reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-29 - License or permit requirement for operation of an off-highway vehicle

Current through Supplement No. 393, July, 2024
Except as provided in North Dakota Century Code section
				  39-29-10, an individual may not
				  operate an off-highway vehicle without having in possession a valid driver's
				  license or permit. Any person who violates this section is guilty of a class 3
				  noncriminal offense.
General Authority: NDCC
					 28-32-01,
					 39-29-08(3),
					 55-08-01.3
Law
					 Implemented: NDCC
					 39-29-08(3),
					 55-08-01.3
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-30 - Helmet requirements on an off-highway vehicle

Current through Supplement No. 393, July, 2024
An individual under the age of eighteen years may not
				  operate, ride, or otherwise be propelled on an off-highway vehicle unless the
				  person wears a safety helmet meeting United States department of transportation
				  standards. Any person who violates this section is guilty of a class 3
				  noncriminal offense.
General Authority: NDCC
					 28-32-01,
					 39-29-08(3),
					 55-08-01.3
Law
					 Implemented: NDCC
					 39-29-08(3),
					 55-08-01.3
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-31 - Liability insurance requirements for operation of an off-highway vehicle

Current through Supplement No. 393, July, 2024
A person may not drive, or the owner may not cause or
				  knowingly permit to be driven, a motor vehicle in this state without a valid
				  policy of liability insurance in effect in order to respond in damages for
				  liability arising out of the ownership, maintenance, or use of that motor
				  vehicle in the amount required by North Dakota Century Code chapter 39-16.1.
				  Any person who violates this section is guilty of a noncriminal offense and
				  shall pay a one hundred fifty dollar fee.
General Authority: NDCC
					 28-32-01,
					 39-29-08(3),
					 55-08-01.3
Law
					 Implemented: NDCC
					 39-08-20,
					 39-29-08(3),
					 55-08-01.3
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-32 - Age requirements for operation of an off-highway vehicle

Current through Supplement No. 393, July, 2024
Except as otherwise provided in this section, an individual
				  under sixteen years of age who is not in possession of a valid operator's
				  license or permit to operate an off-highway vehicle may not operate an
				  off-highway vehicle, except upon the lands of the individual's parent or
				  guardian or as a participant in an organized sporting event that involves the
				  use of off-highway vehicles. An individual at least twelve years of age may
				  operate an off-highway vehicle if the individual has completed an off-highway
				  vehicle safety training course prescribed by the director of the parks and
				  recreation department and has received the appropriate off-highway vehicle
				  safety certificate issued by the director of the department of transportation.
				  The failure of an operator to exhibit an off-highway vehicle safety certificate
				  on demand to any official authorized to enforce this chapter is presumptive
				  evidence that that person does not hold a certificate. Fees collected from each
				  individual receiving certification must be deposited in the off-highway vehicle
				  trail tax fund for off-highway vehicle safety education and training programs.
				  Any person who violates this section is guilty of a class 3 noncriminal
				  offense.
General Authority: NDCC
					 28-32-01,
					 39-29-08(3),
					 55-08-01.3
Law
					 Implemented: NDCC
					 39-29-08(3),
					 55-08-01.3
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-33 - Careless operation of a snowmobile or off-highway vehicle

Current through Supplement No. 393, July, 2024
A snowmobile or off-highway vehicle is operated in a
				  negligent manner when it is operated at a speed greater than is reasonable or
				  proper under all the surrounding circumstances, when it is operated with want
				  of ordinary care and diligence under all the surrounding circumstances, or when
				  it is operated in a way that is not reasonable or prudent under the conditions
				  or without regard to the actual or potential hazards then existing. Any person
				  who violates this section is guilty of a class B misdemeanor.
General Authority: NDCC
					 28-32-01,
					 39-24-08(3),
					 39-29-08(3),
					 55-08-01.3
Law
					 Implemented: NDCC
					 39-24-08(3),
					 39-29-08(3),
					 55-08-01.3
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-34 - Reckless operation of a snowmobile or off-highway vehicle

Current through Supplement No. 393, July, 2024
A snowmobile or off-highway vehicle is operated in a reckless
				  manner when it is operated recklessly in disregard of the rights or safety of
				  others or without due caution and circumspection and at a speed or in a manner
				  so as to endanger or be likely to endanger any person or the property of
				  another. Any person who violates this section is guilty of a class B
				  misdemeanor.
General Authority: NDCC
					 28-32-01,
					 39-24-08(3),
					 39-29-08(3),
					 55-08-01.3
Law
					 Implemented: NDCC
					 39-24-08(3),
					 39-29-08(3),
					 55-08-01.3
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-35 - Negligent operation of a snowmobile or off-highway vehicle

