Section 69-05.2-01-04 - Notice of citizen suits1. A person who intends to initiate a civil action on one's own behalf under North Dakota Century Code section 38-14.1-40 shall give notice of intent to do so. 2. Notice shall be given by certified mail to the commission. 3. Notice shall be given by certified mail to the alleged violator, if the complaint alleges a violation of North Dakota Century Code chapter 38-14.1, this article, a permit condition, or any commission order. 4. Service of notice is complete upon mailing to the last-known address of the person being notified. 5. A person giving notice regarding an alleged violation shall state, to the extent known: a. Sufficient information to identify the provision of North Dakota Century Code chapter 38-14.1, this article, a permit or order allegedly violated. b. The act or omission alleged to constitute a violation. c. The name, address, and telephone numbers of the person or persons responsible for the alleged violation. d. The date, time, and location of the alleged violation. e. The name, address, and telephone number of the person giving notice. f. The name, address, and telephone number of legal counsel, if any, of the person giving notice. 6. A person giving notice of an alleged failure by the commission to perform a mandatory act or duty under North Dakota Century Code chapter 38-14.1 or this article shall state, to the extent known: a. The provision containing the mandatory act or duty allegedly not performed. b. Sufficient information to identify the omission alleged to constitute the failure to perform a mandatory act or duty. c. The name, address, and telephone number of the person giving notice. d. The name, address, and telephone number of legal counsel, if any, of the person giving notice. N.D. Admin Code 69-05.2-01-04
Effective August 1, 1980; amended effective May 1, 1990.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-40