§ 28-32-42 — Appeal from determination of agency - Time to appeal - How appeal taken

North Dakota § 28-32-42

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

Text

1. Any party to any proceeding heard by an administrative agency, except when the order
of the administrative agency is declared final by any other statute, may appeal from
the order within thirty days after notice of the order has been given as required by
section 28-32-39. If a reconsideration has been requested as provided in section
28-32-40, the party may appeal within thirty days after notice of the final determination
upon reconsideration has been given as required by sections 28-32-39 and 28-32-40.
If an agency does not dispose of a petition for reconsideration within thirty days after
the filing of the petition, the agency is deemed to have made a final determination
upon which an appeal may be taken.
2. Any interested person who has participated in the rulemaking process of an
administrative agency may appeal the agency's rulemaking action if the appeal is
taken within ninety days after the date of publication in the North Dakota Administrative
Code of the rule resulting from the agency rulemaking action.
3. a. The appeal of an order may be taken to the district court designated by law, and if
none is designated, then to the district court of the county in which the hearing or
a part thereof was held. If the administrative proceeding was disposed of
informally, or for some other reason no hearing was held, an appeal may be
taken to the district court of Burleigh County. Only final orders are appealable. A
procedural order made by an administrative agency while a proceeding is
pending before it is not a final order.
b. The appeal of an agency's rulemaking action may be taken to the district court of
Burleigh County.
4. An appeal shall be taken by serving a notice of appeal and specifications of error
specifying the grounds on which the appeal is taken, upon the administrative agency
concerned, upon the attorney general or an assistant attorney general, and upon all
the parties to the proceeding before the administrative agency, and by filing the notice
of appeal and specifications of error together with proof of service of the notice of
appeal, and the undertaking required by this section, with the clerk of the district court
to which the appeal is taken. In an appeal of an agency's rulemaking action, only the
administrative agency concerned, the attorney general, or an assistant attorney
general, as well as the legislative council, need to be notified.
5. The notice of appeal must specify the parties taking the appeal as appellants. The
agency and all other parties of record who are not designated as appellants must be
named as appellees. A notice of appeal of agency rulemaking actions need not name
all persons participating in the rulemaking proceeding as appellees. The agency and
all parties of record have the right to participate in the appeal. In the appeal of agency
rulemaking action, any person who has participated in the rulemaking process has the
right to participate in the appeal.
6. A bond or other undertaking for costs on appeal must be filed by the appellant as is
required by appellants for costs on appeal in civil cases under the rules of appellate

procedure. The bond or other undertaking must be filed with the clerk of the district
court with the notice of appeal, must be made to the state of North Dakota, and may
be enforced by the agency concerned for and on behalf of the state as obligee. A bond
or other undertaking is not required when filing fees have been waived by a district
court pursuant to section 27-01-07 or when the costs of preparation and filing of the
record of administrative agency proceedings have been waived by a district court
pursuant to subsection 3 of section 28-32-44.