North Dakota Administrative Code
Title 69 - Public Service Commission
Article 69-02 - Practice and Procedure
Chapter 69-02-10 - Arbitration
Section 69-02-10-01 - Definitions

As used in this chapter:

1. "Act" means the federal Telecommunications Act of 1996 [ Pub. L. No. 104-104 ].

2. "Arbitration" is a dispute resolution process by which a neutral third party renders a decision on disputed issues which is binding on the parties, subject to commission approval.

3. "Arbitrator" is the term used to identify the arbitration decisionmaker.

4. "Commission" means the North Dakota public service commission.

5. "Entire package final offer arbitration" is a procedure under which the arbitrator must select, without modification, the entire proposal of one of the parties.

6. "Final offer arbitration" is a procedure under which each party submits a final offer concerning the issues subject to arbitration, and the arbitrator selects, without modification, one of the final offers by the parties to the arbitration, or portions of both such offers.

7. "Issue-by-issue final offer arbitration" is a procedure under which the arbitrator must select, without modification, on an issue-by-issue process, one of the proposals of either party on each issue.

8. "Modified final offer arbitration" is a procedure under which each party submits a final offer concerning the issues subject to arbitration, and the arbitrator may select and modify one of the final offers by the parties to the arbitration, or portions of both such offers.

General Authority: NDCC 28-32-02, 49-02-11

Law Implemented: NDCC 28-32-05.1, 49-01-07