North Dakota Century Code

N.D. Cent. Code § 28-32-16 (2026)

Petition for reconsideration of rule - Hearing

✓ current as of May 2026

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Any person substantially interested in the effect of a rule adopted by an administrative agency or the commission may petition the agency or commission for a reconsideration of the rule or for an amendment or repeal of the rule. The petition must state clearly and concisely the petitioners' alleged grounds for reconsideration or the proposed repeal or amendment of the rule. The agency or commission may grant the petitioner a public hearing on the terms and conditions the agency prescribes.

Notes of Decisions

Cited in 4 cases, 2008–2019 · leading case: State Ex Rel. Workforce Saf. & Ins. v. Questar Energy Servs., Inc., 2017 ND 241 (N.D. 2017).

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State Ex Rel. Workforce Saf. & Ins. v. Questar Energy Servs., Inc., 2017 ND 241 (N.D. 2017). · cites it 2× “N.D.C.C. § 28-32-16. [¶7] This Court recently summarized appellate review of and the deference 'given to an ALJ’s factual findings and legal conclusions as follows: In reviewing an ALJ’s factual findings, a court may not make independent findings of fact or substitute its…”

Huwe v. Workforce Saf. & Ins., 2008 ND 47 (N.D. 2008). · cites it 2× “Applying the limited scope of review authorized by N.D.C.C. §§ 28-32-16 and 28-32-49, I would affirm the district court judgment affirming WSI's order denying Huwe's reapplication for disability benefits.”

Cont'l Resources v. N.D. Dep't. of Env't Quality, 2019 ND 280 (N.D. 2019). · cites it 2× “1-01-04(3), or seeking reconsideration and amendment of the rule under N.D.C.C. § 28-32-16. “[T]he exhaustion of remedies will generally develop a complete record for judicial review, especially in technical or complex factual situations.”

Buchholtz v. Dir., Nd Dept. of Transp., 2008 ND 53 (N.D. 2008). · cites it 2× “The findings of fact made by the agency do not sufficiently address the evidence presented to the agency by the appellant.”

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