§ 38-08-13 — Party adversely affected may apply for reconsideration

North Dakota § 38-08-13

• Jurisdiction: North Dakota
• Title 38: Mining and Gas and Oil Production
• Ch. 38-08: Control of Gas and Oil Resources

Text

Any party adversely affected by any order of the commission may file a written petition for
reconsideration in accordance with section 28-32-40. The commission shall grant or deny any
such petition in whole or in part in accordance with the provisions of section 28-32-40 and rules
adopted pursuant to it.
38-08-14. Party adversely affected may appeal to district court.
1. Any party adversely affected by an order entered by the commission may appeal,
pursuant to chapter 28-32, from the order to the district court for the county in which
the oil or gas well or the affected property is located. However, if the oil or gas well or
the property affected by the order is located in or underlies more than one county, any
appeal may be taken to the district court for any county in or under which any part of
the affected property is located.
2. At the time of filing of the notice of appeal, if an application for the suspension of the
order is filed, the commission may enter an order suspending the order complained of
and fixing the amount of a supersedeas bond. Within ten days after the entry of an
order by the commission which suspends the order complained of and fixes the
amount of the bond, the appellant shall file with the commission a supersedeas bond

in the required amount and with proper surety. Upon approval of the bond, the order of
the commission suspending the order complained of is effective until its final
disposition upon appeal. The bond must run in favor of the commission for the use and
benefit of any person who may suffer damage by reason of the suspension of the
order in the event the same is affirmed by the district court. If the order of the
commission is not superseded, it must continue in force and effect as if no appeal was
pending, unless a stay is ordered by the court to which the appeal is taken under
section 28-32-48.
3. Orders of the commission must be sustained by the district court if the commission has
regularly pursued its authority and its findings and conclusions are sustained by the
law and by substantial and credible evidence.