§ 28-32-47 — Scope of and procedure on appeal from agency rulemaking

North Dakota § 28-32-47

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

Text

1. A judge of the district court shall review an appeal from an administrative agency's or
ethics commission's rulemaking action based only on the record filed with the court. If
an appellant requests documents to be included in the record but the agency or
commission does not include them, the court, upon application by the appellant, may
compel their inclusion. After a hearing, the filing of briefs, or other disposition of the
matter as the judge may reasonably require, the court shall affirm the rulemaking
action unless it finds that any of the following are present:
a. The provisions of this chapter have not been substantially complied with in the
rulemaking actions.
b. A rule published as a result of the rulemaking action appealed is unconstitutional
on the face of the language adopted.
c. A rule published as a result of the rulemaking action appealed is beyond the
scope of the agency's or commission's authority to adopt.
d. A rule published as a result of the rulemaking action appealed is on the face of
the language adopted an arbitrary or capricious application of authority granted
by statute.
2. If the rulemaking action of the agency or commission is not affirmed by the court, the
rulemaking action must be remanded to the agency or commission for disposition in
accordance with the order of the court, or the rule or a portion of the rule resulting from
the rulemaking action of the agency or commission must be declared invalid for
reasons stated by the court.