North Dakota Administrative Code

As used in this article, the following words shall have the meaning given to them below, unless otherwise made inappropriate by context: 1. "Certification" means a private applicator's certification granted under the provisions of North Dakota Century Code section 4.1-33-12. 2. "…

Each matter coming formally before the commissioner for hearing will be known as a case and shall be given a docket number and title, descriptive of the subject matter. Such number and title shall be used on all papers in the case, and as far as possible, any communication to the…

Participants may appear in any proceeding in person or by an attorney or other representative qualified under subsection 3 of section 60-02-01-07. An individual may appear in the individual's own behalf, a member of a partnership may represent the partnership, a bona fide officer…

1. Person in own interest. Any person may appear before the commissioner in the person's own right if the person has a bona fide interest in the subject matter of the proceeding. 2 2. Attorneys. Attorneys at law who are admitted to practice before the courts of the state of North…

1. Complainant. Persons who complain of any act or omission in violation of any statute or regulation shall be styled complainants. 2. Intervenor. Persons petitioning to intervene when admitted as a participant to a proceeding shall be styled intervenors. Admission as an interven…

The commissioner may at any time, upon the commissioner's own motion, or upon the complaint of any person, institute investigations and order hearings in any thing done by any person which the commissioner may believe is in violation of the law or any regulation or order of the c…

1. In determining the day upon which an answer must be served pursuant to North Dakota Century Code section 28-32-05, the day of the hearing and the last day upon which an answer may properly be received shall not be included in computing the required three-day time 3 period. If …

For the purposes of this article, service or filing shall be deemed to have occurred upon actual receipt of the document served or filed. General Authority: NDCC 28-32-02 Law Implemented: NDCC 28-32-05

Unless any party demands otherwise at least ten days prior to the date of hearing, a written summary record or tape recording of the proceeding will be made and filed. If demanded, the commissioner shall cause a verbatim transcript to any proceedings to be made at the expense of …

Informal complaints may be made orally or in writing addressed to the commissioner. Letters of complaint to the commissioner will be considered as informal complaints. Matters thus represented will be handled by correspondence or by other informal communications, or by conference…

1. Complaints shall be made by the commissioner on the commissioner's own motion by complaint in writing, setting forth any act or thing done or omitted to be done in violation or claimed to be violation of any provision of law or of any rule, regulation, or order of the commissi…

1. The commissioner may, by order, compel any person who the commissioner believes is violating any law, regulation, or order of the commissioner subject to enforcement by this article, or any person who has been granted a license or certification, to show cause why such law, reg…

Any petitioner requesting the commissioner to review by hearing, as provided by law, any commissioner action, rule, or regulation shall file with the commissioner a petition, which may be in letter form, advising the commissioner of the facts constituting the grounds for the peti…

1. Each answer filed with the commissioner shall be designated as an "answer" and shall contain the correct title of the proceeding, a specific denial of such material allegations of the complaint as are controverted by the respondent, and a statement of any new matter which may …

1. Upon receiving a petition for hearing upon any matter, as provided by law, the commissioner shall, within thirty days of such receipt, serve upon the petitioner a response to the petition. The response may be in letter form and shall state the decision of the commissioner whet…

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

The commissioner, prior to any hearing, or the hearing officer during any hearing, may, after notice to the other parties to a proceeding, allow any pleading to be amended or corrected or any omission therein to be supplied, provided that if any such amendment, when allowed, so a…

A party desiring to withdraw a pleading filed with the commissioner may file a notice of withdrawal thereof with the commissioner. The notice shall set forth the reason for the withdrawal. A copy of the withdrawal notice must be served upon all other parties to the proceeding and…

After a complaint or petition has been served, a request may be made by motion for any procedural or interlocutory ruling or relief proper and desired. All motions not made in the course of a hearing shall be in writing and shall be served on the other parties to the hearing by t…

Informal disposition may be made of any case, or any issue therein, by stipulation, or consent order at any point therein, subject to the approval of such informal disposition, or any terms thereof, by the commissioner. General Authority: NDCC 28-32-02 Law Implemented: NDCC 28-32…

A prehearing conference may be held at any time at the discretion of the commissioner or hearing officer prior to any hearing. The prehearing conference shall be an informal proceeding conducted fairly and expeditiously by the hearing officer, for purposes of identifying and simp…

Upon conclusion of prehearing conference, the parties shall immediately reduce the results thereof to the form of a written stipulation which recites the matters agreed upon, and the stipulation shall be filed with the commissioner. Any such stipulation may be received in evidenc…

The commissioner, upon the commissioner's own motion, or upon motion by any party, may order two or more proceedings involving a similar question of law or facts to be consolidated for hearing where rights of the parties or the public interest will not be prejudiced by such proce…

1. Appointment. All hearing officers shall be appointed by the commissioner. The commissioner shall appoint a hearing officer within five days of service of a complaint or petition. Notification of the appointment shall be made to all parties in such manner as the commissioner ma…

1. Agency discovery. a. Information. Upon request of the commissioner or the hearing officer, any party to the matter shall furnish to the commissioner or the hearing officer any information which the party may have which is relevant to the matter under consideration. b. Examinat…

