§ 65-04-32 — Decisions by organization - Disputed decisions

North Dakota § 65-04-32

• Jurisdiction: North Dakota
• Title 65: Workforce Safety and Insurance
• Ch. 65-04: The Fund and Premium Payments Thereto

Text

Notwithstanding any provisions to the contrary in chapter 28-32, the following procedures
apply when the organization issues a decision under this chapter or section 65-04-04.4:
1. The organization may issue a notice of decision based on an informal internal review
of the record and shall issue the notice of the decision on the parties by regular mail or
electronic means. The organization shall include with the decision a notice of the
employer's right to reconsideration.
2. An employer has forty-five days from the day the notice of decision was issued by the
organization by regular mail or electronic means to file a written request for
reconsideration. The request for reconsideration is considered filed only upon receipt
by the organization. The employer is not required to file the request through an
attorney. The request must state the reason for disagreement with the organization's
decision and the desired outcome. The request may be accompanied by additional
evidence not previously submitted to the organization. The organization shall
reconsider the matter by informal internal review of the information of record. Absent a
timely and sufficient request for reconsideration, the notice of decision is final and may
not be reheard or appealed.

3. After receiving a petition for reconsideration, unless settlement negotiations are
ongoing, the organization shall issue to the parties by regular mail or electronic means,
an administrative order including its findings of fact, conclusions of law, and order, in
response to the petition for reconsideration. The organization may serve an
administrative order on any decision made by informal internal review without first
issuing a notice of decision and receiving a request for reconsideration. If the
organization does not issue an order within sixty days of receiving a request for
reconsideration, a party may request, and the organization shall promptly issue, an
appealable determination.
4. A party has forty-five days from the date of issuance of an administrative order to file a
written request for rehearing. The request must state specifically each alleged error of
fact and law to be reheard and the relief sought. Absent a timely and sufficient request
for rehearing, the administrative order is final and may not be reheard or appealed.
5. Rehearings must be conducted as hearings under chapter 28-32 to the extent that
chapter does not conflict with this section.
6. An employer may appeal a posthearing administrative order to district court in
accordance with chapter 65-10. Chapter 65-10 does not preclude the organization
from appealing to district court a final order issued by a hearing officer under this title.