reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-07 - Response to petition

Current through Supplement No. 393, July, 2024
Under section 252(b)(3) of the Act, a nonpetitioning party
				  to a negotiation may respond to a petition for arbitration within twenty-five
				  days after the commission receives the petition, and may present additional
				  issues and provide additional relevant documentation it wishes to have
				  considered pertaining to any of the issues. The party that files a response to
				  a petition for arbitration with the commission must deliver a copy of the
				  response with proof of service on all parties to the negotiation at the time
				  the response is filed with the commission.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-08 - Parties to provide list of arbitrators

Current through Supplement No. 393, July, 2024
The party or parties that request arbitration shall provide
				  the commission, within no less than fifteen days from when the petition for
				  arbitration is filed, names and qualifications of at least two qualified
				  neutral arbitrators that are acceptable to all parties to the negotiation. In
				  the event the parties are unable to agree on the acceptability of arbitrators,
				  each party shall submit names and qualifications of at least two arbitrators
				  that would be acceptable to that party.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-09 - Selection of the arbitrator

Current through Supplement No. 393, July, 2024
The commission shall select and appoint a qualified
				  arbitrator from the list provided by the parties. If the parties are unable to
				  comply with the requirements of section
				  69-02-10-08, the commission shall
				  appoint an arbitrator it determines to be qualified who may be a person from
				  the commission's staff. The commission may designate one or more commission
				  staff personnel or an outside consultant to serve as technical adviser to the
				  arbitrator.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-10 - Appointment of an arbitrator

Current through Supplement No. 393, July, 2024
The commission shall appoint the arbitrator within twenty
				  days after a petition has been filed.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-11 - Ex parte communications

Current through Supplement No. 393, July, 2024
A party may not have any ex parte communication with the
				  arbitrator or technical advisor regarding any issue related to the arbitration
				  except for scheduling purposes.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1, 28-32-12.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-12 - Payment of costs and fees

Current through Supplement No. 393, July, 2024
The parties to the arbitration proceeding shall contract
				  directly with the arbitrator for the arbitration services and shall pay all
				  costs and fees of the arbitrator and outside consultants retained to assist the
				  arbitrator. Costs associated with the arbitration process which are incurred by
				  the commission or commission staff in the arbitration proceeding must be paid
				  by the telecommunications companies involved in the proceeding under subsection
				  6 of North Dakota Century Code section
				  49-21-01.7.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07,
					 49-21-01.7
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-13 - Procedural officer

Current through Supplement No. 393, July, 2024
The arbitrator appointed by the commission, in addition to
				  having the authority to arbitrate the disputed issues, has the authority of a
				  hearing officer and will conduct the procedural aspects of the arbitration
				  proceeding.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 28-32-08.1, 28-32-08.5,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-14 - Prehearing conference

Current through Supplement No. 393, July, 2024
The arbitrator shall schedule a prehearing conference to be
				  held no later than two hundred days from the date of making the request for
				  negotiation. The purpose of the prehearing conference is to discuss a
				  procedural schedule that conforms to the requirements of the Act, North Dakota
				  laws and rules, and commission issued procedural order and preliminarily
				  discuss areas of testimony, discuss the scope and timing of discovery,
				  determine the timeline for filing testimony, and identify, simplify, and limit
				  issues. The arbitrator shall issue an order following the prehearing conference
				  setting forth a procedural order for the proceeding and identifying the issues
				  in dispute.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1, 28-32-08.3,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-15 - Notice of arbitration hearing

Current through Supplement No. 393, July, 2024
Within fifteen days after the prehearing conference, the
				  commission shall issue a notice of hearing specifying the disputed issues that
				  are the subject of the arbitration proceeding. The notice of arbitration
				  hearing must be issued as required under North Dakota Century Code Chapter
				  28-32. Arbitration proceedings must be open to the public.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC
					 28-32-05, 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-16 - Participation in the arbitration process

