North Dakota Administrative Code
Title 67 - Public Instruction, Superintendent of
Article 67-09 - Approval for School Construction Estimated to Cost More Than One Hundred Fifty Thousand Dollars
Chapter 67-09-01 - Approval for School Construction Estimated to Cost More Than One Hundred Fifty Thousand Dollars
Section 67-09-01-09 - Appeal of disapproved application to board

1. If the superintendent disapproves the district's application, the district may appeal the superintendent's decision to the board by serving a written notice of appeal on the superintendent, with a statement of the reasons the application should be approved, within thirty days of the mailing of the notification of disapproval.

2. If the district includes new information in its written notice of appeal that was not considered by the superintendent when making the superintendent's decision, the matter shall be sent back to the superintendent for reconsideration. If the matter is sent back to the superintendent, the superintendent may request additional information from the district, and the timeline for initial consideration of an application shall apply.

3. Within sixty days of receipt of a written appeal request that does not include new information, the board shall review the application, the superintendent's written rationale for disapproval, and the district's statement of reasons the application should be approved, and determine whether the application should be approved. The board may ask questions of the school board and the school board's representatives, and the superintendent and the superintendent's representatives. The board's decision on the district's application is final.