Current through Supplement No. 393, July, 2024
A snowmobile or off-highway vehicle is operated in a
				  negligent manner when it is operated at a speed greater than is reasonable or
				  proper under all the surrounding circumstances, when it is operated with want
				  of ordinary care and diligence under all the surrounding circumstances, or when
				  it is operated in a way that is not reasonable or prudent under the conditions
				  or without regard to the actual or potential hazards then existing. Any person
				  who violates this section is guilty of a class B misdemeanor.
General Authority: NDCC
					 28-32-01,
					 39-24-08(3),
					 39-29-08(3),
					 55-08-01.3
Law
					 Implemented: NDCC
					 39-24-08(3),
					 39-29-08(3),
					 55-08-01.3
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-36 - Authority - Snowmobile and off-highway vehicle use

Current through Supplement No. 393, July, 2024
The director of the parks and recreation department adopts
				  sections 58-02-08-19 through
				  58-02-08-35 to regulate the use of
				  snowmobiles and off-highway vehicles in state parks; on trails maintained,
				  leased, or owned by the state parks and recreation department; or on other land
				  owned, leased, or otherwise administered by the director, for the protection
				  and care of all persons and property owners affected by that use. Penalties for
				  violating sections
				  58-02-08-19 through
				  58-02-08-35 shall be as otherwise
				  provided by law.
General Authority: NDCC
					 28-32-01,
					 39-24-08(3),
					 39-29-08(3),
					 55-08-01.3
Law
					 Implemented: NDCC
					 39-24-08(3),
					 39-29-08(3),
					 55-08-01.3
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-03 - Land and Water Conservation Fund › Chapter 58-03-01 - Guidelines for Federal Assistance for Outdoor Recreation › Section 58-03-01-01 - Preapplication procedure for land and water conservation funds

Current through Supplement No. 393, July, 2024
A preapplication form and brochure is available to determine
				  sponsorship and project eligibility.
General Authority:
NDCC
				  55-08-01.3
Law Implemented:
NDCC
				  55-08-01.3,
				  55-08-03.1
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-03 - Land and Water Conservation Fund › Chapter 58-03-01 - Guidelines for Federal Assistance for Outdoor Recreation › Section 58-03-01-02 - Application procedure for land and water conservation funds

Current through Supplement No. 393, July, 2024
After approval of sponsorship and project eligibility, a
				  booklet is provided listing the required federal forms and information.
General Authority:
NDCC
				  55-08-01.3
Law Implemented:
NDCC
				  55-08-01.3,
				  55-08-03.1
North Dakota Administrative Code › Title 59 - Parole Board

Current through Supplement No. 393, July, 2024
The Parole Board is not an administrative agency as defined by
		  North Dakota Century Code section   28-32-01. Therefore, the board is not subject
		  to the Administrative Agencies Practice Act (North Dakota Century Code chapter
		    28-32) and any rules the board may have adopted are not published in the North
		  Dakota Administrative Code.
North Dakota Administrative Code › Title 59.5 - State Personnel Board › Article 59.5-01 - General Administration › Chapter 59.5-01-01 - Organization of Board › Section 59.5-01-01-01 - Organization of state personnel board

