§ 38-14.1-35 — Judicial review

North Dakota § 38-14.1-35

• Jurisdiction: North Dakota
• Title 38: Mining and Gas and Oil Production
• Ch. 38-14.1: Surface Mining and Reclamation Operations

Text

1. There is a right to judicial review pursuant to sections 28-32-42 through 28-32-49:
a. To any applicant or any person with an interest which is or may be adversely
affected who has participated in administrative proceedings under section
38-14.1-30 as an objector, and who is aggrieved by the decision of the
commission.
b. To any person with an interest which is or may be adversely affected who has
participated in the administrative proceedings if the commission fails to act within
the time limits specified in this chapter or in accordance with the provisions of
chapter 28-32.
c. To any permittee who is subject to an order by the commission implementing a
final decision to suspend or revoke the permittee's permit under section
38-14.1-28 or to any operator or permittee who is subject to an order by the
commission implementing a final decision imposing a penalty under section
38-14.1-29 or any person having an interest which is or may be adversely
affected by such order or by any modification, vacation, or termination of such
order.
d. To any person claiming to be aggrieved or adversely affected by any regulation
promulgated by the commission to carry out the provisions of this chapter or by
any order of the commission or by its failure to enter an order.
2. Availability of judicial review under this section may not be construed to limit the
operation of the rights established in section 38-14.1-40 except as provided therein.