# Title 60 — Pesticide Control Board

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

## Chapter 60-02-01 — General Provisions

### § 60-02-01-01. Scope.

The provisions of this article shall apply to all hearings held by the commissioner for the purposes
of adjudicating the rights of parties under North Dakota Century Code chapter 4.1-33. This article shall
provide procedures in addition to or in explanation of those procedures provided by North Dakota
Century Code chapters 4.1-33 and 28-32.
General Authority: NDCC 4.1-33-03, 28-32-02
Law Implemented: NDCC 4.1-33-13, 28-32-02
### § 60-02-01-02. Liberal construction.

This article shall be liberally construed in order to secure just, speedy, and inexpensive
determination of the issues presented.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-02
### § 60-02-01-03. Suspension of article.

The commissioner or any hearing officer shall have the right, upon either the commissioner's or
hearing officer's own motion or the motion of any party, to suspend the operation and effect of this
article or any portion thereof, whenever the public interest or the interests of any party to a proceeding
shall not be substantially prejudiced by such suspension.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-02

### § 60-02-01-04. Definitions.

As used in this article, the following words shall have the meaning given to them below, unless
otherwise made inappropriate by context:
1. "Certification" means a private applicator's certification granted under the provisions of North
Dakota Century Code section 4.1-33-12.
2. "Commissioner" means the North Dakota commissioner of agriculture.
3. "Department" means the North Dakota department of agriculture.
4. "Hearing officer" or "officer" means the person appointed by the board to call and conduct a
hearing.
5. "License" means a commercial applicator or dealer license issued under the provisions of
North Dakota Century Code section 4.1-33-07 or 4.1-33-11.
6. "Order" means any written command or direction made by the board as provided by law.
7. "Person" means any real person, county, municipality, or other political subdivision,
department, agency, or commission, any public or private corporation, any partnership,
association, or other organization, any receiver, trustee, assignee, or other legal entity, other
than a court of law, or other legal representative of the foregoing but does not include the
board.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-02
### § 60-02-01-05. Case numbers and title.

Each matter coming formally before the commissioner for hearing will be known as a case and
shall be given a docket number and title, descriptive of the subject matter. Such number and title shall
be used on all papers in the case, and as far as possible, any communication to the commissioner in
any particular case shall bear the number of the case.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-02
### § 60-02-01-06. Personal appearances.

Participants may appear in any proceeding in person or by an attorney or other representative
qualified under subsection 3 of section 60-02-01-07. An individual may appear in the individual's own
behalf, a member of a partnership may represent the partnership, a bona fide officer or duly authorized
employee of a corporation, association, or group may represent the corporation, association, or group,
and an officer or employee of a state agency, a department or political subdivision of the state, or other
governmental authority may represent the state agency or the department or the political subdivision of
the state or other governmental authority in any proceeding.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-05
### § 60-02-01-07. Practice before the commissioner.

1. Person in own interest. Any person may appear before the commissioner in the person's
own right if the person has a bona fide interest in the subject matter of the proceeding.

2. Attorneys. Attorneys at law who are admitted to practice before the courts of the state of
North Dakota may represent any party to a proceeding. Any member of the bar of another
state may be permitted by the commissioner to appear in and conduct a case or proceeding
while retaining residence in another state.
3. Other persons. Any other person who shall file proof to the satisfaction of the commissioner
that the person is possessed of necessary legal or technical qualifications to enable the
person to render valuable service may be permitted to practice before the commissioner.
4. Rules of conduct. All persons appearing before the commissioner must conform to the
standards of ethical conduct required of practitionersbefore the courts of the state of North
Dakota.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-05
### § 60-02-01-08. Parties.

1. Complainant. Persons who complain of any act or omission in violation of any statute or
regulation shall be styled complainants.
2. Intervenor. Persons petitioning to intervene when admitted as a participant to a proceeding
shall be styled intervenors. Admission as an intervenor shall not be construed as recognition
by the commissioner that such intervenor might be aggrieved by any order of the
commissioner in such proceeding.
3. Parties. Any person whose legal rights, duties, or privileges may be determined in the case
for which the hearing may be held shall be a party. When a hearing is held pursuant to a
request for a hearing, the person making the request shall be a party. The commissioner shall
be a party in any action to enforce any regulation, statute, or other of the commissioner. Any
person who has properly intervened in a case shall be a party.
4. Petitioner. Any person seeking reconsideration, as provided by law, of any administrative
action taken pursuant to law and this article shall be styled the petitioner.
5. Respondent. Any person against whom any complaint is filed or order issued under this
article shall be styled the respondent.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-05
### § 60-02-01-09. Investigation on commissioner's own motion.

The commissioner may at any time, upon the commissioner's own motion, or upon the complaint of
any person, institute investigations and order hearings in any thing done by any person which the
commissioner may believe is in violation of the law or any regulation or order of the commissioner. The
commissioner may secure and present such evidence as it may consider necessary or desirable in any
proceeding in addition to the evidence presented by any other party.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-08
### § 60-02-01-10. Computation of time.

1. In determining the day upon which an answer must be served pursuant to North Dakota
Century Code section 28-32-05, the day of the hearing and the last day upon which an answer
may properly be received shall not be included in computing the required three-day time

period. If the day upon which the answer is due falls on a Saturday, Sunday, or legal holiday,
the answer shall be due on the preceding business day.
2. In computing any period of time prescribed or allowed by this article, other than that time
period set out in subsection 1, the day of the act, event, or default after which the designated
period of time begins to run is not to be included. The last day of the period so computed is to
be included, unless it is a Sunday or legal holiday, in which event the period runs until the end
of the next day which is neither a Sunday nor a holiday. When the period of time prescribed or
allowed is less than seven days, intermediate Sundays and holidays shall be excluded in the
computation.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-05
### § 60-02-01-11. Service.

For the purposes of this article, service or filing shall be deemed to have occurred upon actual
receipt of the document served or filed.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-05
### § 60-02-01-12. Record.

Unless any party demands otherwise at least ten days prior to the date of hearing, a written
summary record or tape recording of the proceeding will be made and filed. If demanded, the
commissioner shall cause a verbatim transcript to any proceedings to be made at the expense of the
demanding parties. The time period required herein shall be computed, as nearly as practicable, by that
method specified in section 60-02-01-10.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-12