Current through Supplement No. 393, July, 2024
1.
History and functions.
The 1975 legislative assembly passed a Central Personnel System Act, codified as North Dakota Century Code chapter  54-44.3. The Act created the state personnel board which oversees the development and administration of a unified system of personnel administration for the classified service of the state.
The board is an administrative agency separate from human resource management services of the office of management and budget, although the board and the division work closely together. The board adopts its own rules, but also reviews the division's rules. Additionally, the board can review and change pay ranges and classifications assigned to positions. The board may approve positions not to be included in the classified service.
The state personnel board also serves as the North Dakota merit system council. In this capacity the board regulates the personnel policies and practices of the state agencies which are by statute subject to the merit system. The board's regulation of merit system agencies includes approving rules established by the director of human resource management services serving as the director of the merit system council, and conducting hearings on complaints arising from compensation and pay grade.
2.
Board membership.
The board is composed of the director of human resource management services who is the chairperson; two members appointed by the governor, one of whom must have a professional human resource background; and two members elected by classified employees. The terms of all members, except the chairperson, are six years. Any vacancy in office is filled for the unexpired term in the same manner as the selection of the person vacating the office.
3.
Meetings.
The board organizes annually at the first meeting of each fiscal year. It elects a vice chairman to serve for a term of one year. It shall meet at least once a year and at such times and places as are specified by call of the chairman or any three members of the board. All meetings are open to the public with reasonable notice provided by human resource management services. Three members constitute a quorum for the transaction of business. Three favorable votes are necessary for the passage of any resolution or taking of any official action by the board at any meeting.
4.
Board office.
All requests for information or forms required by the rules and all submissions of appeal materials must be mailed to this address postage prepaid:
State Personnel Board
c/o Director, Human Resource Management Services
600 East Boulevard Avenue, Dept. 113
Bismarck, ND 58505-0120
General Authority: NDCC 54-44.3
Law Implemented: NDCC 54-44.3
North Dakota Administrative Code › Title 59.5 - State Personnel Board › Article 59.5-03 - Appeal Procedures › Chapter 59.5-03-02 - Classification and Pay Grade Appeals › Section 59.5-03-02-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to all employees who have satisfactorily completed their probationary period and who are in positions classified by human resource management services. Additionally, this chapter applies to state and local government agencies, departments, institutions, and boards and commissions that employ individuals in positions classified by human resource management services.
General Authority: NDCC 54-44.3-07(1)
Law Implemented: NDCC 54-44.3-07(3)
North Dakota Administrative Code › Title 59.5 - State Personnel Board › Article 59.5-03 - Appeal Procedures › Chapter 59.5-03-02 - Classification and Pay Grade Appeals › Section 59.5-03-02-01.1 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter  54-44.3, except that:
1. "Regular employee" means a person who has completed the probationary period and who is in a position classified by human resource management services.
2. "Working days" means Monday through Friday exclusive of holidays.
General Authority: NDCC 54-44.3-07(1)
Law Implemented: NDCC 54-44.3-07(3)
North Dakota Administrative Code › Title 59.5 - State Personnel Board › Article 59.5-03 - Appeal Procedures › Chapter 59.5-03-02 - Classification and Pay Grade Appeals › Section 59.5-03-02-02 - Classification appeal procedure

Current through Supplement No. 393, July, 2024
1. A regular
				employee or an appointing authority may appeal a classification decision made
				by human resource management services if one of the following is alleged:
a. Human resource management services did not
				give due consideration to information presented.
b. Human resource management services did not
				follow chapter 4-07-03.
c. The
				decision of human resource management services was made in a discriminatory
				manner as defined in North Dakota Century Code section 14-02.4-01.
The appeal to the state personnel board must be received by
				  human resource management services staff by the close of business fifteen
				  working days from the date of the written decision of the division. The appeal
				  must be in writing and state the reason for the appeal.
North Dakota Administrative Code › Title 59.5 - State Personnel Board › Article 59.5-03 - Appeal Procedures › Chapter 59.5-03-02.1 - Pay Grade Appeals › Section 59.5-03-02.1-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to all employees who have satisfactorily completed their probationary period and who are in positions classified by human resource management services. Additionally, this chapter applies to state and local government agencies, departments, institutions, and boards and commissions that employ individuals in positions classified by human resource management services.
General Authority: NDCC 54-44.3-07(1)
Law Implemented: NDCC 54-44.3-07(3)
North Dakota Administrative Code › Title 59.5 - State Personnel Board › Article 59.5-03 - Appeal Procedures › Chapter 59.5-03-02.1 - Pay Grade Appeals › Section 59.5-03-02.1-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter  54-44.3, except that:
1. "Regular employee" means a person who has completed the probationary period and who is in a position classified by human resource management services.
2. "Working days" means Monday through Friday exclusive of holidays.
General Authority: NDCC 54-44.3-07(1)
Law Implemented: NDCC 54-44.3-07(3)
North Dakota Administrative Code › Title 59.5 - State Personnel Board › Article 59.5-03 - Appeal Procedures › Chapter 59.5-03-02.1 - Pay Grade Appeals › Section 59.5-03-02.1-03 - Pay grade appeal procedure

