§ 28-32-39 — Adjudicative proceedings - Findings of fact, conclusions of law, and order of agency - Notice

North Dakota § 28-32-39

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

Text

of agency - Notice.
1. In an adjudicative proceeding an administrative agency shall make and state concisely
and explicitly its findings of fact and its separate conclusions of law and the order of
the agency based upon its findings and conclusions.
2. If the agency head, or another person authorized by the agency head or by law to
issue a final order, is presiding, the order issued is the final order. The agency shall
serve a copy of the final order and the findings of fact and conclusions of law on which
it is based upon all the parties to the proceeding within thirty days after the evidence
has been received, briefs filed, and arguments closed, or as soon thereafter as
possible, in the manner allowed for service under the North Dakota Rules of Civil
Procedure.
3. If the agency head, or another person authorized by the agency head or by law to
issue a final order, is not presiding, then the person presiding shall issue
recommended findings of fact and conclusions of law and a recommended order within
thirty days after the evidence has been received, briefs filed, and arguments closed, or
as soon thereafter as possible. The recommended findings of fact and conclusions of
law and the recommended order become final unless specifically amended or rejected
by the agency head. The agency head may adopt the recommended findings of fact
and conclusions of law and the recommended order as final. The agency may allow
petitions for review of a recommended order and may allow oral argument pending
issuance of a final order. An administrative agency may adopt rules regarding the
review of recommended orders and other procedures for issuance of a final order by
the agency. If a recommended order is issued, the agency must serve a copy of any
final order issued and the findings of fact and conclusions of law on which it is based
upon all the parties to the proceeding within sixty days after the evidence has been
received, briefs filed, and arguments closed, or as soon thereafter as possible, in the
manner allowed for service under the North Dakota Rules of Civil Procedure.