Hearings - Proceedings

1. Except as more specifically provided in North Dakota Century Code section 38-12-04, the rules of procedure established in subsection 1 of North Dakota Century Code section 28-32-21 apply to proceedings involving a complaint and a specific-named respondent. 2. For proceedings that do not involve a complaint and a specific-named respondent, the commission shall give at least fifteen days' notice, except in an emergency, of the time and place of hearing by one publication of notice in a newspaper of general circulation in Bismarck, North Dakota, and in a newspaper of general circulation in the county where the land or some part affected is situated, unless in some particular proceeding a longer period of time or a different method of publication is required by law, it shall prevail. The notice shall issue in the name of the commission and shall conform to the other requirements provided by law. 3. If an emergency is found by the commission to exist, which in its judgment requires the making of a rule or order without first having a hearing, the emergency rule or order shall have the same validity as if a hearing with respect to the same had been held after notice. The emergency rule or order permitted by this section shall remain in force no longer than fifteen days from its effective date, and in any event, it shall expire when the rule or order made after due notice and hearing with respect to the subject matter of the emergency rule or order becomes effective. 4. A person moving for a continuance of a hearing, and who is granted a continuance, shall submit a twenty-five dollar fee to the commission, or if the cost of republication exceeds fifty dollars, the commission may bill the applicant to pay the cost of republication of notice of the hearing.