Current through Supplement No. 393, July, 2024
1. A regular
				employee or an appointing authority may appeal to the state personnel board the
				pay grade assigned to a class by human resource management services if one of
				the following is alleged:
a. Human resource
				management services did not give due consideration to information
				presented.
b. Human resource
				management services did not follow chapter 4-07-03.
c. The decision of human resource management
				services was made in a discriminatory manner as defined in North Dakota Century
				Code section 14-02.4-01.
The appeal to the state personnel board must be received by
				  human resource management services staff by the close of business fifteen
				  working days from the date of the written decision of the division. The appeal
				  must be in writing and state the reason for the appeal.
North Dakota Administrative Code › Title 59.5 - State Personnel Board › Article 59.5-04 - Classification and Compensation Plans › Chapter 59.5-04-01 - Classification and Compensation Plan Review › Section 59.5-04-01-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter outlines the review procedures for the state classification plan and the compensation plan.
General Authority: NDCC 54-44.3
Law Implemented: NDCC 54-44.3-12
North Dakota Administrative Code › Title 59.5 - State Personnel Board › Article 59.5-04 - Classification and Compensation Plans › Chapter 59.5-04-01 - Classification and Compensation Plan Review › Section 59.5-04-01-02 - Classification plan review

Current through Supplement No. 393, July, 2024
Periodically, but not less than annually, human resource management services shall notify the board of additions and deletions to the currently approved classification plan as instituted by human resource management services. In addition, the board may approve positions not to be included in the classified service when deemed inappropriate by human resource management services.
General Authority: NDCC 54-44.3
Law Implemented: NDCC 54-44.3-07
North Dakota Administrative Code › Title 59.5 - State Personnel Board › Article 59.5-04 - Classification and Compensation Plans › Chapter 59.5-04-01 - Classification and Compensation Plan Review › Section 59.5-04-01-03 - Compensation plan review

Current through Supplement No. 393, July, 2024
After the legislative session, but prior to July first of the new biennium, the director, human resource management services, shall submit a state compensation plan for each year of the biennium to the board for review, modification, and adoption. This plan must be developed by human resource management services based upon the funds appropriated by the legislative assembly for salaries.
General Authority: NDCC 54-44.3
Law Implemented: NDCC 54-44.3-12.1
North Dakota Administrative Code › Title 59.5 - State Personnel Board › Article 59.5-05 - Severability › Chapter 59.5-05-01 - Severability › Section 59.5-05-01-01 - Severability

Current through Supplement No. 393, July, 2024
If any provision of title 59.5 or application thereof to any person or circumstances is held invalid, such invalidity may not affect other provisions or applications of these rules which can be given effect without the invalid provision or application, and to this end the provisions of these rules are declared to be severable.
General Authority: NDCC 54-44.3
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-01 - General Administration › Chapter 60-01-01 - Organization of Board › Section 60-01-01-01 - Organization and purpose of pesticide control board

Current through Supplement No. 393, July, 2024
1.
History.
The 1975 legislative assembly created the pesticide
				control board by legislation codified as North Dakota Century Code chapter
				 4-35. The purpose of the legislation
				is to regulate, in the public interest, the distribution, storage,
				transportation, disposal, and use and application of pesticides to control
				pests.
2.
Board membership.
The pesticide control board consists of the agriculture commissioner,
				who is chairman of the board; the director of the North Dakota state university
				extension service; and the director of the agricultural experiment station at
				North Dakota state university of agriculture and applied science.
3.
Enforcement responsibility.
The agriculture commissioner is responsible for the enforcement of North
				Dakota Century Code chapter
				 4-35.
4.
Inquiries.
General inquiries
				regarding the pesticide control board may be addressed to:
Agriculture Commissioner, Chairman
Pesticide Control Board
North Dakota Department of Agriculture
600 East Boulevard
State Capitol, 6th Floor
Bismarck, North Dakota 58505-0020
(701)328-2231; e-mail ndda@state.nd.us
General Authority: NDCC 28-32-02.1
Law Implemented: NDCC 28-32-02.1
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-01 - General Provisions › Section 60-02-01-01 - Scope

Current through Supplement No. 393, July, 2024
The provisions of this article shall apply to all hearings
				  held by the commissioner for the purposes of adjudicating the rights of parties
				  under North Dakota Century Code chapter
				   4-35. This article shall provide
				  procedures in addition to or in explanation of those procedures provided by
				  North Dakota Century Code chapters
				   4-35 and
				   28-32.
General Authority:
NDCC
				   4-35-06,
				   28-32-02
Law Implemented:
NDCC
				   4-35-15,
				   28-32-02
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-01 - General Provisions › Section 60-02-01-02 - Liberal construction

