North Dakota Code 38-14.1-29 – Procedures for imposing civil penalties
1. A civil penalty may be assessed by the commission as authorized by section 38-14.1-32 only after the operator or permittee has been given an opportunity for public hearing pursuant to the procedures specified in section 38-14.1-30.
Terms Used In North Dakota Code 38-14.1-29
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
a. If such public hearing has been held, the commission shall make findings of fact and issue a written decision pursuant to subdivision g of subsection 3 of section 38-14.1-30 as to the occurrence of the violation and the amount of the penalty which is warranted, incorporating, when appropriate, an order requiring that the penalty be paid.
b. If the operator or permittee charged with such violation fails to use the opportunity for a public hearing, a civil penalty must be assessed by the commission if it determines that a violation did occur and issues a final order requiring that the penalty be paid.
2. Hearings under this section must be consolidated with any enforcement hearings under section 38-14.1-30.
3. Any civil penalties assessed under this chapter may be recovered by the commission in a civil action in the North Dakota district court for the county in which the violation occurred or in which the party assessed has the party’s residence or principal office in the state.