North Dakota Administrative Code
Title 69 - Public Service Commission
Article 69-02 - Practice and Procedure
Chapter 69-02-09 - Procedures for Protecting Information from Disclosure
Section 69-02-09-05 - Request for hearing - Who may request - Time - Burden of proof

1. Upon a determination that the information does not qualify for protection, the applicant will be notified and has seven days to request a hearing before the commission, or obtain appropriate injunctive relief from the courts. If no hearing is requested or the commission is not otherwise restrained, the information will become part of the public record without protection. The burden of proof in such a hearing is on the party seeking to prevent disclosure.

2. If any person disagrees with the designation of information as protected or with its nondisclosure, the person shall first attempt to informally dispose of the dispute with the party seeking to prevent disclosure. If the dispute cannot be resolved, any person may request a hearing before the commission to determine the protected status.