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

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