North Dakota Century Code

N.D. Cent. Code § 28-32-23 (2026)

Adjudicative proceedings - Exceptions - Rules of procedure

✓ current as of May 2026

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Notwithstanding the requirements for standardization of procedures in adjudicative proceedings under this chapter, an administrative agency may adopt specific agency rules of procedure not inconsistent with this chapter. An administrative agency may also adopt specific agency rules of procedure when necessary to comply with requirements found elsewhere in this code or when necessary to comply with the requirements of federal statutes, rules, or standards.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2007–2023 · leading case: Stephenson v. Hoeven, 2007 ND 136 (N.D. 2007).

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Stephenson v. Hoeven, 2007 ND 136 (N.D. 2007). · cites it 4× “, provides that a commission in the national guard may be vacated when it is determined by an “efficiency board as provided by federal regulation that the officer holding the commission is no longer fit for service by reason of the officer’s moral character, capacity, or general…”

St. Alexius Med. Ctr. v. N.D. Dep't of Human Servs., 2018 ND 36 (N.D. 2018). · cites it 4× “§ 28-32-35 permits administrative agencies to “regulate the course of the hearing in conformity with this chapter and any rules adopted under this chapter by an administrative agency, any other applicable laws, and any prehearing order.”

Opp v. Off. of the North Dakota Attorney Gen. - BCI CWL Unit, 2023 ND 131 (N.D. 2023). · cites it 2× “Code, states an applicant may appeal the denial of an application of a license to the district court of Burleigh County.”

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