North Dakota Administrative Code

Repealed effective February 1, 1991. 1

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991. 2

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991.

Repealed effective February 1, 1991. 3

applying a commodity oriented surcharge or canceling the application of a joint rate. Repealed effective February 1, 1991. 4

This article applies to any person conducting surface coal mining operations; and to all surface coal mining operations conducted after August 1, 1980, on lands from which the coal had not yet been removed and to any other lands subject to North Dakota Century Code chapter 38-14.…

The definitions in North Dakota Century Code section 38-14.1-02 apply to this article and the following terms have the specified meaning except where otherwise indicated: 1. "Adjacent area" means land located outside the affected area or permit area, depending on the context in w…

1. The commission may propose new rules under this article or propose amendments or repealers of any rule under this article and will hold a public hearing in accordance with the procedures of this section. 2. Any person or governmental agency may petition the commission to adopt…

1. A person who intends to initiate a civil action on one's own behalf under North Dakota Century Code section 38-14.1-40 shall give notice of intent to do so. 2. Notice shall be given by certified mail to the commission. 3. Notice shall be given by certified mail to the alleged …

1. Except as otherwise provided, computation of time is based on calendar days. 2. In computing any period of prescribed time, the beginning day is not included. The last day is included unless it is a Saturday, Sunday, or legal holiday on which the commission is not open for bus…

1. Any person, including any department, agency, or instrumentality of the state, local, or federal government, may petition to intervene at any stage of a proceeding conducted under North Dakota Century Code chapter 38-14.1 or this article. 2. The petitioner shall incorporate a …

review. 1. Any person may file a petition for an award of costs and expenses, including attorneys' fees, reasonably incurred as a result of participation in any administrative proceeding under North Dakota Century Code chapter 38-14.1 or this article, which results in a final ord…

interests. The commission will: 1. Advise, assist, and guide employees required to file statements under section 69-05.2-02-02. 2. Promptly review the statement filed by an employee on prohibited financial interests. 3. Resolve prohibited financial interests by remedial action or…

Employees performing functions or duties under North Dakota Century Code chapter 38-14.1 shall: 1. Have no prohibited financial interests. 2. File a complete statement of employment and financial interest with the commission upon beginning employment and annually thereafter on th…

An employee who fails to file the required statement is subject to removal. History: Effective August 1, 1980; amended effective May 1, 1990. General Authority: NDCC 38-14.1-38 Law Implemented: NDCC 38-14.1-38

1. Employees performing functions or duties under North Dakota Century Code chapter 38-14.1 shall file annually on February first or other date provided by the commission. 2. New employees hired, appointed, or transferred to perform functions or duties under North Dakota Century …

1. Each employee required to file a statement shall report40 , on the form provided by the commission40 , all employment and financial interests of the employee, the employee's spouse, minor children, or other relatives who are full-time residents of the employee's home. 2. All o…

1. Except as provided in subsection 2, employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value from a coal company which: a. Conducts, or is seeking to conduct, operations or activities re…

1. Remedial action to effect resolutions. If an employee has a prohibited financial interest, the commission will promptly order the employee to resolve it within ninety days. 2. Remedial action may include: a. Reassignment to a position having no function or duty under North Dak…

Any employee aggrieved by a commission order to resolve prohibited financial interests may submit a request for review to the commission secretary within thirty days. The commission will act on the request within thirty days and notify the aggrieved employee of the decision in wr…

Any person conducting coal extraction as an incidental part of government-financed construction is responsible for possessing, onsite, the documentation required by section 69-05.2-03-02. History: Effective August 1, 1980; amended effective May 1, 1990. General Authority: NDCC 38…

Any person extracting coal incident to government-financed highway or other construction who extracts more than two hundred fifty tons [226.80 metric tons] shall maintain, onsite, documents which: 1. Describe the project. 2. Show the exact location of the construction, right of w…

Repealed effective March 1, 2004.

are prohibited or limited. 1. Unless the permit applicant has valid existing rights as determined under section 69-05.2-04-01.5 or qualifies for the exception for existing operations under section 69-05.2-04-01.2, surface coal mining operations must not be located: a. On any land…

where mining is prohibited. The prohibitions and limitations of North Dakota Century Code section 38-14.1-07 and section 69-05.2-04-01.1 do not apply to coal mining operations for which a valid permit existed when the land came under these protections. This exception applies only…

road or waiving the buffer zone for a public road. 1. This section does not apply to: a. Lands for which a person has valid existing rights, as determined under section 69-05.2-04-01.5. b. Lands within the scope of the exception for existing operations in section 69-05.2-04-01.2.…