North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-06 - Notice and hearing in adjudicatory matters

Current through Supplement No. 393, July, 2024
1.
Refusal of a license application.
If an application for a license
				is not granted within thirty days after it has been filed with the board, the
				board shall notify the applicant of the date on which a hearing will be held
				for the purpose of receiving evidence relative to the eligibility of the
				applicant for the license sought. The hearing shall be held on a date which is
				not less than twenty days after the date on which the notice is given, unless
				an earlier date is agreed upon by the board and the applicant. The board may
				deny the issuance of a license if it finds that the applicant has violated
				North Dakota Century Code chapter
				 4-18.1, or a regulation or
				stabilization plan promulgated by the board.
2.
Violations of law, regulations, or
				stabilization plans.
The executive secretary shall inform the board
				whenever the executive secretary has reason to believe that a licensee has
				violated North Dakota Century Code chapter
				 4-18.1, any regulation, a
				stabilization plan issued by the board, or any order of the board. Any
				interested person may also inform the board in writing, setting forth any act
				or thing done which is claimed to constitute such a violation.
3.
Investigation or inquiry.
The
				board shall conduct such investigation or inquiry as it deems appropriate
				regarding alleged violations of law, regulations, stabilization plans, or
				orders of the board. If upon such investigation or inquiry the board shall have
				reason to believe that there is a violation of law over which the board has
				jurisdiction, and if it appears to the board that a proceeding by it in respect
				thereof would be in the public interest, the board shall issue a complaint and
				a notice of hearing.
4.
Complaint.
Each formal complaint shall show the venue, "Before the
				North Dakota Milk Stabilization Board" and shall contain a heading showing the
				matter involved and the name of the respondent. The complaint shall fully
				advise the respondent of the facts constituting the ground of the complaint
				including reference to the statute or rule alleged to be violated, and the
				relief sought.
5.
Notice of
				hearing.
The board shall issue a notice of hearing fixing the time and
				place for trial upon the merits. The board shall serve a copy of the complaint
				and the notice of hearing upon the respondent personally or by certified mail
				at least forty-five days before the time specified for hearing. Service may be
				waived in writing by the respondent, or the parties may agree upon a definite
				time and place for hearing.
6.
Answer.
An answer to the complaint must be served upon the board
				and the complainant within twenty days after service of the complaint and
				notice for hearing, or the complaint will be deemed admitted, and the board
				will enter such order as the facts and law may warrant. The answer shall
				contain a concise statement of the facts which constitute the grounds of
				defense. The respondent shall specifically admit, deny, or explain each of the
				facts alleged in the complaint, unless the respondent is without knowledge, in
				which case the respondent shall so state.
7.
Respondent's waiver of hearing.
If respondent desires to waive hearing on the allegations of fact set
				forth in the complaint and not to contest the facts, the answer may consist of
				a statement that respondent admits all material allegations of fact charged in
				the complaint to be true. Respondent by such answer shall be deemed to have
				waived a hearing on the allegations of fact set forth in the complaint and to
				have authorized the board, without further evidence, or other procedure, to
				find the facts to be true, and if in the judgment of the board the facts
				admitted constitute a violation of law as charged in the complaint, to make and
				serve findings as to the facts and issue an appropriate order to cease and
				desist from such violations. Upon application in writing made contemporaneously
				with the filing of such an answer, the respondent, in the discretion of the
				board, may be heard on brief, in oral argument, or both, solely on the question
				as to whether the facts so admitted constitute a violation of law as charged in
				the complaint.
8.
Emergency.
In an emergency, the board, at its discretion, may notice a proceeding
				for hearing upon the merits upon less than forty-five days' notice. Every party
				to an emergency proceeding shall be given a reasonable time within which to
				serve an answer and to prepare for the hearing, which may be extended by the
				agency upon good cause being shown.
General Authority:
NDCC
				   4-18.1-03(18),
				   4-18.1-03(19),
				   4-18.1-14,
				   4-18.1-18,
				   28-32-05
Law Implemented:
NDCC
				   4-18.1-20