Current through Supplement No. 393, July, 2024
Participation in the arbitration process must be limited to
				  the petitioning party, the responding party, and the commission staff.
				  Commission staff personnel may participate in both advocacy or advisory roles.
				  In the event staff participates in an advocacy role, the commission will employ
				  its split staff procedures to designate advocacy and advisory staff members. An
				  individual staff person may not be permitted to serve in both an advocacy and
				  advisory role.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-17 - Confidentiality

Current through Supplement No. 393, July, 2024
The petition, response, accompanying materials, and all
				  other documentation provided to the commission are subject to the North Dakota
				  open records laws. A party may request trade secret protection for information
				  by filing an application with the commission under the provisions of chapter
				  69-02-09.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC
					 28-32-06,
					 47-25.1
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-18 - Exchange of information

Current through Supplement No. 393, July, 2024
The parties shall cooperate in good faith in the voluntary,
				  prompt, and informal exchange of all documents and other information relevant
				  to the disputed issues, subject to claims of privilege or confidentiality.
1. The parties shall exchange copies
				of all documents in their possession or control on which they rely in support
				of their positions or which they may introduce as exhibits at the arbitration
				hearing. The parties shall serve the documents within twenty days after the
				response to the petition is filed with the commission, unless otherwise agreed
				or such other time is ordered by the arbitrator.
2. The parties may offer other evidence that
				is relevant and material to the issues in dispute. The parties must be required
				to produce such additional evidence as the arbitrator deems necessary to
				understand and determine the issues in dispute.
3. The parties shall exchange a preliminary
				list of witnesses they expect to call at the arbitration hearing within twenty
				days after the response to the petition is filed, unless otherwise ordered by
				the arbitrator or agreed to by the parties. The preliminary list must identify
				expert witnesses and the subject matter of their testimony. Within seven
				calendar days prior to the hearing, the parties shall provide to each other and
				to the arbitrator a final list of witnesses they intend to call, including
				experts, together with a brief description of the testimony of each witness and
				the estimated time for the witness's direct testimony. In addition, within
				seven calendar days prior to the hearing, the parties shall provide to each
				other and to the arbitrator a list of exhibits intended to be used at the
				hearing together with copies of all exhibits not previously provided.
4. Within seven calendar days
				prior to the hearing, each party shall submit concise written statements of the
				party's position, including summaries of the facts and evidence a party intends
				to present, discussion of the applicable law, and the basis for the requested
				decision or denial of relief sought.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-19 - Formal discovery

Current through Supplement No. 393, July, 2024
The provisions of North Dakota Century Code chapter 28-32
				  control discovery in arbitration proceedings. In the event any party fails or
				  refuses to informally exchange requested information and documents, the other
				  parties may:
1. Submit a request to
				conduct discovery in accordance with North Dakota Century Code section
				28-32-09.
2. Submit a request to the arbitrator to
				compel responses to reasonable discovery requests.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 28-32-09,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-20 - Filing of direct testimony

Current through Supplement No. 393, July, 2024
The parties to the arbitration proceeding shall file
				  prepared written testimony relating to all of the disputed issues in the
				  proceeding within the timeframe established in the prehearing conference order.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-21 - Production of documents and other discovery materials

Current through Supplement No. 393, July, 2024
Any party to the arbitration proceeding that receives a
				  discovery request from another party or from the arbitrator shall produce all
				  discoverable information within the time period established in these rules or
				  the procedural order. If any party refuses or fails unreasonably to respond on
				  a timely basis to any reasonable request, the arbitrator may proceed on the
				  basis of the best information available to the arbitrator from whatever source
				  derived under section 252(b)(4)(B) of the Act.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-22 - Testimony of witnesses

Current through Supplement No. 393, July, 2024
All witnesses shall present their testimony at the hearing
				  under oath. The witnesses shall authenticate their prefiled testimony and be
				  subjected to direct examination and cross-examination.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 28-32-11,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-23 - Evidence

