# Title 43 — Industrial Commission

## Article 43-02 — Mineral Exploration and Development

## Chapter 43-02-13 — High-Level Radioactive Waste

Development, and Storage or Disposal of High-Level Radioactive Wastes
### § 43-02-13-01. Definitions.

The terms used throughout this chapter have the same meaning as in North Dakota Century Code
chapters 38-23 and 38-08 except:
1. "Active institutional controls" are the means used to control access to an open or closed
high-level radioactive waste disposal site by anything other than passive institutional controls.
Active institutional controls include fencing, guards, security cameras, etc.
2. "Certified or registered mail" means any form of service by the United States postal service,
federal express, Pitney Bowes, and any other commercial, nationwide delivery service that
provides the mailer with a document showing the date of delivery or refusal to accept delivery.

3. "High-level radioactive waste facility" as defined in North Dakota Century Code section
for either a storage or a disposal facility as well as all subsurface structures, disposal wells,
and caverns.
4. "Occupied dwelling" or "permanently occupied dwelling" means a residence that is lived in by
a person at least six months throughout a calendar year.
5. "Passive institutional controls" are permanent markers or structures intended to reduce the
likelihood of humans unintentionally intruding into a high-level radioactive waste disposal site
for thousands of years after it is closed.
6. "Well" means any hole drilled for the purpose of information gathering, storage, or disposal of
high-level radioactive waste.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-02. Scope of chapter.

This chapter contains general rules of statewide application which have been adopted by the
industrial commission to regulate the exploration, testing, placement, storage, and disposal of
high-level radioactive waste to provide for operation in a manner as to protect the citizens of North
Dakota. The commission may grant exceptions to this chapter, after due notice and hearing, when such
exceptions will result in effectuating the purpose and intent of North Dakota Century Code chapter
38-23.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-03. Enforcement of laws, rules, and regulations dealing with exploration,

development, and storage or disposal of high-level radioactive wastes.
The commission, its agents, representatives, and employees are charged with the duty and
obligation of enforcing all rules and statutes of North Dakota relating to high-level radioactive waste.
However, it shall be the responsibility of all owners, operators, and contractors of high-level radioactive
waste facilities to obtain information pertaining to the regulation of high-level radioactive waste disposal
before operations have begun.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-04. Waste prohibited.

All operators, contractors, drillers, carriers, service companies, and all other persons at all times
shall conduct their operations in the drilling, plugging, storage, disposal, and site reclamation of
high-level radioactive waste in a manner that will prevent waste and prevent the release of radioactive
materials into the environment.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03

### § 43-02-13-05. Forms upon request.

Forms for written notices, requests, and reports required by the commission must be furnished
upon request. These forms must be of such nature as prescribed by the commission to cover proposed
work and to report the results of completed work.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-06. Authority to cooperate with other agencies.

The commission from time to time may enter arrangements with state and federal government
agencies, industry committees, and individuals with respect to special projects, services, and studies
relating to high-level radioactive waste disposal.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-07. Organization reports.

Every person acting as principal or agent for another or independently engaged in the exploration,
drilling, testing, placement, storage, and disposal of high-level radioactive waste or retains ownership of
equipment used for high-level radioactive waste storage or disposal or retains ownership of high-level
radioactive waste facilities in North Dakota immediately shall file with the state geologist the name
under which such business is being conducted and operated; the name and post office address of such
person; the business or businesses in which the person is engaged; the plan of organization, and in
case of a corporation, the law under which it is chartered; and the names and post office addresses of
any person acting as trustee, together with the names and post-office addresses of any officials on an
organization report. If such business is conducted under an assumed name, such organization report
must show the names and post office addresses of all owners in addition to the other information
required. A new organization report must be filed when there is a change in any of the information
contained in the report.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-08. Geotechnical and geophysical surveys.

