§ 28-32-40 — Petition for reconsideration

North Dakota § 28-32-40

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

Text

1. Any party before an administrative agency who is aggrieved by the final order of the
agency, including the administrative agency when the hearing officer is not the agency
head or one or more members of the agency head, within fifteen days after notice has
been given as required by section 28-32-39, may file a petition for reconsideration with
the agency. Filing of the petition is not a prerequisite for seeking judicial review. If the
agency's hearing officer issues the agency's final order, the petition for reconsideration
must be addressed to the hearing officer, who may grant or deny the petition under
subsection 4.
2. Any party, including workforce safety and insurance, that appears before workforce
safety and insurance may file a petition for reconsideration within thirty days after
notice has been given as required by section 28-32-39.
3. The party must submit with the petition for reconsideration a statement of the specific
grounds upon which relief is requested or a statement of any further showing to be
made in the proceeding. The petition must also state whether a rehearing is requested.
The petition and any statement shall be considered a part of the record in the
proceeding.
4. The administrative agency may deny the petition for reconsideration or may grant the
petition on such terms as it may prescribe. If a rehearing is granted, the agency may
allow a new hearing or limit the hearing as appropriate. The agency may dissolve or
amend the final order and set the matter for further hearing. The petition is deemed to
have been denied if the agency does not dispose of it within thirty days after the filing
of the petition. Any rehearing must be presided over by the same person or persons
presiding previously at the hearing, if available. Any amended findings, conclusions,
and orders must be issued by the same person or persons who issued the previous
recommended or final orders, if available. Within thirty days after the close of
proceedings upon reconsideration, or as soon thereafter as possible, the agency shall

issue and give notice of its order upon reconsideration as required in subsection 3 of
section 28-32-39.
5. This section does not limit the right of any agency to reopen any proceeding or rehear
any matter under any continuing jurisdiction which is granted to the agency by statute.