Interested parties shall enter their appearances at the beginning of the hearing by giving their name and address and briefly stating whether they appear in support of the complaint or in opposition thereto, or otherwise. All such appearances shall be noted on the record with a n…

Before or after any hearing, continuances may be granted by the commissioner for good and sufficient cause. A motion for such a continuance shall be made in writing, filed with the commissioner, and served on opposing counsel or parties. Such motions shall be presented as far in …

In hearings on formal complaints and petitions, the complainant or petitioner, as the case may be, shall open and close. In hearings on an order to show cause, the respondent shall open and close. When proceedings have been consolidated for hearing, the officer shall designate wh…

An appeal may be taken to the commissioner from a ruling of an officer during the course of a hearing only where extraordinary circumstances necessitate a prompt decision by the commissioner to prevent detriment to the public interest. Any offer of proof made in connection with a…

1. Before officer. When, in the opinion of the hearing officer, time permits and the nature of the proceedings, the complexity or the importance of the issues of fact or law involved, and the public interest warrant, such officer may, either on the officer's own motion, or at the…

1. Each party to any proceeding may file proposed findings of fact and conclusions of law, briefs, or memoranda of law; provided, however, that the commissioner or hearing officer may direct any party to file proposed findings of fact and conclusions of law, briefs, or memoranda …

The admissibility of evidence shall be determined generally in accordance with the practice in the district courts of this state, except to the extent that this article conflicts therewith. However the commissioner or the hearing officer may waive the usual common law or statutor…

Witnesses will be orally examined under oath before the commissioner or hearing officer. Testimony may also be taken by deposition as provided in subdivision b of subsection 2 of section 60-02-04-02. Written testimony of any witness may be received when properly supported by the …

Subpoenas for the attendance of witnesses or for the production of documentary evidence, unless directed by the commissioner upon the commissioner's own motion, will issue only upon application in writing to the commissioner, or to the hearing officer, except that during a hearin…

The parties to any proceeding before the commissioner may, by stipulation in writing, filed with the commissioner or orally entered in the record, agree upon the facts, or any portion thereof, involved in the controversy, and such stipulation may be received in evidence at a hear…

Where relevant and material matter offered in evidence by any party is embraced in a book, paper, or document containing other matter not material or relevant, the party must plainly designate the matter so offered. If the other matter is in such volume as would unnecessarily enc…

1. Exhibits must be on paper of good quality and so prepared as to be plainly legible and durable whether printed, typewritten, mimeographed, photographed, or otherwise, and if possible should be folded to a size not to exceed eight and one-half by fourteen inches (21.59 by 35.56…

The commissioner or the hearing officer may take notice of any fact or facts set forth in duly established regulations, annual reports, or any statistical data to which reference is made on the record at the hearing or any facts which are judicially noticed by the courts of this …

At any time after the conclusion of a hearing, but before entry of the final order by the commissioner, any party to a proceeding may file with the commissioner a petition to reopen the proceeding for the purpose of taking additional evidence. 1. The petition shall set forth clea…

1. A petition for rehearing of a proceeding must be filed within fifteen days after a copy of the final order has been sent to the petitioning party by the commissioner. 2. The petition shall state concisely the alleged errors in the commissioner's decision or order and the speci…

Any party to a proceeding conducted pursuant to this article or other provisions of North Dakota Century Code chapter 28-32 shall have the right of appeal, in the manner provided in North Dakota Century Code chapter 28-32, from any adverse ruling by the commissioner. Such appeal …

Repealed effective January 1, 2013.

As used in this chapter, the following words have the meaning given to them below, unless otherwise made inappropriate by use and context. Words not defined in this section have the meaning given to them in North Dakota Century Code chapter 4.1-33. 1. "Agricultural plants" means …

Repealed effective January 1, 2013.

ARTICLE 60-03 PESTICIDES Chapter 60-03-01 Pesticide, Distribution, Handling, and Use 60-03-02 Minor Use Pesticide Fund [Repealed] 60-03-03 Worker Protection Standard CHAPTER 60-03-01 PESTICIDE, DISTRIBUTION, HANDLING, AND USE Section 60-03-01-01 Scope [Repealed] 60-03-01-02 Defin…

A commercial applicator, public applicator, or dealer certificate may be issued to an individual who passes a core certification examination and who has obtained certification in one or more of the following classes: 1. Agricultural pest control - Crop. The class authorizes the u…

1. A commercial applicator, public applicator, or dealer certificate may be issued only to persons who: a. Are eighteen years of age or older; b. Complete an application on forms and in the manner required by the board or its designee; c. Demonstrate competence in the use of pest…

1. A private applicator certification shall be issued only to persons who: a. Are eighteen years of age or older; b. Complete an application on forms and in the manner required by the board or its designee; c. Demonstrate competence in the use of pesticides as described in the co…

1. An individual who seeks certification under section 60-03-01-05.1 or 60-03-01-05.2 may not, while taking a written examination, give or receive information or assistance to or from any other person, utilize the assistance of any electronic device capable of storing data, or co…

1. The board, or its designee, may refuse to issue a pesticide certification, including an applicant for reciprocal certification under North Dakota Century Code section 4.1-34-15, to an individual who has had that individual's certification suspended or revoked in the past three…