By special order of the commission, periodic surveys may be made of both the rock containing
high-level radioactive waste and the rocks above and below it. These surveys must be thorough and
complete and must be made using methods approved by the director. The condition of the rocks
containing high-level radioactive waste and the practices and methods employed by the operators must
be investigated. All operators shall permit and assist the agents of the commission in making any and
all special tests that may be required by the commission on any or all exploration wells, disposal wells,
disposal caverns, or storage sites. All geophysical operations shall comply with North Dakota Century
Code chapter 38-08.1.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03

### § 43-02-13-09. Access to property and records.

The commission, director, and their representatives shall have access to all exploration test well,
storage and disposal well, and high-level radioactive waste facility records wherever located. All
owners, operators, drilling contractors, drillers, service companies, or other persons engaged in drilling,
completing, or servicing wells or constructing, servicing, and maintaining facilities shall permit the
commission, director, and their representatives to come upon any property, well, or drilling rig operated
or controlled by them, complying with state safety rules and to inspect the records and operation of
such wells, and to have access at all times to any and all records of wells. If requested, copies of such
records must be filed with the commission.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-10. Test well bond.

Before any person receives a permit to drill a test well or perform a test that causes surface
disturbance while exploring for a high-level radioactive waste disposal site, the person shall submit to
the commission and obtain its approval of a surety bond or cash bond. An alternate form of security
may be approved by the commission after notice and hearing, as provided by law. The operator of a
test well or other types of exploration or testing that causes surface disturbance shall be the principal
on the bond covering such activity. Each such surety bond must be executed by a responsible surety
company authorized to transact business in North Dakota. The bond must be based upon the estimated
costs to plug the test well at the projected total depth and the surface restoration costs. Bonds must be
conditioned upon full compliance with North Dakota Century Code chapter 38-23, and all administrative
rules and orders of the commission, and continues until the test well has been satisfactorily plugged
which must include practical reclamation of the well site and appurtenances, and all logs, plugging
records, and other pertinent data required by statute or rules and orders of the commission are filed
and approved.
Bond termination. The commission, in writing, shall advise the principal and any sureties on any
bond as to whether the plugging and reclamation is approved. If approved, liability under such bond
may be terminated formally upon receipt of a written request by the principal. The request must be
signed by an officer of the principal or a person authorized to sign for the principal.
Director's authority. The director is vested with the power to act for the commission as to all
matters within this section, except requests for alternative forms of security, which only may be
approved by the commission. The commission may refuse to accept a bond if the operator or surety
company has failed in the past to comply with statutes, rules, or orders relating to the operation of wells
or high-level radioactive waste facilities; if a civil or administrative action brought by the commission is
pending against the operator or surety company; or for other good cause.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-11. Facility bond.

Before any person receives a permit to construct a high-level radioactive waste facility, the person
shall submit to the commission and obtain its approval of a surety bond or cash bond. An alternate form
of security may be approved by the commission after notice and hearing, as provided by law. The
operator of a high-level radioactive waste facility shall be the principal on the bond covering such
activity. Each such surety bond must be executed by a responsible surety company authorized to
transact business in North Dakota. The amount of the bond must be based upon the size and scope of
the facility and all costs associated with its reclamation. Bonds must be conditioned upon full

compliance with North Dakota Century Code chapter 38-23, and all administrative rules and orders of
the commission, and continues until the high-level radioactive waste facility, including surface facilities
and all disposal wells or subsurface caverns have been satisfactorily plugged and reclaimed pursuant
to chapter 43-02-03 and all logs, plugging records, and other pertinent data required by statute or rules
and orders of the commission are filed and approved.
Bond termination. The commission, in writing, shall advise the principal and any sureties on any
bond as to whether the plugging and reclamation is approved. If approved, liability under such bond
may be terminated formally upon receipt of a written request by the principal. The request must be
signed by an officer of the principal or a person authorized to sign for the principal.
Director's authority. The director is vested with the power to act for the commission as to all
matters within this section, except requests for alternative forms of security, which only may be
approved by the commission. The commission may refuse to accept a bond if the operator or surety
company has failed in the past to comply with statutes, rules, or orders relating to the operation of
high-level radioactive waste facilities; if a civil or administrative action brought by the commission is
pending against the operator or surety company; or for other good cause.
The size and the scope of the operation must be evaluated annually and the department may
increase or decrease the bond amount to reflect the results of the evaluation.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-12. Exploration permit.

