N.D. Admin Code 69-02-09-05 - Request for hearing - Who may request - Time - Burden of proof
1. Upon a
determination that the information does not qualify for protection, the
applicant will be notified and has seven days to request a hearing before the
commission, or obtain appropriate injunctive relief from the courts. If no
hearing is requested or the commission is not otherwise restrained, the
information will become part of the public record without protection. The
burden of proof in such a hearing is on the party seeking to prevent
disclosure.
2. If any person
disagrees with the designation of information as protected or with its
nondisclosure, the person shall first attempt to informally dispose of the
dispute with the party seeking to prevent disclosure. If the dispute cannot be
resolved, any person may request a hearing before the commission to determine
the protected status.
Notes
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-06, 47-25.1
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