Current through Supplement No. 393, July, 2024
This article shall be liberally construed in order to secure
				  just, speedy, and inexpensive determination of the issues presented.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-02
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-01 - General Provisions › Section 60-02-01-03 - Suspension of article

Current through Supplement No. 393, July, 2024
The commissioner or any hearing officer shall have the right,
				  upon either the commissioner's or hearing officer's own motion or the motion of
				  any party, to suspend the operation and effect of this article or any portion
				  thereof, whenever the public interest or the interests of any party to a
				  proceeding shall not be substantially prejudiced by such suspension.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-02
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-01 - General Provisions › Section 60-02-01-04 - Definitions

Current through Supplement No. 393, July, 2024
As used in this article, the following words shall have the
				  meaning given to them below, unless otherwise made inappropriate by context:
1. "Certification" means a private applicator's certification
				  granted under the provisions of North Dakota Century Code section
				   4-34-14.
2.
				  "Commissioner" means the North Dakota commissioner of agriculture.
3. "Department" means the North Dakota department of agriculture.
4. "Hearing officer" or "officer" means the person appointed by
				  the board to call and conduct a hearing.
5. "License" means a
				  commercial applicator or dealer license issued under the provisions of North
				  Dakota Century Code section
				   4-35-09 or
				   4-35-12.
6. "Order"
				  means any written command or direction made by the board as provided by law.
7. "Person" means any real person, county, municipality, or other
				  political subdivision, department, agency, or commission, any public or private
				  corporation, any partnership, association, or other organization, any receiver,
				  trustee, assignee, or other legal entity, other than a court of law, or other
				  legal representative of the foregoing but does not include the board.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-02
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-01 - General Provisions › Section 60-02-01-05 - Case numbers and title

Current through Supplement No. 393, July, 2024
Each matter coming formally before the commissioner for
				  hearing will be known as a case and shall be given a docket number and title,
				  descriptive of the subject matter. Such number and title shall be used on all
				  papers in the case, and as far as possible, any communication to the
				  commissioner in any particular case shall bear the number of the case.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-02
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-01 - General Provisions › Section 60-02-01-06 - Personal appearances

Current through Supplement No. 393, July, 2024
Participants may appear in any proceeding in person or by an
				  attorney or other representative qualified under subsection 3 of section 60-02-01-07. An individual may
				  appear in the individual's own behalf, a member of a partnership may represent
				  the partnership, a bona fide officer or duly authorized employee of a
				  corporation, association, or group may represent the corporation, association,
				  or group, and an officer or employee of a state agency, a department or
				  political subdivision of the state, or other governmental authority may
				  represent the state agency or the department or the political subdivision of
				  the state or other governmental authority in any proceeding.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-05
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-01 - General Provisions › Section 60-02-01-07 - Practice before the commissioner

Current through Supplement No. 393, July, 2024
1.
Person in
				own interest.
Any person may appear before the commissioner in the
				person's own right if the person has a bona fide interest in the subject matter
				of the proceeding.
2.
Attorneys.
Attorneys at law who are admitted to practice before
				the courts of the state of North Dakota may represent any party to a
				proceeding. Any member of the bar of another state may be permitted by the
				commissioner to appear in and conduct a case or proceeding while retaining
				residence in another state.
3.
Other persons.
Any other person who shall file proof to the
				satisfaction of the commissioner that the person is possessed of necessary
				legal or technical qualifications to enable the person to render valuable
				service may be permitted to practice before the commissioner.
4.
Rules of conduct.
All persons
				appearing before the commissioner must conform to the standards of ethical
				conduct required of practitionersbefore the courts of the state of North
				Dakota.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-05
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-01 - General Provisions › Section 60-02-01-08 - Parties

