§ 43-23.1-13 — Investigations and proceedings

North Dakota § 43-23.1-13

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-23.1: Subdivided Lands Disposition Act

Text

1. The commission shall investigate any subdivision offered for disposition in this state
and may:
a. Rely upon any relevant information concerning a subdivision obtained from the
federal housing administration, the United States veterans administration, or any
other federal agency having comparable duties in relation to subdivisions;
b. Require the applicant to submit reports prepared by competent engineers as to
any hazard to which any subdivision offered for disposition is subject or any factor
which affects the utility of interests within the subdivision, and require evidence of
compliance in removing or minimizing all hazards reflected in engineering reports;
c. Require an onsite inspection of the subdivision by a person or persons
designated by it. All expenses incurred in connection with an onsite inspection
must be defrayed by the applicant, and the commission shall require a deposit
sufficient to defray such expenses in advance;
d. Make public or private investigations within or outside this state to determine
whether any person has violated or is about to violate this chapter or any rule,
regulation, or order hereunder, or to aid in the enforcement of this chapter or in
prescribing rules and regulations and forms hereunder; and
e. Require or permit any person to file a statement in writing, under oath or
otherwise as the commission determines, as to all the facts and circumstances
concerning the matter to be investigated.
2. For the purpose of any investigation or proceeding under this chapter, the commission
or any person designated by it may administer oaths or affirmations, and upon its own
motion or upon the request of any party shall subpoena witnesses, compel their
attendance, take evidence, and require the production of any matter which is relevant
to the investigation, including the existence, description, nature, custody, condition,
and location of any books, documents, or other tangible things and the identity and

location of persons having knowledge of relevant facts or any other matter reasonably
calculated to lead to the discovery of material evidence.
3. Upon failure to obey a subpoena or to answer questions propounded by the
investigator and upon reasonable notice to all persons affected thereby, the agency
may apply to the district court for an order compelling compliance.
4. The commission may permit a person registered with the commission whose conduct
or actions may be under investigation to waive formal proceedings and enter into a
consent proceeding whereby orders, rules, or letters of censure or warning, whether
formal or informal, may be entered against said person.
5. Except as otherwise provided in this chapter, all proceedings under this chapter must
be in accordance with chapter 28-32.