A permit is required prior to commencement of operations for the drilling, boring, excavating,
testing, and either land-based or airborne geophysical surveying for the purpose of exploring for a
high-level radioactive waste facility. It is unlawful to proceed with these activities without first obtaining
an exploration permit from the commission.
The application for a permit to drill must be filed with the director, together with a permit fee to be
determined by the state geologist based upon the cost for the commission to review, investigate, and
process the application. The permit application must be accompanied by a notice of opportunity for a
position paper, from the commissioners of the county where the proposed exploration drilling will take
place. No activity may commence until such application is approved and a permit to explore is issued
by the commission. The application must be accompanied by the bond pursuant to section 43-02-13-11
or the applicant previously must have filed such bond with the commission, otherwise the application is
incomplete. An incomplete application received by the commission has no standing and will not be
deemed filed until it is complete.
A permit is required for each test well or each method of exploration. The area to be explored must
be outlined on the application and the permit shall be valid in the area so outlined. The application for
permit to drill must be accompanied by an accurate plat certified by a registered surveyor showing the
location of the proposed well with reference to true north and the nearest lines of a governmental
section. The plat also must include latitude and longitude of the proposed test well location to the
nearest tenth of a second. Information to be included in such application must be the proposed depth to
which the test well will be drilled; estimated depth to the top of important stratigraphic markers;
estimated depth to the top of objective horizons; the proposed mud program; the proposed casing
program, including size and weight; the depth at which each casing string is to be set; the proposed
pad layout, including cut and fill diagrams; and the proposed amount of cement to be used, including
the estimated top of the cement, the proposed procedure, and the estimated completed total depth.
The drilling, testing, and plugging of exploratory test wells must comply with all applicable rules in
section 43-02-03.

The exploration permit is in effect for one year.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-04
Law Implemented: NDCC 38-23-04
### § 43-02-13-13. Facility permit.

A facility permit application is required prior to commencement of operations to create or construct
a high-level radioactive waste facility. The application for a high-level radioactive waste facility permit
must be filed with the director, together with a permit fee. The amount of the permit fee is determined by
the state geologist based upon the cost for the commission to review, investigate, and process the
application. The permit application must be accompanied by a notice of opportunity for a position paper,
from the commissioners of the county where the proposed facility will be located. No activity may
commence until such application is approved and a permit to explore is issued by the director. The
application must be accompanied by the bond pursuant to section 43-02-13-12 or the applicant
previously must have filed such bond with the commission, otherwise the application is incomplete. An
incomplete application received by the commission has no standing and may not be deemed filed until
it is complete.
Prior to the issuance of a permit, the operator shall deposit one hundred million dollars or one
million dollars per permitted acre, whichever is the greater amount, into the high-level radioactive waste
fund. The deposit amount is to be adjusted to reflect any increase in the consumer price index
published by the United States department of labor from the year 2020 to the consumer price index
published by the department of labor at the time of the construction of the project. The half-lives of
some of the radioactive waste will be dangerous much longer than any sign, monument, or avoidance
structures would remain unless they are maintained in perpetuity. This money is to be used to ensure
the passive institutional controls are maintained for thousands of years.
The high-level radioactive waste facility permit application must include:
1. A description of the high-level radioactive waste facility to be permitted. The area of the facility
must be outlined on the application and the permit shall be valid in the area so outlined. The
facility application must be accompanied by an accurate plat certified by a registered surveyor
showing the location of the proposed facility and well with reference to true north and the
nearest lines of a governmental section. The plat also must include latitude and longitude of
the proposed storage or disposal location to the nearest tenth of a second.
2. High-level radioactive waste facility information will include the proposed depth to which the
storage or disposal hole will be drilled; estimated depth to the top of important stratigraphic
markers; estimated depth to the top of objective horizons; the proposed mud program; the
proposed casing program, including size and weight; the depth at which each casing string is
to be set; the proposed pad layout, including cut and fill diagrams; and the proposed amount
of cement to be used, including the estimated top of the cement, the proposed procedure, and
the estimated completed total depth. The drilling, testing, disposal, and plugging of high-level
radioactive waste facility disposal wells must comply with all applicable rules in chapter
43-02-03.
3. A detailed description of the high-level radioactive material to be stored or disposed.
4. A detailed description of the mechanical construction and operating procedures of the
high-level radioactive waste facility.
5. A justification for the need for the high-level radioactive waste facility to be permitted, including
economic impact.

