# Title 60 — Pesticide Control Board

## Article 60-02 — Rules of Practice and Procedure

## Chapter 60-02-06 — Reopening, Rehearing, and Review

### § 60-02-06-01. Petition to reopen.

At any time after the conclusion of a hearing, but before entry of the final order by the
commissioner, any party to a proceeding may file with the commissioner a petition to reopen the
proceeding for the purpose of taking additional evidence.
1. The petition shall set forth clearly the facts claimed to constitute the grounds requiring
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 shall be served by the petitioning party upon all parties to the
proceedings of their attorneys of record, and a certificate to that effect will be attached to the
petition when filed with the commissioner.
3. Within ten days following the service of any petition to reopen, any other party to the
proceeding may file with the commissioner the party's answer thereto. Any party not filing such
answer is in default thereof and 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 the commissioner's
final order, or if no hearing has been held, only after the issuance of the commissioner's final
order, the commissioner shall have 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
commissioner may issue an order for the reopening of the proceeding.
5. The commissioner shall act on any petition to reopen within ten days of receipt thereof and
may, in the commissioner's discretion, hear oral argument on any such petition.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-14
### § 60-02-06-02. Petition for rehearing.

1. A petition for rehearing of a proceeding must be filed within fifteen days after a copy of the
final order has been sent to the petitioning party by the commissioner.
2. The petition shall state concisely the alleged errors in the commissioner's decision or order
and the specific grounds relied upon by the petitioner. If an order of the commissioner is
sought to be vacated, reversed, or modified by reason of matters that have arisen since the
hearing and decision or order, or by reason of a consequence that would result from the
compliance therewith, the matters relied upon by the petitioner shall be set forth in the petition.
3. A petition for rehearing shall be served by the petitioner upon all parties to the proceeding or
their attorneys of record.
4. Within ten days following the service of such petition, any party to the proceeding may file with
the commissioner the party's answer thereto. Any party not filing such an answer is in default
thereof and shall be deemed to have waived any objection to the granting of such petition.

5. The commissioner shall act on any petition for rehearing within ten days of receipt thereof and
may, in the commissioner's discretion, hear oral argument on such petition.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-14
### § 60-02-06-03. Appeal.

Any party to a proceeding conducted pursuant to this article or other provisions of North Dakota
Century Code chapter 28-32 shall have the right of appeal, in the manner provided in North Dakota
Century Code chapter 28-32, from any adverse ruling by the commissioner. Such appeal shall not be a
trial de novo but shall be limited to the hearing record and to those issues specified in North Dakota
Century Code section 28-32-19.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-19