Current through Supplement No. 393, July, 2024
The arbitrator will consider evidence relevant and material
				  to the dispute, giving the evidence such weight as the arbitrator determines is
				  appropriate. Exhibits to the record may be offered by either party and may be
				  received into evidence by the arbitrator. The admissibility of evidence shall
				  be guided by the applicable provisions of North Dakota Century Code chapter
				  28-32.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 28-32-06,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-24 - Continuation of mediation

Current through Supplement No. 393, July, 2024
The parties may at any time return to mediation to attempt
				  to resolve disputed issues and the parties may involve the arbitrator in such
				  mediation efforts. The participation of the arbitrator in such mediation
				  efforts does not disqualify the arbitrator from continuing in the arbitration
				  process.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-25 - Transcript of the hearing

Current through Supplement No. 393, July, 2024
A stenographic record of each arbitration hearing must be
				  made. The arbitrator may require an expedited copy of each hearing to be filed
				  with the commission. The commission shall designate the court reporter for the
				  proceeding. The parties shall pay the fees and costs of the reporter including
				  the costs for preparing all transcripts directly to the court reporter.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-26 - Commission to determine final offer arbitration process

Current through Supplement No. 393, July, 2024
The arbitrator shall use final offer arbitration or modified
				  final offer arbitration as directed by the commission, except as otherwise
				  provided in this section:
1. At the
				discretion of the arbitrator, the final offer arbitration process may take the
				form of either entire package final offer arbitration or issue-by-issue final
				offer arbitration.
2. Negotiations
				between the parties may continue after final arbitration offers are submitted
				and the parties may submit subsequent final offers following such negotiations.
3. The arbitrator may allow up to
				fifteen days after submission of the initial final offers before making a
				decision in order to provide the opportunity for parties to conduct postoffer
				negotiations.
4. The arbitrator
				may request the commission to change the final arbitration process at any time
				prior to issuance of the arbitrator's decision.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-27 - Filing of briefs and final offer arbitration agreements

Current through Supplement No. 393, July, 2024
The petitioner and the respondent shall each file a
				  posthearing brief and a final offer arbitration agreement no later than ten
				  days after the filing of the hearing transcript. The hearing officer has the
				  discretion to shorten the time for filing. The posthearing briefs of each party
				  must summarize all relevant portions of its final offer arbitrated agreement
				  and cite legal authority and evidence to support the adoption of its agreement.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-28 - Contents of final offers

Current through Supplement No. 393, July, 2024
Final offers submitted by the parties must:
1. Meet the requirements of section 251 of
				the Act and all rules prescribed by the federal communications commission
				pursuant to that section.
2.
				Establish rates for interconnection, services, or access to unbundled network
				elements according to section 252(d) of the Act, including all rules prescribed
				by the federal communications commission pursuant to that section.
3. Provide a schedule for implementation of
				the terms and conditions by the parties to the agreement. In the event a final
				offer of one or more of the parties fails to comply with the requirements of
				this section, the arbitrator may take the action necessary to result in an
				arbitrated agreement that satisfies the requirements of section 252(c) of the
				Act, including requiring the parties to submit new final offers or adopting a
				result not submitted by any party that is consistent with the requirements of
				section 252(c) of the Act and rules prescribed by the federal communications
				commission pursuant to that section.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-29 - Arbitrator's decision

Current through Supplement No. 393, July, 2024
The arbitrator shall issue an arbitrator's decision which
				  shall constitute resolution of the issues submitted for arbitration, subject to
				  final commission approval. The arbitrator's decision shall include:
1. A summary of the material evidence
				presented;
2. A discussion of the
				issues incorporating the respective positions of each of the parties;
3. A proposed agreement of the
				arbitrated issues; and
4. The
				final recommendation of the arbitrator.
The arbitrator's decision shall be issued no later than nine
				  months from the date of the request for negotiation.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-30 - Submission of an interconnection agreement

