Section 89-02-04-02 - DefinitionsUnless the context otherwise provides, the following definitions apply:
1. "Affected landowner" means a person with any property interest, including a lease in land where the drain complained of is located or land that is affected by the drain complained of.2. "Aggrieved party" means any individual or entity who participated in the department's or board's consideration of an appeal and who is actually damaged by the board's or director's decision.3. "Appeal" means an appeal from the decision of a board concerning a drain constructed.4. "Board" means the board of the water resource district in which the complaint is brought.5. "Complaint" is a document which alleges drainage has been conducted without proper authorization. It is filed on a form supplied to the water resource board by the department.6. "Party" includes the petitioner and any respondent, the board from which the decision is appealed, and any entity or individual that participated in the complaint process in front of the board. The designation as a party does not bestow standing to appeal a decision of the board to the department or the decision of the director to a court of law.7. "Petitioner" means any aggrieved party who files a timely and proper appeal, or an affected landowner who files a timely and proper demand for hearing with the department.8. "Respondent" is a person who, within twenty days of notice of an appeal of a board's decision on a drainage complaint, files a notice with the department of the person's intent to participate in the appeal. The person who filed the complaint, and the person against whom the complaint was filed, must be either a respondent or a petitioner. These persons and the board must be allowed to participate whether or not any notice of participation is filed with the department. A person may not be a respondent to an appeal of a board's decision unless the person participated by providing information to the board for its consideration.N.D. Admin Code 89-02-04-02
Effective October 1, 1988.Amended by Administrative Rules Supplement 2015-355, January 2015, effective 1/1/2015.Amended by Administrative Rules Supplement 2022-387, January 2023, effective 1/1/2023.General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-32-08