North Dakota § 38-08-11 Rules covering practice before commission

North Dakota Statutes

§ 38-08-11 — Rules covering practice before commission

North Dakota § 38-08-11

Title 38Mining and Gas and Oil Production

Ch. 38-08Control of Gas and Oil Resources

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Bluebook

N.D. Cent. Code § 38-08-11 (2026).

Text

1.The commission may adopt rules governing the practice and procedure before the commission, which rules must be adopted pursuant to the provisions of chapter 28-32.

2.When an emergency requiring immediate action is found to exist, the commission may issue an emergency order without notice or hearing, reciting the existence of the emergency and requiring that necessary action be taken to meet the emergency, which order is effective upon issuance. No emergency order may remain in effect for more than forty days.

3.Any notice required by this chapter must be given at the election of the commission either in accordance with chapter 28-32 or by one publication in a newspaper of general circulation in the state capital and in a newspaper of general circulation in the county where the land af

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1. The commission may adopt rules governing the practice and procedure before the
commission, which rules must be adopted pursuant to the provisions of chapter 28-32.
2. When an emergency requiring immediate action is found to exist, the commission may
issue an emergency order without notice or hearing, reciting the existence of the
emergency and requiring that necessary action be taken to meet the emergency,
which order is effective upon issuance. No emergency order may remain in effect for
more than forty days.
3. Any notice required by this chapter must be given at the election of the commission
either in accordance with chapter 28-32 or by one publication in a newspaper of
general circulation in the state capital and in a newspaper of general circulation in the
county where the land affected, or some part thereof, is situated. The notice must
issue in the name of the state, must be signed by the chairman or secretary of the
commission, and must specify the style and number of the proceeding, the time and
place of the hearing, and must briefly state the purpose of the proceeding. Should the
commission elect to give notice by personal service, such service may be made by
any officer authorized to serve process, or by any agent of the commission, in the
same manner as is provided by law for the service of summons in civil actions in the
courts of the state. Proof of the service by such agent must be by the affidavit of the
person making personal service. In proceedings that do not involve a complaint and a
specifically named respondent, including agency hearings on applications seeking

some right or authorization from the commission, the notice of hearing must be given
at least fifteen days before the hearing, except in cases of emergency.
4. The commission may act upon its own motion or upon the petition of any interested
person. On the filing of a petition concerning any matter within the jurisdiction of the
commission, the commission shall fix a date for a hearing and give notice. Upon the
filing of a petition of any interested party, the commission shall enter and serve its
order upon all parties to the proceeding as required in section 28-32-39.