§ 51-23-20 — Procedure for entry of an order

North Dakota § 51-23-20

• Jurisdiction: North Dakota
• Title 51: Sales and Exchanges
• Ch. 51-23: Commodities Transactions

Text

1. The commissioner shall commence an administrative proceeding under this chapter by
entering either a notice of intent to do a contemplated act or a summary order. The
notice of intent or summary order may be entered without notice, without opportunity
for hearing, and need not be supported by findings of fact or conclusions of law, but
must be in writing.
2. Upon entry of a notice of intent or summary order, the commissioner shall promptly
notify all interested parties that the notice or summary order has been entered and the
reasons therefor. If the proceeding is pursuant to a notice of intent, the commissioner
shall inform all interested parties of the date, time, and place set for the hearing on the
notice. If the proceeding is pursuant to a summary order, the commissioner shall
inform all interested parties that they have thirty business days from the entry of the
order to file a written request for a hearing on the matter with the commissioner and
that the hearing will be scheduled to commence within thirty business days after the
receipt of the written request.
3. If the proceeding is pursuant to a summary order, the commissioner, whether or not a
written request for a hearing is received from any interested party, may set the matter
down for hearing on the commissioner's own motion.
4. If no hearing is requested and none is ordered by the commissioner, the summary
order will automatically become a final order after thirty business days.
5. If a hearing is requested or ordered, the commissioner, after extending notice of an
opportunity for hearing to all interested persons, may modify or vacate the order or
extend it until final determination.
6. No final order or order after hearing may be returned without:
a. Appropriate notice to all interested persons;
b. Opportunity for hearing by all interested persons; and
c. Entry of written findings of fact and conclusions of law.
7. If a hearing is requested or ordered under this section, it must be conducted in
accordance with chapter 28-32.
8. No action may be brought under this chapter after five years from the date that the
commissioner knew or reasonably should have known about the facts that are the
basis for the alleged violation. This subsection does not apply to any action under
section 51-23-07.
Every hearing in an administrative proceeding under this chapter must be public unless the
commissioner grants a request joined in by all the respondents that the hearing be conducted
privately.