North Dakota Century Code

N.D. Cent. Code § 28-32-40 (2026)

Petition for reconsideration

✓ current as of May 2026

Find cases: SyfertCases citing this section ND-LEGndlegis.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

1. Any party before an administrative agency who is aggrieved by the final order of the agency, including the administrative agency when the hearing officer is not the agency head or one or more members of the agency head, within fifteen days after notice has been given as required by section 28-32-39, may file a petition for reconsideration with the agency. Filing of the petition is not a prerequisite for seeking judicial review. If the agency's hearing officer issues the agency's final order, the petition for reconsideration must be addressed to the hearing officer, who may grant or deny the petition under subsection 4. 2. Any party, including workforce safety and insurance, that appears before workforce safety and insurance may file a petition for reconsideration within thirty days after notice has been given as required by section 28-32-39. 3. The party must submit with the petition for reconsideration a statement of the specific grounds upon which relief is requested or a statement of any further showing to be made in the proceeding. The petition must also state whether a rehearing is requested. The petition and any statement shall be considered a part of the record in the proceeding. 4. The administrative agency may deny the petition for reconsideration or may grant the petition on such terms as it may prescribe. If a rehearing is granted, the agency may allow a new hearing or limit the hearing as appropriate. The agency may dissolve or amend the final order and set the matter for further hearing. The petition is deemed to have been denied if the agency does not dispose of it within thirty days after the filing of the petition. Any rehearing must be presided over by the same person or persons presiding previously at the hearing, if available. Any amended findings, conclusions, and orders must be issued by the same person or persons who issued the previous recommended or final orders, if available. Within thirty days after the close of proceedings upon reconsideration, or as soon thereafter as possible, the agency shall

Page No. 20 issue and give notice of its order upon reconsideration as required in subsection 3 of section 28-32-39. 5. This section does not limit the right of any agency to reopen any proceeding or rehear any matter under any continuing jurisdiction which is granted to the agency by statute.

28-32-41. Effectiveness of orders. Unless a later date is stated in the order, a final order of an administrative agency is effective immediately, but a party may not be required to comply with a final order unless it has been served upon the party and notice is deemed given pursuant to section 28-32-39 or the party has actual knowledge of the final order. A nonparty may not be required to comply with a final order unless the agency has made the final order available for public inspection and copying or the nonparty has actual knowledge of the final order. This section does not preclude an agency from taking emergency action to protect the public health, safety, or welfare as authorized by statute.

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 2003–2023 · leading case: Fossum v. North Dakota Dep't of Transp., 2014 ND 47 (N.D. 2014).

Sort: Relevance Newest Treatment

Fossum v. North Dakota Dep't of Transp., 2014 ND 47 (N.D. 2014). · cites it 4× “Fossum filed a timely notice of appeal from the district court judgment under N.D.C.C. § 28-32-49.”

People to Save the Sheyenne River, Inc. v. North Dakota Dep't of Health, 2005 ND 104 (N.D. 2005). · cites it 4× “[¶ 7] Several parties who opposed the permit filed petitions for reconsideration under N.D.C.C. § 28-32-40. The Health Department reopened the administrative record for further comments, responded to comments received after the record was reopened, and decided the permit would…”

Brendel Constr. v. WSI, 2021 ND 3 (N.D. 2021). · cites it 4× “If a reconsideration has been requested as provided in section 28-32-40, the party may appeal within thirty days after notice of the final determination upon reconsideration has been given as required by sections 28-32-39 and 28-32-40.”

Stenvold v. Workforce Saf. & Ins., 2006 ND 197 (N.D. 2006). · cites it 4× “[¶20] In accordance with N.D.C.C. § 28-32-40, Stenvold requested reconsideration of WSI's final order on December 30.”

DuPaul v. North Dakota Dep't of Transp., 2003 ND 201 (N.D. 2003). · cites it 4× “If the motorist files a petition for reconsideration, and such reconsideration is denied, the motorist may then appeal that ruling to the district court within thirty days after receiving notice of denial, under N.D.C.C. § 28-32-42(1), [¶ 7] After the Department received…”

Stephenson v. Hoeven, 2007 ND 136 (N.D. 2007). · cites it 2× “If an agency does not dispose of a petition for reconsideration within thirty days after the filing of the petition, the agency is deemed to have made a final determination upon which an appeal may be taken.”

Deeth v. Dir., North Dakota Dep't of Transp., 2014 ND 232 (N.D. 2014). · cites it 4× “§ 39-20-06 or, if a petition for reconsideration was filed under N.D.C.C. § 28-32-40(1) and was denied, under N.”

Blume Constr., Inc. v. State ex rel. Job Serv. North Dakota, 872 N.W.2d 312 (N.D. 2015). “'§ 28-32-40(3) which specifies that with- the petition for reconsideration there must be “a statement of the specific grounds upon which relief is requested or a statement of any further showing to be made in the proceeding.”

Mann v. North Dakota Tax Comm'r, 2007 ND 119 (N.D. 2007). · cites it 2× “D.C.C. § 28-32-21. The agency must issue a final order.”

Friends of Duane Sand-2012 v. Job Serv. North Dakota, 2016 ND 38 (N.D. 2016). · cites it 2× “§ 28-32 — 19[, now codified at N.D.C.C. § 28-32-46]. Relief similar to that afforded by Rule 60(b) is provided at the administrative fact-finding level by N.”

Opp v. Off. of the North Dakota Attorney Gen. - BCI CWL Unit, 2023 ND 131 (N.D. 2023). · cites it 2× “If a reconsideration has been requested as provided in section 28-32-40, the party may appeal within thirty days after notice of the final determination upon reconsideration has been given as required by sections 28-32-39 and 28-32-40.”

— N.D. Cent. Code § 28-32-40(1) — 3 cases

Fossum v. North Dakota Dep't of Transp., 2014 ND 47 (N.D. 2014). “Fossum filed a timely notice of appeal from the district court judgment under N.D.C.C. § 28-32-49.”

DuPaul v. North Dakota Dep't of Transp., 2003 ND 201 (N.D. 2003). “If the motorist files a petition for reconsideration, and such reconsideration is denied, the motorist may then appeal that ruling to the district court within thirty days after receiving notice of denial, under N.D.C.C. § 28-32-42(1), [¶ 7] After the Department received…”

Deeth v. Dir., North Dakota Dep't of Transp., 2014 ND 232 (N.D. 2014). “§ 39-20-06 or, if a petition for reconsideration was filed under N.D.C.C. § 28-32-40(1) and was denied, under N.”

— N.D. Cent. Code § 28-32-40(3) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.