Section 43-02-02.2-78 - Hearings - Complaint proceedings - Emergency proceedings - Other proceedings1. Except as more specifically provided in North Dakota Century Code section 38-08-11, the rules of procedure established in North Dakota Century Code section 28-32-21, apply to proceedings involving a complaint and a named respondent. 2. For proceedings that do not involve a complaint and a named respondent the commission shall give at least thirty days' notice (except in an emergency) of the time and place of the hearing by one publication of such notice in a newspaper of general circulation in Bismarck and in a newspaper of general circulation in the county or counties where the land affected or some part of it 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 will prevail. 3. If in its judgment the commission believes a rule or order must be issued without a hearing, the emergency rule or order has the same validity as if a hearing had been held after notice. The emergency rule or order remains in force no longer than forty days and expires earlier if withdrawn by the commission. Within ninety days of the hearing, or a reasonable time thereafter, the department will notify the applicant of the commission's decision. N.D. Admin Code 43-02-02.2-78
Effective January 1, 2009.General Authority: NDCC 38-12-02
Law Implemented: NDCC 28-32-21, 28-32-32