Current through Supplement No. 393, July, 2024
The parties shall jointly file with the commission an
				  agreement incorporating the provisions adopted through negotiation and
				  arbitration within thirty days after the filing of the arbitrator's decision.
				  The combined agreement will be referred to as the interconnection agreement.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-31 - Public comments

Current through Supplement No. 393, July, 2024
Any person may file written comments on the interconnection
				  agreement within fifteen days of the date of filing of the agreement with the
				  commission. Each of the arbitrating parties may also file comments within the
				  same timeframe.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-32 - Commission review

Current through Supplement No. 393, July, 2024
Within thirty days following the filing of the
				  interconnection agreement, the commission shall issue a decision approving or
				  rejecting the agreement.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-33 - Applicable laws and rules

Current through Supplement No. 393, July, 2024
The arbitration procedure must be governed by the provisions
				  of the Telecommunications Act of 1996, Public Law No. 104-104, 101 Stat. 56
				  (1996); the North Dakota Administrative Practices Act; North Dakota Century
				  Code chapter 28-32; the commission's rules of practice and procedure; North
				  Dakota Administrative Code article 69-02; and the commission issued guidelines
				  and procedural orders.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-11 - Mediation › Section 69-02-11-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter:
1. "Act" means the federal Telecommunications Act of 1996 [
				  Pub. L. No.
				  104-104 ].
2. "Commission" means the North Dakota public service
				  commission.
3. "Mediation" means an informal, confidential, and
				  nonadversarial process by which a neutral third party assists the parties in
				  reaching their own settlement by enhancing communication, promoting
				  understanding, focusing the parties on the issues, and seeking creative problem
				  solving.
4. "Mediator" means a qualified, neutral, or impartial third
				  party, who assists the parties in reaching a voluntary agreement.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-11 - Mediation › Section 69-02-11-02 - Mediation request

Current through Supplement No. 393, July, 2024
Under section 252(a)(2) of the Act, any party negotiating an
				  agreement for interconnection, services, or network elements pursuant to
				  section 251 of the Act, may at any point in the negotiation request the
				  commission to participate in the negotiation and to mediate any difference
				  between the parties arising in the course of the negotiation.
1. Parties are not required to seek mediation
				by the commission and may employ the services of a private mediator at their
				own expense.
2. A copy of the
				request for negotiation must be filed with the commission at the time the
				request is sent to the incumbent local exchange carrier.
3. The party that files a request for
				mediation with the commission shall deliver a copy of the request with proof of
				service on all parties to the negotiation on the day the request is filed with
				the commission.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-11 - Mediation › Section 69-02-11-03 - Appointment of a mediator

Current through Supplement No. 393, July, 2024
The commission shall appoint a mediator within ten days
				  after a request is filed.
1. The
				parties may select a mutually agreeable mediator and inform the commission in
				writing of the name and qualifications of the mediator. The commission shall
				appoint the mediator selected by the parties unless the commission determines
				for good cause that the mediator should be disqualified.
2. In the event the mediator selected by the
				parties is disqualified or the parties fail to select a mutually agreeable
				mediator, the commission may appoint a member of its own staff or may contract
				with a third party to provide mediation services.
3. If the parties select a mediator or demand
				that mediation services be provided by a third party, the parties shall
				contract for the mediation services and shall be responsible for payment of the
				services. The commission may designate one or more staff personnel to provide
				technical assistance to the mediator.
4. Costs associated with the mediation
				process which are incurred by the commission shall be paid by the
				telecommunications companies involved in the proceeding under subsection 6 of
				North Dakota Century Code section
				49-21-01.7. Costs incurred by the
				parties in contracting for third-party mediation are not costs incurred by the
				commission and must be paid by the parties.
5. The mediator must remain impartial and
				must withdraw from the mediation process if the mediator's impartiality is
				compromised. A commission employee who serves as the mediator will not be
				permitted to participate in the arbitration or approval process for the same
				agreement, unless the parties consent.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07,
					 49-21-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-11 - Mediation › Section 69-02-11-05 - Termination of mediation

