NDAC 43-02-02.5-23
Investigative powers
Cite as N.D. Admin. Code ยง 43-02-02.5-23
Upon receipt of a written complaint from a surface owner or lessee; royalty owner; mineral owner;
or local, state, or federal official alleging a violation of the subsurface mineral conservation statutes or a
rule, regulation, or order of the commission, the director shall reply within reasonable time in writing to
the person who submitted the complaint stating an investigation of the complaint will be made or the
reason such investigation may not be made. The person who submitted the complaint may appeal the
decision of the director to the commission. The director also may conduct investigations on the
director's own initiative or at the direction of the commission. If, after such investigation, the director
affirms cause for complaint exists, the director shall report the results of the investigation to the person
who submitted the complaint, if any, to the person who was the subject of the complaint, and to the
commission. The commission shall institute legal proceedings, in its discretion, it believes necessary to
enjoin further violations.