1.    There is a right to judicial review pursuant to sections 28-32-42 through 28-32-49:

Terms Used In North Dakota Code 38-14.1-35

  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

a.    To any applicant or any person with an interest which is or may be adversely affected who has participated in administrative proceedings under section 38-14.1-30 as an objector, and who is aggrieved by the decision of the commission.

b.    To any person with an interest which is or may be adversely affected who has participated in the administrative proceedings if the commission fails to act within the time limits specified in this chapter or in accordance with the provisions of chapter 28-32.

c.    To any permittee who is subject to an order by the commission implementing a final decision to suspend or revoke the permittee’s permit under section 38-14.1-28 or to any operator or permittee who is subject to an order by the commission implementing a final decision imposing a penalty under section 38-14.1-29 or any person having an interest which is or may be adversely affected by such order or by any modification, vacation, or termination of such order.

d.    To any person claiming to be aggrieved or adversely affected by any regulation promulgated by the commission to carry out the provisions of this chapter or by any order of the commission or by its failure to enter an order.

2.    Availability of judicial review under this section may not be construed to limit the operation of the rights established in section 38-14.1-40 except as provided therein.