§ 28-32-21 — Adjudicative proceedings - Procedures

North Dakota § 28-32-21

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-32: Administrative Agencies Practice Act

Text

Administrative agencies shall comply with the following procedures in all adjudicative
proceedings:
1. a. For adjudicative proceedings involving a hearing on a complaint against a
specific-named respondent, a complainant shall prepare and file a clear and
concise complaint with the agency having subject matter jurisdiction of the
proceeding. The complaint shall contain a concise statement of the claims or

charges upon which the complainant relies, including reference to the statute or
rule alleged to be violated, and the relief sought.
b. After a complaint is filed, the appropriate administrative agency shall serve a copy
of the complaint upon the respondent in the manner allowed for the service of
process under the North Dakota Rules of Civil Procedure at least forty-five days
before the hearing on the complaint.
c. The administrative agency shall designate the time and place for the hearing and
shall serve a copy of the notice of hearing upon the respondent in the manner
allowed for service under the North Dakota Rules of Civil Procedure, at least
twenty days before the hearing on the complaint. Service of the notice of hearing
may be waived in writing by the respondent, or the parties may agree on a
definite time and place for hearing with the consent of the agency having
jurisdiction.
d. A complaint may be served less than forty-five days before the time specified for
a hearing on the complaint and a notice of hearing on a complaint may be served
less than twenty days before the time specified for hearing if otherwise authorized
by statute. However, an administrative hearing regarding the renewal,
suspension, or revocation of a license may not be held fewer than ten days after
the licensee has been served, personally or by certified mail, with a copy of a
notice for hearing with an affidavit, complaint, specification of issues, or other
document alleging violations upon which the license hearing is based.
e. A complaint may inform the respondent that an answer to the complaint must be
served upon the complainant and the agency with which the complaint is filed
within twenty days after service of the complaint, or the agency may deem the
complaint to be admitted. If the respondent fails to answer as required within
twenty days after service of the complaint, the agency may enter an order in
default as the facts and law may warrant. Answers must be served in the manner
allowed for service under the North Dakota Rules of Civil Procedure.
f. Service is complete upon compliance with the provisions of the North Dakota
Rules of Civil Procedure. Proof of service may be made as provided in the North
Dakota Rules of Civil Procedure.
g. A respondent may be given less than twenty days to answer the complaint,
pursuant to another statute, but no respondent may be required to answer a
complaint in less than five days and an answer must be served on the
complainant and the agency with which the complaint is filed at least two days
before the hearing on the complaint.
h. Amended and supplemental pleadings may be served and filed with the agency
in the manner allowed for amended and supplemental pleadings under the North
Dakota Rules of Civil Procedure.
2. At any hearing in an adjudicative proceeding, the parties shall be afforded opportunity
to present evidence and to examine and cross-examine witnesses as is permitted
under sections 28-32-24 and 28-32-35.
3. a. If the adjudicative proceeding does not involve a hearing on a complaint against a
specific-named respondent, the provisions of subsection 1 do not apply. Unless
otherwise provided by law, the provisions of subdivisions b through d apply.
b. The administrative agency shall designate the time and place for the hearing and
shall serve a copy of the notice of hearing upon all the parties in the manner
allowed for service under the North Dakota Rules of Civil Procedure at least
twenty days before the hearing. Service of the notice of hearing may be waived in
writing by the parties, or the parties may agree on a definite time and place for
the hearing with the consent of the agency having jurisdiction.
c. A hearing under this subsection may not be held unless the parties have been
properly served with a copy of the notice of hearing as well as a written
specification of issues for hearing or other document indicating the issues to be
considered and determined at the hearing. In lieu of, or in addition to, a
specification of issues or other document, an explanation about the nature of the

hearing and the issues to be considered and determined at the hearing may be
contained in the notice.
d. Service is complete upon compliance with the provisions of the North Dakota
Rules of Civil Procedure. Proof of service may be made as provided in the North
Dakota Rules of Civil Procedure.