NDAC 75-01-03-06.2
Giving of notice
Cite as N.D. Admin. Code ยง 75-01-03-06.2
1.
Any notice required to be given by this chapter may be given by first-class mail or personal
delivery unless some provision of law specifically requires notice to be given in another
manner.
2.
Any notice required to be given by certified or registered mail may be so given without
requesting a return receipt unless some provision of law specifically requires a return receipt
to be requested.
3.
Any notice given by certified or registered mail, return receipt requested, is deemed to be
effectively given if delivered or if refused.
4.
Any notice required to be given by certified or registered mail, return receipt requested, if
returned undelivered but not refused, may be supplemented by a notice given by first-class
mail. A notice given by first-class mail, in supplementation of such a return notice, is deemed
to have been received unless it is shown, by a preponderance of the evidence, that:
a.
The mail was not properly addressed;
b.
The mail containing the notice was returned by the postal service; and
c.
The mailing of the notice cannot be shown by an affidavit.