NDAC 43-02-02.2-78
Hearings - Complaint proceedings - Emergency proceedings - Other proceedings
Cite as N.D. Admin. Code ยง 43-02-02.2-78
1.
Except as more specifically provided in North Dakota Century Code section 38-08-11, the
rules of procedure established in North Dakota Century Code section 28-32-21, apply to
proceedings involving a complaint and a named respondent.
2.
For proceedings that do not involve a complaint and a named respondent the commission
shall give at least thirty days' notice (except in an emergency) of the time and place of the
hearing by one publication of such notice in a newspaper of general circulation in Bismarck
and in a newspaper of general circulation in the county or counties where the land affected or
some part of it is situated, unless in some particular proceeding a longer period of time or a
different method of publication is required by law, in which event such period of time and
method of publication will prevail.
3.
If in its judgment the commission believes a rule or order must be issued without a hearing,
the emergency rule or order has the same validity as if a hearing had been held after notice.
The emergency rule or order remains in force no longer than forty days and expires earlier if
withdrawn by the commission.
Within ninety days of the hearing, or a reasonable time thereafter, the department will notify the
applicant of the commission's decision.