissioner, no former employee of the department, or member of the attorney general's staff assigned to the board, may appear in a representative capacity or as a witness on behalf of any party at any proceeding at any time within twelv…

Any party may serve upon any other party written interrogatories or requests for admission to be answered by the party served or, if the party served is a public or private corporation or a partnership or 2 association or governmental agency, by any officer or agent, who shall fu…

After the conclusion of a hearing, but before the board issues its final order, any party may file with the board a petition to reopen the proceeding for the purpose of taking additional evidence. 1. The petition must state the facts claimed to constitute the grounds for reopenin…

Petitions for reconsideration must be filed in accordance with North Dakota Century Code section 28-32-14. The original and ten copies of all petitions for reconsideration must be filed with the board at the time the petition is served upon the parties. Responses to petitions for…

An application for the promulgation, amendment, repeal, or adoption of any board rule must state the precise wording of the proposed rule and must state briefly the reasons for the promulgation, amendment, repeal, or adoption. The board may, at any time, propose adoption, amendme…

The board must conduct open meetings at which the public may attend but will not necessarily be permitted to participate. The agenda foreach open meeting will be made available in advance of the session. Items may be added to, or stricken from, the agenda without further notice. …

Repealed effective September 1, 1982. 1

Repealed effective September 1, 1982.

Repealed effective September 1, 1982.

Repealed effective September 1, 1982.

one hundred thousand dollars. Repealed effective September 1, 1982.

thousand dollars. Repealed effective September 1, 1982.

and one-half years or more. Repealed effective September 1, 1982.

Repealed effective September 1, 1982.

Repealed effective September 1, 1982.