N.D. Admin Code 67-11-25-07 - Reconsideration

If an application for a credential for specialists trained in dyslexia is denied, the applicant must be notified of the opportunity for reconsideration. Upon receipt of a written denial, the applicant may request a reconsideration of the denial. A request for reconsideration must be in writing and must be received by the superintendent of public instruction within twenty-one days of the date the denial was mailed to the applicant by the superintendent of public instruction. Untimely requests may not be considered. The request for reconsideration must discuss:

1. The fact, law, or rule the applicant believes was erroneously interpreted or applied; and

2. The applicant's arguments on how the fact, law, or rule should have been applied, giving specific reasons and a thorough analysis.

The superintendent of public instruction shall issue a final written response on the reconsideration request within twenty-one days after receiving a complete and timely reconsideration request. If the superintendent's written response denies the reconsideration request, the superintendent's written response must notify the applicant of the applicant's right to a hearing conducted pursuant to North Dakota Century Code chapter 28-32. The applicant shall request the hearing within thirty days after receiving the superintendent's written response to the reconsideration request.

Notes

N.D. Admin Code 67-11-25-07

Adopted by Administrative Rules Supplement 2022-384, April 2022, effective 4/1/2022.

General Authority: NDCC 15.1-02-16, 28-32-02

Law Implemented: NDCC 15.1-02-16