# Title 60 — Pesticide Control Board

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

## Chapter 60-02-02 — Pleadings

### § 60-02-02-01. Informal complaint.

Informal complaints may be made orally or in writing addressed to the commissioner. Letters of
complaint to the commissioner will be considered as informal complaints. Matters thus represented will
be handled by correspondence or by other informal communications, or by conference with the party or
parties complained of, or by formal investigation instituted by the commissioner upon the
commissioner's own motion, or in such other manner as the commissioner shall deem to be appropriate
and warranted by the facts and the nature of the complaint in an endeavor to bring about satisfaction of
the complaint without formal hearing.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-07
### § 60-02-02-02. Formal complaints.

1. Complaints shall be made by the commissioner on the commissioner's own motion by
complaint in writing, setting forth any act or thing done or omitted to be done in violation or
claimed to be violation of any provision of law or of any rule, regulation, or order of the
commissioner.
2. Each formal complaint shall show the venue, "before the North Dakota department of
agriculture" and shall contain a heading, "in the matter of", showing the name and address of
the respondent. The complaint shall be so drawn as to fully and completely advise the
respondent or the commissioner of the facts constituting the ground of the complaint; the
provisions of the statutes, regulations, or order relied upon; the injury complained of; and shall
contain a clear, concise statement of the relief sought.
3. The commissioner shall serve a true copy of the complaint and notice for hearing upon the
respondent personally, or by registered or certified mail, as the commissioner may determine,
in such time as provided by law before the time specified for hearing thereof unless the
service of such complaint or notice of hearing is waived, in writing, by the respondent, or
unless the parties agree upon a definite time and place for hearing thereof with the consent of
the commissioner. However, in case of an emergency the commissioner shall notice a
proceeding for hearing upon its merits as provided by law.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-05

### § 60-02-02-03. Order to show cause.

1. The commissioner may, by order, compel any person who the commissioner believes is
violating any law, regulation, or order of the commissioner subject to enforcement by this
article, or any person who has been granted a license or certification, to show cause why such
law, regulation, or order should not be enforced against such person or why such license or
certification should not be suspended, revoked, or modified, either in whole or in part.
2. An order to show cause shall specifically advise the respondent of the facts of the violation
and law applicable thereto and of the time and place of the hearing to be conducted on the
order.
3. If the commissioner finds that the respondent is committing or is about to commit an alleged
violation, the commissioner may order the respondent to cease and desist from the acts
constituting the violation. The commissioner may also, or in lieu thereof, enter any other just
and reasonable order.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-05
### § 60-02-02-04. Petition for hearing.

Any petitioner requesting the commissioner to review by hearing, as provided by law, any
commissioner action, rule, or regulation shall file with the commissioner a petition, which may be in
letter form, advising the commissioner of the facts constituting the grounds for the petition, the injury
complained of, and a clear and concise statement of the relief sought.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-05
### § 60-02-02-05. Answers.

1. Each answer filed with the commissioner shall be designated as an "answer" and shall contain
the correct title of the proceeding, a specific denial of such material allegations of the
complaint as are controverted by the respondent, and a statement of any new matter which
may constitute a defense. If the answering party has no information or belief upon the subject
sufficient to enable the answering party to answer an allegation of the complaint, the
answering party may so state in the answer and place the denial upon that ground. The filing
of an answer will not be deemed an admission of the sufficiency of the complaint.
2. An answer must be signed and verified by the respondent filing the answer.
3. Two true and correct copies of the answer shall be served upon the commissioner personally
or by registered mail, at least three days before the time specified in the complaint for hearing.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-05
### § 60-02-02-06. Response to petition for hearing.

1. Upon receiving a petition for hearing upon any matter, as provided by law, the commissioner
shall, within thirty days of such receipt, serve upon the petitioner a response to the petition.
The response may be in letter form and shall state the decision of the commissioner whether
or not to hold the requested hearing. If a hearing is granted, the response shall state the date
upon which the petitioning party may appear to be heard, and such other conditions of the
hearing as the commissioner may determine. If the requested hearing is denied, the reasons

for such denial shall be clearly stated. This subsection shall not apply to hearings on
emergency orders.
2. Upon receiving a petition for hearing pursuant to an emergency order, as provided by law, the
commissioner shall set a date for hearing to be held within ten days of receipt of such petition
and shall notify the petitioner of such date and of such other conditions of the hearing as the
commissioner shall determine.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-05
### § 60-02-02-07. Intervention.

In any formal proceeding, any person having a substantial interest in the subject matter of such
proceeding may petition for leave to intervene in such proceeding and may become a party thereto
upon compliance with the provisions of this section. In general, such petitions will not be granted unless
it shall be found that such person has a statutory right to be made a party to such proceedings or that
such person has a property, financial, or other legally-recognizable interest which may not be
adequately represented by existing parties, and such intervention would not unduly broaden the issues
or delay the proceeding.
1. A petition for leave to intervene shall be in writing, unless made at the commencement of a
hearing, and must set forth the grounds of the proposed intervention, the position and interest
of the petitioner in the proceeding, and whether the petitioner's position is in support of or in
opposition to the relief sought.
2. A written petition for leave to intervene in any proceeding may be filed prior to or at the
commencement of the hearing, but not after commencement, except for good cause shown.
3. The petitioner shall furnish a copy of any written petition to each party to the proceeding,
including the commissioner.
4. Admission as an intervenor shall not be construed as recognition by the commissioner that
such intervenor might be aggrieved by any act of the commissioner in such proceeding.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-05
### § 60-02-02-08. Amendments.

The commissioner, prior to any hearing, or the hearing officer during any hearing, may, after notice
to the other parties to a proceeding, allow any pleading to be amended or corrected or any omission
therein to be supplied, provided that if any such amendment, when allowed, so alters or broadens the
issues that it appears proper, the commissioner may permit any party affected thereby a reasonable
time to prepare to meet the changed issues.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-05
### § 60-02-02-09. Withdrawal of pleading.

A party desiring to withdraw a pleading filed with the commissioner may file a notice of withdrawal
thereof with the commissioner. The notice shall set forth the reason for the withdrawal. A copy of the
withdrawal notice must be served upon all other parties to the proceeding and a certificate of service to
that effect filed with the notice of withdrawal. Withdrawal of any pleading in any proceeding in which a
hearing has been held or convened shall not be allowed without express permission of the
commissioner.

General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-05
### § 60-02-02-10. Motions.

After a complaint or petition has been served, a request may be made by motion for any procedural
or interlocutory ruling or relief proper and desired. All motions not made in the course of a hearing shall
be in writing and shall be served on the other parties to the hearing by the moving party.
1. The commissioner, prior or subsequent to any hearing, or the hearing officer during any
hearing, may set any motion for oral argument.
2. The hearing officer designated to preside at a hearing is authorized to rule upon any motion
not formally acted upon by the commissioner prior to the commencement of the hearing,
wherein the immediate ruling is essential in order to proceed with the hearing and upon any
motion filed and made after the commencement thereof and prior to the decision in the
proceedings. However, no motion made before or during a hearing, a ruling upon which would
involve or constitute a final determination of the proceeding, shall be ruled upon by a hearing
officer.
3. Motions not ruled upon by the hearing officer shall be ruled upon by the commissioner.
4. Appeals from rulings of the hearing officer on any motion may be taken as provided in section
60-02-04-06.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-05