6. A detailed discussion and description of the subsurface geology and hydrology of the area to
be affected by the construction and operation of the high-level radioactive waste facility.
7. A detailed discussion and description of the monitoring system to be used to ascertain the
integrity of the high-level radioactive waste facility and to ensure compliance with this chapter.
8. A detailed description and discussion of a reclamation program for the restoration of the
surface as nearly as possible to its original condition and productivity upon expiration of the
permit or termination of any activities regulated by North Dakota Century Code chapter 38-23
and this chapter.
9. A detailed discussion and description of the active institutional controls that would be used
while the facility is in operation.
10. A detailed discussion and description of the active institutional controls that would be used for
a specified period of time after the facility has closed.
11. A detailed discussion and description of the passive institutional controls that would be
constructed after the facility has closed, including estimated costs and the projected durability
of the controls over thousands of years.
12. Architectural plans for all buildings and infrastructure within the facility boundaries.
13. Any other information required by the commission.
The length and terms of the permit must be decided by the commission but may not exceed five
years. An application for a permit renewal must be made at least one hundred twenty days before the
expiration of the valid permit and is subject to all of the procedures and requirements of this chapter.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-04
Law Implemented: NDCC 38-23-04
### § 43-02-13-14. County zoning authority in the permitting process.

Prior to a person submitting either an exploration permit or a facility permit, the person shall confirm
the size, scope, and location of the project conforms to the county zoning regulations.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-09
Law Implemented: NDCC 38-23-09
### § 43-02-13-15. Notice and hearing.

A permit may be issued only after notice and hearing and the notice must follow Rule 4 of the North
Dakota Rules of Civil Procedure. The permit applicant must follow the notification and publication
requirements in North Dakota Century Code section 38-23-04.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-04
Law Implemented: NDCC 38-23-04
### § 43-02-13-16. Permit review timelines.

The commission may take up to six months to review and approve or deny an exploration permit.
During that time, the commission shall review the exploration permit, bring the exploration permit
application before the advisory council, and hold a hearing on the exploration permit application.

The commission may take up to twelve months to review and approve or deny a high-level
radioactive waste facility permit. During that time, the commission shall review the high-level
radioactive waste facility permit, bring the high-level radioactive waste facility permit application before
the advisory council, and hold a hearing on the high-level radioactive waste facility permit application.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-04
Law Implemented: NDCC 38-23-04
### § 43-02-13-17. Notice of disapproval.

The notice of disapproval to be issued to Congress within the time period mandated by the federal
Nuclear Waste Policy Act. The notice of disapproval to be accompanied by a statement of reasons
explaining why the commission disapproved of the recommended repository site.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-18. Federal agencies and federal regulations.

Any high-level radioactive waste facility shall comply with all applicable federal regulations including
those of the nuclear regulatory commission, Title 10, Code of Federal Regulations, and the
environmental protection agency, 40 Code of Federal Regulations, Part 191.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-19. Site construction.