Current through Supplement No. 393, July, 2024
Mediation must terminate upon execution of a mediated
				  agreement by the parties, filing of a notice with the commission by a party
				  that mediation is terminated, failure of a party or parties to negotiate in
				  good faith, or notification to the commission by the mediator that further
				  mediation is futile.
1. Any party
				that terminates the mediation proceeding shall provide a detailed explanation
				of its decision in a written declaration to the commission. If the mediator
				terminated the mediation procedure, the mediator must provide a detailed
				explanation why the mediation failed.
2. At any time subsequent to the termination
				of mediation, the parties and the mediator, by agreement, may resume mediation
				to attempt to resolve their differences. If appointment of a new mediator is
				necessary, the mediation must be initiated in the same manner as a new
				mediation.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-11 - Mediation › Section 69-02-11-06 - Applicable laws and rules

Current through Supplement No. 393, July, 2024
The mediation procedure must be governed by the provisions
				  of the Telecommunications Act of 1996, Public Law No. 104-104, 101 Stat. 56
				  (1996); the North Dakota Administrative Practices Act, North Dakota Century
				  Code chapter 28-32; the commission's rules of practice and procedure; North
				  Dakota Administrative Code article 69-02; and the commission issued guidelines
				  and procedural orders.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-04 - Transportation - Loss, Claims, Damages, and Rates › Chapter 69-04-03 - Rail Carrier Rates › Section 69-04-03-01 - Intrastate regulatory standards

Current through Supplement No. 393, July, 2024
Intrastate rail rates will be regulated in accordance with
				  federal standards in effect as of September 1, 1995, prescribed in the
				  Interstate Commerce Act [Title 49, United States Code], corresponding
				  Interstate Commerce Commission rules [Title 49, Code of Federal Regulations],
				  the interstate commerce commission decision In the Matter of Ex Parte 388 A,
				  State Intrastate Rail Rates Authority, Public Law 96-448, Recertification
				  Process, 5 I.C.C. 2d 680 (1989).
General Authority: NDCC
					 49-10.1-03
Law Implemented: NDCC
					 49-10.1-01
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-04 - Transportation - Loss, Claims, Damages, and Rates › Chapter 69-04-03 - Rail Carrier Rates › Section 69-04-03-27 - Procedures for requesting surcharge costs and revenues from rail carriers applying a commodity oriented surcharge or canceling the application of a joint rate [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-01 - General Provisions › Section 69-05.2-01-01 - Applicability of article

Current through Supplement No. 393, July, 2024
This article applies to any person conducting surface coal
				  mining operations; and to all surface coal mining operations conducted after
				  August 1, 1980, on lands from which the coal or commercial leonardite had not
				  yet been removed and to any other lands subject to North Dakota Century Code
				  chapter 38-14.1 or this article.
1.
				This article does not apply to:
a. The
				extraction of coal or commercial leonardite by a landowner for the landowner's
				own noncommercial use from land owned or leased by the landowner.
b. Coal or commercial leonardite removal for
				reclamation operations under North Dakota Century Code chapter
				38-14.2.
c. Coal or commercial
				leonardite extraction as an incidental part of federal, state, or local
				government-financed highway or other construction, except as provided by
				chapter 69-05.2-03.
d. Coal or
				commercial leonardite extraction of two hundred fifty tons [226.80 metric tons]
				or less under a coal exploration permit issued by the office of the state
				geologist.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-01 - General Provisions › Section 69-05.2-01-02 - Definitions

