# Title 13 — Department of Financial Institutions

## Article 13-01.1 — Practice and Procedure

## Chapter 13-01.1-06 — Reopening, Rehearing, Review

### § 13-01.1-06-01. Petition to reopen.

After the conclusion of a hearing, but before the board issues its final order, any party may file with
the board a petition to reopen the proceeding for the purpose of taking additional evidence.
1. The petition must state the facts claimed to constitute the grounds for reopening of the
proceeding, including the material changes of fact or law alleged to have occurred since the
conclusion of the hearing.
2. A copy of the petition to reopen must be served by the petitioning party upon all parties to the
proceedings or their attorneys of record, and a certificate to that effect will be attached to the
petition when filed with the board. The original and ten copiesmust be filed with the board.
3. Within ten days following the service of any petition to reopen, any other party to the
proceeding may file with the board the party's answer thereto, and in default thereof shall be
deemed to have waived any objection to the granting of such petition.
4. If, after the hearing in a proceeding, either before or after the issuance of its final order, the
board has reason to believe the conditions of fact or law have so changed as to require, or
that public interest requires, the reopening of such proceeding, the board shall issue an order
for the reopening of the proceeding. If approved, the board may grant the petition to reopen
upon such terms and conditions as the board may provide.
History: Effective January 1, 1980; amended effective November 1, 1994.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-14
### § 13-01.1-06-02. Petition for reconsideration.

Petitions for reconsideration must be filed in accordance with North Dakota Century Code section
28-32-14. The original and ten copies of all petitions for reconsideration must be filed with the board at
the time the petition is served upon the parties. Responses to petitions for reconsideration must be filed
with the board within ten days following the service of the petition or objection to the granting of the
petition will be deemed waived.
History: Effective January 1, 1980; amended effective November 1, 1994.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-14
