North Dakota Century Code

N.D. Cent. Code § 28-32-36 (2026)

Agency to make record

✓ current as of May 2026
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An administrative agency shall make a record of all testimony, written statements, documents, exhibits, and other evidence presented at any adjudicative proceeding or other administrative proceeding heard by it. Oral testimony may be taken by a court reporter, by a stenographer, or by use of an electronic recording device. All evidence presented at any proceeding before the administrative agency shall be filed with the agency. A copy of the record of any proceeding before an administrative agency, or a part thereof, must be furnished to any party to the proceeding and to any other person allowed to participate in the proceeding, upon written request submitted to the agency and upon payment of a uniform charge to be set by the agency. Any fee paid to an administrative agency for the record, or a part thereof, shall be paid into the general fund and is appropriated as a refund to the agency for the purposes of defraying the costs of preparing the record. An agency may contract with any person or another agency to prepare a record, or a part thereof, of any proceeding before the agency.

Notes of Decisions
Cited in 2 cases, 2005–2010 · leading case: Masset v. Dir., North Dakota Dep't of Transp., 2010 ND 211 (N.D. 2010).
Masset v. Dir., North Dakota Dep't of Transp., 2010 ND 211 (N.D. 2010). · cites it 6× “¶ 5 Masset appealed the Department’s order to the district court arguing the Department violated N.D.C.C. §§ 28-32-36 and 28-32^44 because a portion of the recording from the hearing was missing and because the chemical blood test results were improperly admitted.”
People to Save the Sheyenne River, Inc. v. North Dakota Dep't of Health, 2005 ND 104 (N.D. 2005). · cites it 2× “N.D.C.C. § 28-32-36. In any adjudicative proceeding, an agency shall make findings of fact, ’ conclusions of law, and an order based upon its findings and conclusions.”
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