Current through Supplement No. 393, July, 2024
The definitions in North Dakota Century Code section
				  38-14.1-02 apply to this article
				  and the following terms have the specified meaning except where otherwise
				  indicated:
1. "Adjacent area" means
				land located outside the affected area or permit area, depending on the context
				in which "adjacent area" is used, where air, surface or ground water, fish,
				wildlife, vegetation, alluvial valley floors, or other resources may be
				adversely impacted by surface coal mining and reclamation operations.
2. "Affected area" means any land or water
				upon or in which surface coal mining and reclamation operations are conducted
				or located.
3. "Agricultural
				activities" means, with respect to alluvial valley floors, the use of any tract
				of land for the production of animal or vegetable life, where the use is
				enhanced or facilitated by subirrigation or flood irrigation associated with
				alluvial valley floors. These uses include the pasturing, grazing, or watering
				of livestock, and the cropping, cultivation, or harvesting of plants whose
				production is aided by the availability of water from subirrigation or flood
				irrigation. Those uses do not include agricultural practices which do not
				benefit from the availability of water from subirrigation or flood
				irrigation.
4. "Agricultural use"
				means the use of any tract of land for the production of animal or vegetable
				life. The uses include the pasturing, grazing, and watering of livestock, and
				the cropping, cultivation, and harvesting of plants.
5. "Aquifer" means a zone, stratum, or group
				of strata that can store and transmit water in sufficient quantities for a
				specific use.
6. "Best technology
				currently available" means equipment or techniques which will:
a. Prevent, to the extent possible,
				additional contributions of suspended solids to streamflow or runoff outside
				the permit area, but in no event result in contributions of suspended solids in
				excess of requirements set by applicable state law.
b. Minimize, to the extent possible,
				disturbances and adverse impacts on fish, wildlife, and related environmental
				values and achieve enhancement of those resources where practicable.
c. The term includes equipment or techniques
				which are currently available anywhere as determined by the commission, even if
				they are not in routine use.
d. The
				term includes construction practices, siting requirements, vegetative selection
				and planting requirements, animal stocking requirements, scheduling of
				activities, and sedimentation pond design.
e. The commission has the discretion to
				determine the best technology currently available on a case-by-case
				basis.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-01 - General Provisions › Section 69-05.2-01-03 - Promulgation of rules - Notice - Hearing

Current through Supplement No. 393, July, 2024
1. The commission may propose new rules under
				this article or propose amendments or repealers of any rule under this article
				and will hold a public hearing in accordance with the procedures of this
				section.
2. Any person or
				governmental agency may petition the commission to adopt, amend, or repeal any
				rule under this article. Upon receipt of the petition, the commission will
				determine if the petition provides a reasonable basis for proposing the
				issuance, amendment, or repeal of a rule.
3. If the petition has a reasonable basis,
				the commission will propose the rule, amendment, or repealer and hold a public
				hearing on the proposal.
4. The
				commission will issue a notice of the public hearing which will:
a. Furnish a brief explanation of the purpose
				of the proposed rule.
b. Specify a
				location where the text of the proposed rule may be reviewed.
c. Advise all interested persons of the
				opportunity to submit written comments and to appear and testify at the hearing
				to offer oral testimony.
d.
				Provide the address to which written comments may be sent.
e. Specify the date, time, and place of the
				hearing.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-01 - General Provisions › Section 69-05.2-01-04 - Notice of citizen suits

Current through Supplement No. 393, July, 2024
1. A
				person who intends to initiate a civil action on one's own behalf under North
				Dakota Century Code section
				38-14.1-40 shall give notice of
				intent to do so.
2. Notice shall
				be given by certified mail to the commission.
3. Notice shall be given by certified mail to
				the alleged violator, if the complaint alleges a violation of North Dakota
				Century Code chapter 38-14.1, this article, a permit condition, or any
				commission order.
4. Service of
				notice is complete upon mailing to the last-known address of the person being
				notified.
5. A person giving
				notice regarding an alleged violation shall state, to the extent known:
a. Sufficient information to identify the
				provision of North Dakota Century Code chapter 38-14.1, this article, a permit
				or order allegedly violated.
b.
				The act or omission alleged to constitute a violation.
c. The name, address, and telephone numbers
				of the person or persons responsible for the alleged violation.
d. The date, time, and location of the
				alleged violation.
e. The name,
				address, and telephone number of the person giving notice.
f. The name, address, and telephone number of
				legal counsel, if any, of the person giving notice.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-01 - General Provisions › Section 69-05.2-01-05 - Computation of time

