North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-02 - Pleadings › Section 13-01.1-02-02 - Formal complaints

Current through Supplement No. 393, July, 2024
1. Complaints may
				be made by the board on its own motion, by the commissioner on the
				commissioner's own motion, or by any person. Complaints shall be made in
				writing setting forth any act or thing done or omitted to be done by any party
				under the board's jurisdiction in violation of or claimed to be in violation of
				any provision of law, or any order or rule of the board.
2. Form and content. Each formal complaint
				must show the venue, "Before the State Banking Board of North Dakota" and must
				contain a heading showing the name of the complainant and the name of the
				respondent. The complaint must advise the respondent and the board of the facts
				constituting the ground of the complaint, the provisions of the statutes,
				rules, and orders relied upon the injury complained of, and a clear, concise
				statement of the relief sought.
3.
				Verification. All formal complaints must be verified by the person filing, or
				by the person's legal representative.
4. Number of copies. At the time when the
				complainant files the original complaint, the complainant must also file ten
				copies more than the number of respondents named in the complaint.
5. Service. The board shall serve a copy of
				the complaint upon the respondent as the commissioner may direct, at least
				forty-five days before the hearing thereof unless the service of such complaint
				is waived, in writing, by the respondent, or unless the parties agree upon a
				definite time and place for hearing thereof with the consent of the
				commissioner.
6. Satisfaction of
				complaint. If the respondent desires to satisfy the complaint, the respondent
				may file with the board and complainant, within five days after the service of
				the complaint, a statement of the relief which the respondent is willing to
				give. If the offer of relief is satisfactory to the complainant, the
				complainant must submit a written request to withdraw the complaint within ten
				days after the offer was served. If a written request to withdraw is not made
				within the ten days, the offer is deemed denied and the respondent must answer
				the complaint.
7. Sufficiency of
				complaint. Upon the filing of a formal complaint, the commissioner shall
				examine same to ascertain whether or not it states a prima facie case and
				conforms to this article. If the commissioner finds that the complaint does not
				state a prima facie case or does not conform to this article or does not fall
				within the board's jurisdiction, the commissioner shall notify the complainant
				or the complainant's attorney to that effect, and the complainant shall be
				given an opportunity to amend within a specified time. If the complaint is not
				so amended within such time, or extension thereof as the commissioner may for
				good cause grant, it will be deemed dismissed.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05, 28-32-05.1