North Dakota Code 28-32-47 – Scope of and procedure on appeal from agency rulemaking
1. A judge of the district court shall review an appeal from an administrative agency’s or ethics commission’s rulemaking action based only on the record filed with the court. If an appellant requests documents to be included in the record but the agency or commission does not include them, the court, upon application by the appellant, may compel their inclusion. After a hearing, the filing of briefs, or other disposition of the matter as the judge may reasonably require, the court shall affirm the rulemaking action unless it finds that any of the following are present:
Terms Used In North Dakota Code 28-32-47
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Rule: includes regulation. See North Dakota Code 1-01-49
- Statute: A law passed by a legislature.
a. The provisions of this chapter have not been substantially complied with in the rulemaking actions.
b. A rule published as a result of the rulemaking action appealed is unconstitutional on the face of the language adopted.
c. A rule published as a result of the rulemaking action appealed is beyond the scope of the agency’s or commission’s authority to adopt.
d. A rule published as a result of the rulemaking action appealed is on the face of the language adopted an arbitrary or capricious application of authority granted by statute.
2. If the rulemaking action of the agency or commission is not affirmed by the court, the rulemaking action must be remanded to the agency or commission for disposition in accordance with the order of the court, or the rule or a portion of the rule resulting from the rulemaking action of the agency or commission must be declared invalid for reasons stated by the court.