Current through Supplement No. 393, July, 2024
1.
Complainant.
Persons who
				complain of any act or omission in violation of any statute or regulation shall
				be styled complainants.
2.
Intervenor.
Persons petitioning to intervene when admitted as a
				participant to a proceeding shall be styled intervenors. Admission as an
				intervenor shall not be construed as recognition by the commissioner that such
				intervenor might be aggrieved by any order of the commissioner in such
				proceeding.
3.
Parties.
Any person whose legal rights, duties, or privileges may be determined
				in the case for which the hearing may be held shall be a party. When a hearing
				is held pursuant to a request for a hearing, the person making the request
				shall be a party. The commissioner shall be a party in any action to enforce
				any regulation, statute, or other of the commissioner. Any person who has
				properly intervened in a case shall be a party.
4.
Petitioner.
Any person
				seeking reconsideration, as provided by law, of any administrative action taken
				pursuant to law and this article shall be styled the petitioner.
5.
Respondent.
Any person
				against whom any complaint is filed or order issued under this article shall be
				styled the respondent.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-05
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-01 - General Provisions › Section 60-02-01-09 - Investigation on commissioner's own motion

Current through Supplement No. 393, July, 2024
The commissioner may at any time, upon the commissioner's own
				  motion, or upon the complaint of any person, institute investigations and order
				  hearings in any thing done by any person which the commissioner may believe is
				  in violation of the law or any regulation or order of the commissioner. The
				  commissioner may secure and present such evidence as it may consider necessary
				  or desirable in any proceeding in addition to the evidence presented by any
				  other party.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-08
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-01 - General Provisions › Section 60-02-01-10 - Computation of time

Current through Supplement No. 393, July, 2024
1. In determining
				the day upon which an answer must be served pursuant to North Dakota Century
				Code section
				 28-32-05, the day of the hearing
				and the last day upon which an answer may properly be received shall not be
				included in computing the required three-day time period. If the day upon which
				the answer is due falls on a Saturday, Sunday, or legal holiday, the answer
				shall be due on the preceding business day.
2. In computing any period of time prescribed
				or allowed by this article, other than that time period set out in subsection
				1, the day of the act, event, or default after which the designated period of
				time begins to run is not to be included. The last day of the period so
				computed is to be included, unless it is a Sunday or legal holiday, in which
				event the period runs until the end of the next day which is neither a Sunday
				nor a holiday. When the period of time prescribed or allowed is less than seven
				days, intermediate Sundays and holidays shall be excluded in the computation.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-05
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-01 - General Provisions › Section 60-02-01-11 - Service

Current through Supplement No. 393, July, 2024
For the purposes of this article, service or filing shall be
				  deemed to have occurred upon actual receipt of the document served or filed.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-05
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-01 - General Provisions › Section 60-02-01-12 - Record

Current through Supplement No. 393, July, 2024
Unless any party demands otherwise at least ten days prior to
				  the date of hearing, a written summary record or tape recording of the
				  proceeding will be made and filed. If demanded, the commissioner shall cause a
				  verbatim transcript to any proceedings to be made at the expense of the
				  demanding parties. The time period required herein shall be computed, as nearly
				  as practicable, by that method specified in section 60-02-01-10.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-12
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-02 - Pleadings › Section 60-02-02-01 - Informal complaint

Current through Supplement No. 393, July, 2024
Informal complaints may be made orally or in writing
				  addressed to the commissioner. Letters of complaint to the commissioner will be
				  considered as informal complaints. Matters thus represented will be handled by
				  correspondence or by other informal communications, or by conference with the
				  party or parties complained of, or by formal investigation instituted by the
				  commissioner upon the commissioner's own motion, or in such other manner as the
				  commissioner shall deem to be appropriate and warranted by the facts and the
				  nature of the complaint in an endeavor to bring about satisfaction of the
				  complaint without formal hearing.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-07
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-02 - Pleadings › Section 60-02-02-02 - Formal complaints

Current through Supplement No. 393, July, 2024
1. Complaints shall
				be made by the commissioner on the commissioner's own motion by complaint in
				writing, setting forth any act or thing done or omitted to be done in violation
				or claimed to be violation of any provision of law or of any rule, regulation,
				or order of the commissioner.
2.
				Each formal complaint shall show the venue, "before the North Dakota department
				of agriculture" and shall contain a heading, "in the matter of", showing the
				name and address of the respondent. The complaint shall be so drawn as to fully
				and completely advise the respondent or the commissioner of the facts
				constituting the ground of the complaint; the provisions of the statutes,
				regulations, or order relied upon; the injury complained of; and shall contain
				a clear, concise statement of the relief sought.
3. The commissioner shall serve a true copy
				of the complaint and notice for hearing upon the respondent personally, or by
				registered or certified mail, as the commissioner may determine, in such time
				as provided by law before the time specified for hearing thereof unless the
				service of such complaint or notice of hearing 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. However, in case of an
				emergency the commissioner shall notice a proceeding for hearing upon its
				merits as provided by law.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-05
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-02 - Pleadings › Section 60-02-02-03 - Order to show cause