Current through Supplement No. 393, July, 2024
1. Except as
				otherwise provided, computation of time is based on calendar days.
2. In computing any period of prescribed
				time, the beginning day is not included. The last day is included unless it is
				a Saturday, Sunday, or legal holiday on which the commission is not open for
				business, in which event the period runs until the end of the next day which is
				not a Saturday, Sunday, or legal holiday.
3. Intermediate Saturdays, Sundays, and legal
				holidays are excluded from the computation when the period is seven days or
				less.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-01 - General Provisions › Section 69-05.2-01-06 - Intervention

Current through Supplement No. 393, July, 2024
1. Any person,
				including any department, agency, or instrumentality of the state, local, or
				federal government, may petition to intervene at any stage of a proceeding
				conducted under North Dakota Century Code chapter 38-14.1 or this article.
2. The petitioner shall
				incorporate a statement setting forth the interest of the petitioner and, where
				required, a showing of why the interest is or may be adversely affected.
3. The commission will grant
				intervention where the petitioner:
a. Had a
				statutory right to initiate the proceeding in which the petitioner wishes to
				intervene; or
b. Has an interest
				which is or may be adversely affected by the outcome of the proceeding.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-01 - General Provisions › Section 69-05.2-01-07 - Petitions for award of costs and expenses - Answer -Awards - Judicial review

Current through Supplement No. 393, July, 2024
1. Any person may
				file a petition for an award of costs and expenses, including attorneys' fees,
				reasonably incurred as a result of participation in any administrative
				proceeding under North Dakota Century Code chapter 38-14.1 or this article,
				which results in a final order being issued by the commission.
2. The petition must be filed within
				forty-five days after receipt of the order. Failure to timely file may
				constitute a waiver of the right to an award.
3. The petition must include the name of the
				person from whom costs and expenses are sought, and:
a. An affidavit setting forth in detail all
				costs and expenses, including attorneys' fees, reasonably incurred for, or in
				connection with, participation in the proceeding;
b. Receipts or other evidence of those costs
				and expenses; and
c. Where
				attorneys' fees are claimed, evidence concerning the hours expended, the
				customary commercial rate for similar services in the area, and the experience,
				reputation, and ability of the individuals performing the services.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-02 - Restrictions on Financial Interests of Employees › Section 69-05.2-02-01 - Powers and duties of the commission relative to restrictions on financial interests

Current through Supplement No. 393, July, 2024
The commission will:
1. Advise, assist, and guide employees
				required to file statements under section
				69-05.2-02-02.
2. Promptly review the statement filed by an
				employee on prohibited financial interests.
3. Resolve prohibited financial interests by
				remedial action or by reporting the violations to the director of the office of
				surface mining reclamation and enforcement who is responsible for seeking
				penalties.
4. Certify that each
				statement has been reviewed and any prohibited financial interests resolved.
5. Furnish a blank statement
				forty-five days before the filing date established by subsection 1 of section
				69-05.2-02-04 to each employee
				required to file a statement.
6.
				Annually inform each employee required to file a statement of the name,
				address, and telephone number of the person they may contact for advice and
				counseling.
General Authority: NDCC
					 38-14.1-38
Law Implemented: NDCC
					 38-14.1-38
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-02 - Restrictions on Financial Interests of Employees › Section 69-05.2-02-02 - Duties of employees relative to restrictions on financial interests

