Section 60-02-02-02 - Formal complaints1. 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
N.D. Admin Code 60-02-02-02