In the construction of a well site, access road, and all associated facilities, the topsoil must be
removed, stockpiled, and stabilized or otherwise reserved for use when the area is reclaimed. "Topsoil"
means the suitable plant growth material on the surface; however, in no event may this be deemed to
be more than the top twelve inches [30.48 centimeters] of soil or deeper than the depth of cultivation,
whichever is greater. Soil stabilization materials, liners, fabrics, and other materials to be used onsite,
on access roads or associated facilities, must be reported on a sundry notice to the director within thirty
days after application. The reclamation plan for such materials also must be included. When necessary
to prevent pollution of the land surface and freshwaters, the director may require the site to be sloped
and diked. Sites may not be located in, or hazardously near, bodies of water, nor may the sites block
natural drainages. Sites and associated facilities must be designed to divert surface drainage from
entering the site. Sites or appropriate parts thereof must be fenced if required by the director. Sites
must be stabilized to prevent erosion.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-04
Law Implemented: NDCC 38-23-04
### § 43-02-13-20. Geologic data.

The following basic data collected by the operator must be delivered, free of charge, to the state
geologist within thirty days of collection:
1. Washed and packaged sample cuts.

2. Cores, except those portions used for necessary testing or analysis, in which case the results
of testing, the analysis, and the description of missing portions must be submitted to the state
geologist.
3. Copies of all logs, including sample logs, radioactivity logs, resistivity logs, and other types of
electrical or mechanical logs.
4. Elevation and location information on the data collection points.
5. Other pertinent information required by the state geologist.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-21. Reports.

Monthly reports on well activities, including drilling, completion, waste insertion, and plugging must
be submitted to the state geologist. The amount of high-level radioactive waste in temporary storage,
long-term storage, or has been disposed also must be reported on a monthly basis, due on the fifth day
of the following month. Forms for written notices, requests, and reports required by the commission
must be furnished upon request. These forms must be of such nature as prescribed by the commission
to cover proposed work and to report the results of completed work.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-22. Facility annual operating fee.

The amount of the annual operating fee, pursuant to North Dakota Century Code section 38-23-03,
is due on January fifteenth. The one million dollar minimum fee threshold to be adjusted to reflect any
increase in the consumer price index published by the United States department of labor from the year
2020 to the consumer price index published by the United States department of labor at the time the
fee is imposed.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-23. Reclamation of exploration test wells.

The plugging and reclamation of exploration test wells must comply with all applicable rules in
chapter 43-02-03, including plugging and site reclamation. The commission may require the well bore
to be filled with concrete or another approved plugging material from the base of the hole to the ground
surface.
All lands disturbed during exploration must be reclaimed to a condition consistent with prior land
use and productive capacity.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03

### § 43-02-13-24. Reclamation of facilities.

The plugging and reclamation of high-level radioactive waste facilities must comply with all
applicable rules in chapter 43-02-03. Well bore must be filled with concrete or another plugging material
approved by the commission from the top of the waste to the ground surface.
All buildings and infrastructure not used for either site monitoring or security must be removed. All
disturbed lands must be reclaimed to a condition consistent with prior land use and productive capacity.
The exceptions to this is the area that contains signs or structures that are to be placed over the site to
warn or dissuade future generations from occupying the surface, drilling into the subsurface, or
disturbing the disposal wells, shafts, or chambers given the long-term nature of the high-level
radioactive waste.
Upon final closure of the waste disposal site, both active and passive institutional controls must be
implemented in and around the site. The means and the length of time that active institutional controls
are maintained must be determined by the commission after consulting with the advisory council. The
signs and structures comprising the passive institutional controls must be determined by the
commission after consulting with the advisory council. Documents containing the location and depth of
the waste, well construction, plugging and reclamation information, years of operation, half-lives of the
radioactive waste, and other pertinent data must be permanently stored in the local, state, and national
archives.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-25. Hearings - Complaint proceedings - Emergency proceedings - Other

proceedings.
1. Except as more specifically provided in North Dakota Century Code section 38-08-11, the
rules of procedure established in subsection 1 of North Dakota Century Code section
2. For proceedings that do not involve a complaint and a specific-named respondent the
commission shall give at least fifteen days' notice, except in emergency, of the time and place
of hearing thereon by one publication of such notice in a newspaper of general circulation in
Bismarck, North Dakota, and in a newspaper of general circulation in the county where the
land affected or some part thereof is situated, unless in some particular proceeding a longer
period of time or a different method of publication is required by law, in which event such
period of time and method of publication prevails. The notice must issue in the name of the
commission and must conform to the other requirements provided by law.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-26. Investigatory hearings.