Current through Supplement No. 393, July, 2024
Employees performing functions or duties under North Dakota
				  Century Code chapter 38-14.1 shall:
1. Have no prohibited financial interests.
2. File a complete statement of
				employment and financial interest with the commission upon beginning employment
				and annually thereafter on the filing date.
3. Comply with directives issued by persons
				responsible for approving each statement and with directives issued by persons
				responsible for ordering remedial action.
General Authority: NDCC
					 38-14.1-38
Law Implemented: NDCC
					 38-14.1-38
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-02 - Restrictions on Financial Interests of Employees › Section 69-05.2-02-03 - Penalty for failure to file statement

Current through Supplement No. 393, July, 2024
An employee who fails to file the required statement is
				  subject to removal.
General Authority: NDCC
					 38-14.1-38
Law Implemented: NDCC
					 38-14.1-38
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-02 - Restrictions on Financial Interests of Employees › Section 69-05.2-02-04 - Filing dates

Current through Supplement No. 393, July, 2024
1. Employees
				performing functions or duties under North Dakota Century Code chapter 38-14.1
				shall file annually on February first or other date provided by the commission.
2. New employees hired, appointed,
				or transferred to perform functions or duties under North Dakota Century Code
				chapter 38-14.1 are required to fileupon beginning employment.
3. New employees are not required to file an
				annual statement on the subsequent annual filing date if this date occurs
				within two months after filing their initial statement.
General Authority: NDCC
					 38-14.1-38
Law Implemented: NDCC
					 38-14.1-38
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-02 - Restrictions on Financial Interests of Employees › Section 69-05.2-02-05 - Reporting requirements

Current through Supplement No. 393, July, 2024
1. Each
				employee required to file a statement shall report40 , on the form provided by
				the commission40 , all employment and financial interests of the employee, the
				employee's spouse, minor children, or other relatives who are full-time
				residents of the employee's home.
2. All of the following financial interests
				must be listed:
a. Employment. Any continuing
				financial interests in business entities and nonprofit organizations through a
				pension or retirement plan, shared income, salary, or other income arrangement
				as a result of prior or current employment. The employee, the employee's
				spouse, or other resident relative is not required to report a retirement plan
				from which the employee will receive a guaranteed income. A guaranteed income
				is one unlikely to be changed as a result of commission actions.
b. Securities. Any financial interest in
				business entities and nonprofit organizations through ownership of stock, stock
				options, bonds, securities or other arrangements, including trusts. An employee
				is not required to report holdings in widely diversified mutual funds,
				investment clubs, or regulated investment companies not specializing in
				underground and surface coal mining operations.
c. Real property. Ownership, lease, royalty,
				or other interests or rights in land or minerals. Employees are not required to
				report lands developed and occupied for a personal residence.
d. Creditors. Debts owed to business entities
				and nonprofit organizations. Employees are not required to report debts owed to
				financial institutions, such as banks, savings and loan associations, and
				credit unions, which are chartered to provide commercial or personal credit.
				Also excluded are charge accounts and similar short-term debts for current and
				ordinary household and living expenses.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-02 - Restrictions on Financial Interests of Employees › Section 69-05.2-02-06 - Gifts and gratuities

Current through Supplement No. 393, July, 2024
1. Except
				as provided in subsection 2, employees shall not solicit or accept, directly or
				indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing
				of monetary value from a coal or commercial leonardite company which:
a. Conducts, or is seeking to conduct,
				operations or activities regulated by the commission; or
b. Has interests that may be substantially
				affected by the performance or nonperformance of the employee's official
				duty.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-02 - Restrictions on Financial Interests of Employees › Section 69-05.2-02-07 - Remedial action to resolve prohibited interests

Current through Supplement No. 393, July, 2024
1. Remedial action to effect resolutions. If
				an employee has a prohibited financial interest, the commission will promptly
				order the employee to resolve it within ninety days.
a. Reassignment to a position having no
				function or duty under North Dakota Century Code chapter 38-14.1;
b. Divestiture of the prohibited financial
				interest; or
c. Other appropriate
				action which either eliminates the prohibited interest or eliminates the
				situation which creates the conflict.