NDAC 43-02-03-90
Hearings - Complaint proceedings - Emergency proceedings - Other proceedings
Cite as N.D. Admin. Code § 43-02-03-90
1.
Except as more specifically provided in North Dakota Century Code section 38-08-11, 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 emergency) of the time and place
of hearing thereon by one publication of such notice in a newspaper of general circulation in
Bismarck, North Dakota, and in a newspaper of general circulation in the county where the
land affected or some part thereof 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 shall prevail. The notice shall issue in the name of
the commission and shall conform to the other requirements provided by law.
3.
In case an emergency is found to exist by the commission 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 forty
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 such emergency rule or order
becomes effective.
Any 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.