North Dakota Administrative Code
Title 71 - Retirement Board
Article 71-02 - Public Employees Retirement System
Chapter 71-02-09 - Review Procedure
Section 71-02-09-02 - Formal review procedure

If the initial decision is adverse to the applicant after exhausting the administrative procedure under section 71-02-09-01, the applicant may file a request for a formal hearing to be conducted under North Dakota Century Code chapter 28-32. The request for a formal hearing must be filed within thirty days after notice of the initial decision has been mailed or delivered. If an appeal for a formal hearing is not filed within the thirty-day period, the initial decision of the board is final. If a request for a formal hearing is timely filed, notice of the hearing must be served at least thirty days prior to the date set for the hearing. The board shall request appointment of an administrative law judge from the office of administrative hearings to conduct the hearing and make recommended findings of fact, conclusions of law, and order. The board shall either accept the administrative law judge's recommended findings of fact, conclusions of law, and order or adopt its own findings of fact, conclusions of law, and order. The applicant may under North Dakota Century Code section 28-32-42 appeal the final decision resulting from this procedure to the district court.

General Authority: NDCC 54-52-04

Law Implemented: NDCC 54-52-04