Current through Supplement No. 393, July, 2024
1. The commissioner
				may, by order, compel any person who the commissioner believes is violating any
				law, regulation, or order of the commissioner subject to enforcement by this
				article, or any person who has been granted a license or certification, to show
				cause why such law, regulation, or order should not be enforced against such
				person or why such license or certification should not be suspended, revoked,
				or modified, either in whole or in part.
2. An order to show cause shall specifically
				advise the respondent of the facts of the violation and law applicable thereto
				and of the time and place of the hearing to be conducted on the order.
3. If the commissioner finds that
				the respondent is committing or is about to commit an alleged violation, the
				commissioner may order the respondent to cease and desist from the acts
				constituting the violation. The commissioner may also, or in lieu thereof,
				enter any other just and reasonable order.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-05
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-02 - Pleadings › Section 60-02-02-04 - Petition for hearing

Current through Supplement No. 393, July, 2024
Any petitioner requesting the commissioner to review by
				  hearing, as provided by law, any commissioner action, rule, or regulation shall
				  file with the commissioner a petition, which may be in letter form, advising
				  the commissioner of the facts constituting the grounds for the petition, the
				  injury complained of, and a clear and concise statement of the relief sought.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-05
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-02 - Pleadings › Section 60-02-02-05 - Answers

Current through Supplement No. 393, July, 2024
1. Each answer filed with the commissioner
				shall be designated as an "answer" and shall contain the correct title of the
				proceeding, a specific denial of such material allegations of the complaint as
				are controverted by the respondent, and a statement of any new matter which may
				constitute a defense. If the answering party has no information or belief upon
				the subject sufficient to enable the answering party to answer an allegation of
				the complaint, the answering party may so state in the answer and place the
				denial upon that ground. The filing of an answer will not be deemed an
				admission of the sufficiency of the complaint.
2. An answer must be signed and verified by
				the respondent filing the answer.
3. Two true and correct copies of the answer
				shall be served upon the commissioner personally or by registered mail, at
				least three days before the time specified in the complaint for hearing.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-05
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-02 - Pleadings › Section 60-02-02-06 - Response to petition for hearing

Current through Supplement No. 393, July, 2024
1. Upon receiving a
				petition for hearing upon any matter, as provided by law, the commissioner
				shall, within thirty days of such receipt, serve upon the petitioner a response
				to the petition. The response may be in letter form and shall state the
				decision of the commissioner whether or not to hold the requested hearing. If a
				hearing is granted, the response shall state the date upon which the
				petitioning party may appear to be heard, and such other conditions of the
				hearing as the commissioner may determine. If the requested hearing is denied,
				the reasons for such denial shall be clearly stated. This subsection shall not
				apply to hearings on emergency orders.
2. Upon receiving a petition for hearing
				pursuant to an emergency order, as provided by law, the commissioner shall set
				a date for hearing to be held within ten days of receipt of such petition and
				shall notify the petitioner of such date and of such other conditions of the
				hearing as the commissioner shall determine.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-05
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-02 - Pleadings › Section 60-02-02-07 - Intervention

Current through Supplement No. 393, July, 2024
In any formal proceeding, any person having a substantial
				  interest in the subject matter of such proceeding may petition for leave to
				  intervene in such proceeding and may become a party thereto upon compliance
				  with the provisions of this section. In general, such petitions will not be
				  granted unless it shall be found that such person has a statutory right to be
				  made a party to such proceedings or that such person has a property, financial,
				  or other legally-recognizable interest which may not be adequately represented
				  by existing parties, and such intervention would not unduly broaden the issues
				  or delay the proceeding.
1. A
				petition for leave to intervene shall be in writing, unless made at the
				commencement of a hearing, and must set forth the grounds of the proposed
				intervention, the position and interest of the petitioner in the proceeding,
				and whether the petitioner's position is in support of or in opposition to the
				relief sought.
2. A written
				petition for leave to intervene in any proceeding may be filed prior to or at
				the commencement of the hearing, but not after commencement, except for good
				cause shown.
3. The petitioner
				shall furnish a copy of any written petition to each party to the proceeding,
				including the commissioner.
4.
				Admission as an intervenor shall not be construed as recognition by the
				commissioner that such intervenor might be aggrieved by any act of the
				commissioner in such proceeding.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-05
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-02 - Pleadings › Section 60-02-02-08 - Amendments

