# Title 82 — Board of Trustees of the Teachers' Fund for Retirement

## Article 82-10 — Right to Formal Hearing and Appeal

## Chapter 82-10-01 — Right to Formal Hearing and Appeal

### § 82-10-01-01. Right to formal hearing and appeal.

Any applicant aggrieved by a decision of the board may initiate a formal administrative action
against the board in accordance with North Dakota Century Code chapter 28-32. The applicant must
file a request for a formal hearing within thirty days after notice of the initial decision has been mailed. If
an appeal is not filed within the thirty-day period, the initial decision of the board is final. If a request for
a formal hearing is timely filed, notice of the hearing must be served at least thirty days before the date
set for the hearing. The board shall request appointment of an administrative law judge from the office
of administrative hearings to conduct the hearing and make recommended findings of fact, conclusions
of law, and order. The board shall either accept the administrative law judge's recommended findings of
fact, conclusions of law, and order or adopt its own findings of fact, conclusions of law, and order. The
applicant may appeal the final decision resulting from this procedure to the district court in accordance
with North Dakota Century Code chapter 28-32.
History: Effective May 1, 2002; amended effective July 1, 2008.
General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-07
