N.D. Cent. Code § 43-15-28.1
43-15-28.1. Temporary suspension - Appeal
43-15-28.1. Temporary suspension - Appeal
1.
If the board has verified evidence that probable cause or grounds for discipline
requires the suspension of a pharmacy permit or license of a pharmacist and if harm to
the public is so imminent and critical that substantial harm could or would likely result if
the permit or license is not suspended prior to a hearing, the board may order a
temporary suspension ex parte.
2.
An ex parte temporary suspension remains in effect for not more than sixty days,
unless otherwise terminated by the board.
3.
The board shall set the date of a full hearing on the cause and grounds for discipline
regarding the permit or license for not later than sixty days from the issuance of the ex
parte temporary suspension order. Within three days after the issuance of the ex parte
suspension order, the board shall serve the pharmacy or pharmacist with a copy of the
order along with a copy of the complaint and notice of the date set for the full hearing.
4.
The pharmacy or pharmacist may appeal the ex parte temporary suspension order
prior to the full hearing. For purposes of appeal, the district court shall decide whether
probable cause or grounds for discipline reasonably requires the temporary
suspension to adequately protect the public interest. The court shall give priority to the
appeal for prompt disposition.