N.D. Admin. Code 82-10-01-01

Current through Supplement No. 394, October, 2024
Section 82-10-01-01 - Right to formal hearing and appeal

Any applicant aggrieved by a decision of the board may initiate a formal administrative action against the board in accordance with North Dakota Century Code chapter 28-32. The applicant must file a request for a formal hearing within thirty days after notice of the initial decision has been mailed. If an appeal is not filed within the thirty-day period, the initial decision of the board is final. If a request for a formal hearing is timely filed, notice of the hearing must be served at least thirty days before the date set for the hearing. The board shall request appointment of an administrative law judge from the office of administrative hearings to conduct the hearing and make recommended findings of fact, conclusions of law, and order. The board shall either accept the administrative law judge's recommended findings of fact, conclusions of law, and order or adopt its own findings of fact, conclusions of law, and order. The applicant may appeal the final decision resulting from this procedure to the district court in accordance with North Dakota Century Code chapter 28-32.

N.D. Admin Code 82-10-01-01

Effective May 1, 2002; amended effective July 1, 2008.

General Authority: NDCC 15-39.1-07

Law Implemented: NDCC 15-39.1-07