Current through Supplement No. 393, July, 2024
The commissioner, prior to any hearing, or the hearing
				  officer during any hearing, may, after notice to the other parties to a
				  proceeding, allow any pleading to be amended or corrected or any omission
				  therein to be supplied, provided that if any such amendment, when allowed, so
				  alters or broadens the issues that it appears proper, the commissioner may
				  permit any party affected thereby a reasonable time to prepare to meet the
				  changed issues.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-05
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-02 - Pleadings › Section 60-02-02-09 - Withdrawal of pleading

Current through Supplement No. 393, July, 2024
A party desiring to withdraw a pleading filed with the
				  commissioner may file a notice of withdrawal thereof with the commissioner. The
				  notice shall set forth the reason for the withdrawal. A copy of the withdrawal
				  notice must be served upon all other parties to the proceeding and a
				  certificate of service to that effect filed with the notice of withdrawal.
				  Withdrawal of any pleading in any proceeding in which a hearing has been held
				  or convened shall not be allowed without express permission of the
				  commissioner.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-05
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-02 - Pleadings › Section 60-02-02-10 - Motions

Current through Supplement No. 393, July, 2024
After a complaint or petition has been served, a request may
				  be made by motion for any procedural or interlocutory ruling or relief proper
				  and desired. All motions not made in the course of a hearing shall be in
				  writing and shall be served on the other parties to the hearing by the moving
				  party.
1. The commissioner, prior or
				subsequent to any hearing, or the hearing officer during any hearing, may set
				any motion for oral argument.
2.
				The hearing officer designated to preside at a hearing is authorized to rule
				upon any motion not formally acted upon by the commissioner prior to the
				commencement of the hearing, wherein the immediate ruling is essential in order
				to proceed with the hearing and upon any motion filed and made after the
				commencement thereof and prior to the decision in the proceedings. However, no
				motion made before or during a hearing, a ruling upon which would involve or
				constitute a final determination of the proceeding, shall be ruled upon by a
				hearing officer.
3. Motions not
				ruled upon by the hearing officer shall be ruled upon by the commissioner.
4. Appeals from rulings of the
				hearing officer on any motion may be taken as provided in section 60-02-04-06.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-05
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-03 - Prehearing Matters › Section 60-02-03-01 - Informal disposition

Current through Supplement No. 393, July, 2024
Informal disposition may be made of any case, or any issue
				  therein, by stipulation, or consent order at any point therein, subject to the
				  approval of such informal disposition, or any terms thereof, by the
				  commissioner.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-02
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-03 - Prehearing Matters › Section 60-02-03-02 - Prehearing conference

Current through Supplement No. 393, July, 2024
A prehearing conference may be held at any time at the
				  discretion of the commissioner or hearing officer prior to any hearing. The
				  prehearing conference shall be an informal proceeding conducted fairly and
				  expeditiously by the hearing officer, for purposes of identifying and
				  simplifying the issues to be determined, identifying and limiting the number of
				  witnesses, and reaching an agreement on any or all issues of law or fact
				  without the necessity for further hearing thereon. In addition to any offer of
				  settlement, the following are appropriate for consideration at a prehearing
				  conference:
1. The simplification of
				issues.
2. The necessity or
				desirability of amendment to the pleadings.
3. The exchange and acceptance of service of
				exhibits proposed to be offered in evidence.
4. The obtaining of admission as to, or
				stipulations of, facts not remaining in dispute, or the authenticity of
				documents which may properly shorten the hearing.
5. The limitation of the number of witnesses.
6. Such other matters as may
				properly be dealt with to aid in expediting the orderly conduct of the
				proceeding.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-02
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-03 - Prehearing Matters › Section 60-02-03-03 - Conference results stipulated

Current through Supplement No. 393, July, 2024
Upon conclusion of prehearing conference, the parties shall
				  immediately reduce the results thereof to the form of a written stipulation
				  which recites the matters agreed upon, and the stipulation shall be filed with
				  the commissioner. Any such stipulation may be received in evidence at a hearing
				  and, when so received, shall be binding on the parties with respect to the
				  matters therein stipulated.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-02