N.D. Admin. Code 114-03-01-06

Current through Supplement No. 394, October, 2024
Section 114-03-01-06 - Disposition
1. Investigation may result in one of the following:
a. Informal resolution and disposition by the board.
b. Formal resolution and disposition by the board:
(1) The board may use an administrative law judge to preside over the entire administrative proceeding and prepare recommended findings of fact, conclusions of law, and recommended order for board consideration; or
(2) The board may use a procedural hearing officer for the conduct of the hearing at which a majority of board members must be present at the hearing.
2. Dismissal. If the board's investigative panel determines the alleged violation is frivolous, would not constitute grounds for disciplinary action, is outside the jurisdiction of the board, or is otherwise inappropriate for board action, the complainant and the affected licensee must be notified in writing that the board will not pursue the matter, stating the grounds for the decision;
3. Referral to another agency; or
4. Other action as directed by the board.

N.D. Admin Code 114-03-01-06

Adopted by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.

General Authority: NDCC 28-32, 43-62

Law Implemented: NDCC 43-62-09, 43-62-18, 43-62-19(7), 43-62-20