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 51-01-02-03 - Service of process

1. Complaint. The notice of hearing and complaint in an adjudicatory matter shall be served on all parties to the proceeding either personally or by certified mail, as the board may direct. Such service may be waived in writing by the respondent.

2. Decision of the board. The findings of fact, conclusions of law, and decision of the board in an adjudicatory matter shall be served upon all the parties to the proceeding either personally or by registered or by certified mail.

3. Other process. All other notices, processes, and orders of the board may be served in the same manner as provided in the North Dakota Rules of Civil Procedure. Except where specifically provided by statute, any notices, processes, and orders of the board may be served by mailing it to the last known address of the person to be served.

4. Proof of service. The affidavit or certificate of service of the person, sheriff or other officer making the same setting forth the manner of service shall be proof of said service. When service by mail is made, an affidavit or certificate of mailing shall be proof of said service, and service by mail is complete upon mailing. Service may also be admitted in writing. When service by publication is made, an affidavit as provided in North Dakota Century Code section 31-04-06 shall be proof of service.

General Authority: NDCC 4-18.1-20, 28-32-05, 28-32-13; NDRCivP RULE 4, NDRCivP RULE 5

Law Implemented: NDCC 4-18.1-20