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 51-01-02-18 - Petition for rehearing in adjudicatory matters

Universal Citation: ND Admin Code ยง 51-01-02-18
Current through Supplement No. 394, October, 2024

A petition for rehearing of an adjudicatory proceeding must be filed within fifteen days after a copy of the decision of the board has been served. Such petition shall state concisely the alleged errors in the board's decision and the specific grounds relied upon by the petitioner. If an order of the board is sought to be vacated, reversed, or modified by reason of matters that have arisen since the hearing and decision, or by reason of a consequence that would result from the compliance therewith, the matters relied upon by the petitioner shall be set forth in the petition. A petition for rehearing shall be served by the petitioner upon all parties to the proceeding or their attorneys or record, and a certificate to that effect will be forwarded to the board at the time the petition is filed. The original and five copies must be filed with the board. Within ten days following the service of such petition, any party to the proceeding may file with the board the party's answer thereto, and in default thereof shall be deemed to have waived any objection to the granting of such petition. The board may deny such request for a rehearing or may grant the same on such terms as it may prescribe.

General Authority: NDCC 28-32-14

Law Implemented: NDCC 4-18.1-20

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