N.D. Admin Code 89-02-04-02 - Definitions
Unless 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.
Notes
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-32-08
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