The commission may hold investigatory hearings upon the institution of a proceeding or by motion
of the commission. Notice of the hearing must be served upon all parties personally or by certified mail
at least five days before the hearing.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03

### § 43-02-13-27. Official record.

The evidence in each case heard by the commission, unless specifically excluded by the hearing
officer, includes the certified directional surveys, and all oil, water, and gas production records, and all
injection records on file with the commission.
Any interested party may submit written comments on or objections to the application prior to the
hearing date. Such submissions must be received no later than five p.m. on the last business day prior
to the hearing date and may be part of the record in the case if allowed by the hearing examiner.
Settlement negotiations between parties to a contested case are admissible only as governed by North
Dakota Century Code section 28-32-24, although the hearing officer may strike such testimony from the
record for good cause.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-28. Petitions for review of recommended order and oral arguments prohibited.

Neither petitions for review of a recommended order nor oral arguments following issuance of a
recommended order and pending issuance of a final order are allowed.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-29. Notice of order by mail.

The commission may give notice of an order by mailing the order, and findings and conclusions
upon which it is based, to all parties by regular mail provided it files an affidavit of service by mail
indicating upon whom the order was served.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-30. Service and filing.

All pleadings, notices, written motions, requests, petitions, briefs, and correspondence to the
commission or commission employee from a party, or vice versa, relating to a proceeding after its
commencement, must be filed with the director and entered in the commission's official record of the
procedure provided the record is open at the time of receipt. All parties are entitled to receive copies
upon request of any or all of the evidence in the record of the proceedings. The commission may
charge for the actual cost of providing copies of evidence in the record. Unless otherwise provided by
law, filing is complete when the material is entered in the record of the proceeding.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-31. Designation of examiners.

The commission by motion may designate and appoint qualified individuals to serve as examiners.
The commission may refer any matter or proceeding to any legally designated and appointed examiner
or examiners.
History: Effective October 1, 2020.

General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-32. Powers and duties of examiner.

The commission by motion may limit the powers and duties of any examiner in any particular case
to such issues or to the performance of such acts as the commission deems expedient; however,
subject only to such limitation as may be ordered by the commission, the examiner or examiners to
whom any matter or proceeding is referred under this chapter have full authority to hold hearings on
such matter or proceeding in accordance with and pursuant to this chapter. The examiner may regulate
all proceedings before the examiner and to perform all acts and take all measures necessary or proper
for the efficient and orderly conduct of such hearing, including ruling on prehearing motions, the
swearing of witnesses, receiving of testimony and exhibits offered in evidence, subject to such
objections as may be imposed, and shall cause a complete record of the proceeding to be made and
retained.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-33. Report of examiner.

Upon the conclusion of any hearing before an examiner, the examiner promptly shall consider the
proceedings in such hearing, and based upon the record of such hearing, the examiner shall prepare a
report and recommendations for the disposition of the matter or proceeding by the commission. Such
report and recommendations either must be accompanied by a proposed order or must be in the form
of a proposed order and must be submitted to the commission.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-34. Commission order from examiner hearing.

After receipt of the report and recommendations of the examiner, the commission shall enter its
order disposing of the matter or proceeding.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
### § 43-02-13-35. Prehearing motion practice.

In a matter pending before the commission, all prehearing motions must be served by the moving
party upon all parties affected by the motion. Service must be upon a party unless a party is
represented by an attorney, in which case service must be upon the attorney. Service must be made by
delivering a copy of the motion and all supporting papers in conformance with one of the means of
service provided for in Rule 5(b) of the North Dakota Rules of Civil Procedure. Proof of service must be
made as provided in Rule 4 of the North Dakota Rules of Civil Procedure or by the certificate of an
attorney showing that service has been made. Proof of service must accompany the filing of a motion.
Any motion filed without proof of service is not properly before the commission.
History: Effective October 1, 2020.
General Authority: NDCC 38-23-03
Law Implemented: NDCC 38-23-03
