Section 13-01.1-02-02 - Formal complaints1. Complaints may be made by the board on its own motion, by the commissioner on the commissioner's own motion, or by any person. Complaints shall be made in writing setting forth any act or thing done or omitted to be done by any party under the board's jurisdiction in violation of or claimed to be in violation of any provision of law, or any order or rule of the board. 2. Form and content. Each formal complaint must show the venue, "Before the State Banking Board of North Dakota" and must contain a heading showing the name of the complainant and the name of the respondent. The complaint must advise the respondent and the board of the facts constituting the ground of the complaint, the provisions of the statutes, rules, and orders relied upon the injury complained of, and a clear, concise statement of the relief sought. 3. Verification. All formal complaints must be verified by the person filing, or by the person's legal representative. 4. Number of copies. At the time when the complainant files the original complaint, the complainant must also file ten copies more than the number of respondents named in the complaint. 5. Service. The board shall serve a copy of the complaint upon the respondent as the commissioner may direct, at least forty-five days before the hearing thereof unless the service of such complaint is waived, in writing, by the respondent, or unless the parties agree upon a definite time and place for hearing thereof with the consent of the commissioner. 6. Satisfaction of complaint. If the respondent desires to satisfy the complaint, the respondent may file with the board and complainant, within five days after the service of the complaint, a statement of the relief which the respondent is willing to give. If the offer of relief is satisfactory to the complainant, the complainant must submit a written request to withdraw the complaint within ten days after the offer was served. If a written request to withdraw is not made within the ten days, the offer is deemed denied and the respondent must answer the complaint. 7. Sufficiency of complaint. Upon the filing of a formal complaint, the commissioner shall examine same to ascertain whether or not it states a prima facie case and conforms to this article. If the commissioner finds that the complaint does not state a prima facie case or does not conform to this article or does not fall within the board's jurisdiction, the commissioner shall notify the complainant or the complainant's attorney to that effect, and the complainant shall be given an opportunity to amend within a specified time. If the complaint is not so amended within such time, or extension thereof as the commissioner may for good cause grant, it will be deemed dismissed. N.D. Admin Code 13-01.1-02-02
Effective January 1, 1980; amended effective November 1, 1994.General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05, 28-32-05.1