N.D. Admin. Code 67-11-23-06

Current through Supplement No. 395, January, 2025

Section 67-11-23-06 - Reconsideration

If an application for a special education technician certificate of completion is denied, the applicant must be notified of the opportunity for reconsideration. Upon receipt of a written denial, the applicant may request a reconsideration of the denial. A request for reconsideration must be in writing and must be received by the superintendent of public instruction within twenty-one days of the date the denial was mailed to the applicant by the superintendent of public instruction. Untimely requests may not be considered. The request for reconsideration must discuss:

1. The fact, law, or rule the applicant believes was interpreted or applied erroneously; and

2. The applicant's arguments on how the fact, law, or rule should have been applied, giving specific reasons and a thorough analysis.

The superintendent of public instruction shall issue a final written response on the reconsideration request within twenty-one days after receiving a complete and timely reconsideration request. If the superintendent's written response denies the reconsideration request, the superintendent's written response must notify the applicant of the applicant's right to a hearing conducted pursuant to North Dakota Century Code chapter 28-32. The applicant shall request the hearing within thirty days.

N.D. Admin Code 67-11-23-06

Adopted by Administrative Rules Supplement 2021-382, October 2021, effective 10/1/2021.

General Authority: NDCC 15.1-02-16, 15.1-32-02, 15.1-32-09, 28-32-02

Law Implemented: NDCC 15.1-02-16