North Dakota § 43-15-28.1 Temporary suspension - Appeal

North Dakota Statutes

§ 43-15-28.1 — Temporary suspension - Appeal

North Dakota § 43-15-28.1

Title 43Occupations and Professions

Ch. 43-15Pharmacists

This text of North Dakota § 43-15-28.1 (Temporary suspension - Appeal) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 43-15-28.1 (2026).

Text

1.If the board has verified evidence that probable cause or grounds for discipline requires the suspension of a pharmacy permit or license of a pharmacist and if harm to the public is so imminent and critical that substantial harm could or would likely result if the permit or license is not suspended prior to a hearing, the board may order a temporary suspension ex parte.

2.An ex parte temporary suspension remains in effect for not more than sixty days, unless otherwise terminated by the board.

3.The board shall set the date of a full hearing on the cause and grounds for discipline regarding the permit or license for not later than sixty days from the issuance of the ex parte temporary suspension order. Within three days after the issuance of the ex parte suspension order, the board sh

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1. If the board has verified evidence that probable cause or grounds for discipline
requires the suspension of a pharmacy permit or license of a pharmacist and if harm to

the public is so imminent and critical that substantial harm could or would likely result if
the permit or license is not suspended prior to a hearing, the board may order a
temporary suspension ex parte.
2. An ex parte temporary suspension remains in effect for not more than sixty days,
unless otherwise terminated by the board.
3. The board shall set the date of a full hearing on the cause and grounds for discipline
regarding the permit or license for not later than sixty days from the issuance of the ex
parte temporary suspension order. Within three days after the issuance of the ex parte
suspension order, the board shall serve the pharmacy or pharmacist with a copy of the
order along with a copy of the complaint and notice of the date set for the full hearing.
4. The pharmacy or pharmacist may appeal the ex parte temporary suspension order
prior to the full hearing. For purposes of appeal, the district court shall decide whether
probable cause or grounds for discipline reasonably requires the temporary
suspension to adequately protect the public interest. The court shall give priority to the
appeal for prompt disposition.