North Dakota § 28-32-32 Emergency adjudicative proceedings

North Dakota Statutes

§ 28-32-32 — Emergency adjudicative proceedings

North Dakota § 28-32-32

Title 28Judicial Procedure, Civil

Ch. 28-32Administrative Agencies Practice Act

This text of North Dakota § 28-32-32 (Emergency adjudicative proceedings) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 28-32-32 (2026).

Text

An administrative agency may use an emergency adjudicative proceeding, in its discretion, in an emergency situation involving imminent peril to the public health, safety, or welfare.

1.In an emergency, the administrative agency may take action pursuant to a specific statute as is necessary to prevent or avoid imminent peril to the public health, safety, or welfare.

2.In an emergency, in the absence of a specific statute, an administrative agency may serve a complaint fewer than forty-five days before the hearing and give notice of a hearing on the complaint by giving less than twenty days' notice as is necessary to prevent or avoid imminent peril to the public health, safety, or welfare. But, every party to the emergency adjudicative proceeding must be given a reasonable time within whic

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An administrative agency may use an emergency adjudicative proceeding, in its discretion,
in an emergency situation involving imminent peril to the public health, safety, or welfare.
1. In an emergency, the administrative agency may take action pursuant to a specific
statute as is necessary to prevent or avoid imminent peril to the public health, safety,
or welfare.
2. In an emergency, in the absence of a specific statute, an administrative agency may
serve a complaint fewer than forty-five days before the hearing and give notice of a
hearing on the complaint by giving less than twenty days' notice as is necessary to
prevent or avoid imminent peril to the public health, safety, or welfare. But, every party
to the emergency adjudicative proceeding must be given a reasonable time within
which to serve an answer and to prepare for the hearing, which may be extended by
the agency upon good cause being shown.
3. In an emergency, in the absence of a specific statute, in an adjudicative proceeding
that does not involve a complaint against a specific-named respondent, an
administrative agency may give notice of a hearing by giving less than twenty days'
notice as is necessary to prevent or avoid imminent peril to the public health, safety, or
welfare. But, every party to the emergency adjudicative proceeding shall be given a
reasonable time to prepare for the hearing, which may be extended by the agency
upon good cause being shown.
4. As a result of the emergency adjudicative proceeding, in the absence of a specific
statute requiring other administrative action, the administrative agency shall issue an
order. The order must include a brief statement of the reasons justifying the
determination of imminent peril to the public health, safety, or welfare and requiring an
emergency adjudicative proceeding to prevent or avoid the imminent peril.
5. After issuing an order pursuant to this section, the administrative agency shall proceed
as soon as possible to complete any other proceedings related to the emergency
adjudicative proceeding that do not involve imminent peril to the public health, safety,
or welfare.