N.D. Cent. Code » Chapter Title 28 Chapter 32
North Dakota Century Code

N.D. Cent. Code § 28-32-07 (2026)

Deadline for rules to implement statutory change

✓ current as of May 2026
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Any rule change, including a creation, amendment, or repeal, made to implement a statutory change must be adopted and filed with the legislative council within nine months of the effective date of the statutory change. If an agency or the commission needs additional time for the rule change, a request for additional time must be made to the legislative council. The legislative council may extend the time within which the agency or commission must adopt the rule change if the request by the agency or commission is supported by evidence that the agency or commission needs more time through no deliberate fault of its own.

Notes of Decisions
Cited in 19 cases, 1972–2005 · leading case: Howes v. North Dakota Workers Comp. Bureau, 429 N.W.2d 730 (N.D. 1988).
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Howes v. North Dakota Workers Comp. Bureau, 429 N.W.2d 730 (N.D. 1988). · cites it 20× “Howes wrote the Bureau asking "[i]f the Bureau intends to rely upon evidence not presented at the pending formal hearing, please provide me with a copy of such evidence and please consider this a request to cross-examine the person[s] furnishing such evidence, pursuant to…”
Froysland v. North Dakota Workers Comp. Bureau, 432 N.W.2d 883 (N.D. 1988). · cites it 6× “We looked to section 28-32-07, N.D. C.C., 3 and determined that it clearly granted a claimant, upon written request, the opportunity to cross-examine, at a further public hearing, medical experts whose opinions are part of the record.”
Aggie Investments GP v. Pub. Serv. Comm'n, 470 N.W.2d 805 (N.D. 1991). · cites it 5× “, provides that no evidence except that which is offered and made part of the official record of the hearing shall be considered by an administrative agency except as otherwise provided in Chapter 28-32, N.D.C.C. Section 28-32-07, N.D.C.C., precludes an administrative agency…”
Nemec v. North Dakota Workers Comp. Bureau, 543 N.W.2d 233 (N.D. 1996). · cites it 4× “§ 28-32-07, which affords the claimant the right to cross-examine any person furnishing information relied upon by the Bureau but not formally introduced at the hearing: “An administrative agency may avail itself of competent and relevant information or evidence in its…”
Stutsman Cnty. v. Westereng, 2001 ND 114 (N.D. 2001). · cites it 4× “§ 28-32-06 (requiring "[n]o information *310 or evidence except that which has been offered, admitted, and made a part of the official record of the proceeding shall be considered by the administrative agency, except as otherwise provided in this chapter"); N.D.C.C. § 28-32-07…”
Hulse v. Job Serv. North Dakota, 492 N.W.2d 604 (N.D. 1992). · cites it 4× “However, we remind Job Service that NDCC § 28-32-07 requires that the agency not avail itself of any competent and relevant information or evidence which was not previously presented at a formal hearing until it sends to all parties of record a copy of that information or…”
Sprunk v. North Dakota Workers Comp. Bureau, 576 N.W.2d 861 (N.D. 1998). · cites it 2× “Any information considered pursuant to section 28-32-07. k. Matters placed on the record after an ex parte communication.”
Roberts v. North Dakota Dep't of Human Servs., 2005 ND 50 (N.D. 2005). · cites it 2× “§ 28-32-24) allows waiver of the rules of evidence if necessary to ascertain substantial rights of a party to the proceeding.”
Bashus v. North Dakota Dep't of Human Servs., 519 N.W.2d 296 (N.D. 1994). · cites it 4× “Any information considered pursuant to section 28-32-07. "k. Matters placed on the record after an ex parte communication.”
Stalcup v. Job Serv. North Dakota, 1999 ND 67 (N.D. 1999). · cites it 2× “[¶ 13] Section 28-32-07, N.D.C.C., states: The agency must afford each party, upon written request, an opportunity to examine the information or evidence and to present its own information or evidence and to *554 cross-examine the person furnishing the information or evidence.”
Claim of Bromley, 330 N.W.2d 498 (N.D. 1983). · cites it 4× “) *505 The North Dakota Legislature, in NDCC § 28-32-07, as initially adopted and as amended, sets forth the minimal requirements that an administrative agency must meet in receiving or using material as evidence.”
Ins. Servs. Off. v. Knutson, 283 N.W.2d 395 (N.D. 1979). · cites it 2× “" Although the information relied upon by the commissioner was in his possession at the time of hearing, § 28-32-07, NDCC, provides the manner in which an administrative agency may introduce into the record information in its possession which was not presented at the formal…”
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