N.D. Cent. Code § 38-14.1-41
Chapter 28 -32 applies to this chapter, except as otherwise provided in specific provisions of this chapter. The commission may promulgate regulations with respect to the administration of this chapter under chapter 28-32 except that if the commission determines that an emergency exists due to changes in federal performance standards promulgated under the Surface Mining Control and Reclamation Act of 1977 [ Pub. L. 95-87; 91 Stat. 445; 30 U.S.C. 1201 et seq.], and any amendments thereto, the commission may adopt emergency regulations in accordance with the purposes of this chapter, which are effective immediately upon approval by the attorney general. Such emergency regulations remain in effect for a period not to exceed ninety days unless a public hearing is held pursuant to sections 28-32-10 and 28-32-11.
N.D.C.C. § 38-14.1-41