N.D. Admin Code 89-02-04-07 - Sufficiency of information on appeal

1. Once the department's review under section 89-02-04-06 is complete, the department will determine whether the information reviewed is sufficient to make a sound decision.

2. If the information is not sufficient, the department will either conduct further investigations or return the record to the board for its further investigation.

3. If the information is sufficient, the director must determine whether a drain, lateral drain, or ditch has been opened or established contrary to North Dakota Century Code title 61 or any rules adopted by the department or the board. If so, the director will take one of the three actions set forth in North Dakota Century Code section 61-32-08. If the drain has not been opened contrary to North Dakota Century Code title 61 or a drainage rule, the complaint will be dismissed. In either case the department will notify all parties of the director's decision. The notice of decision will include the names and addresses of all parties.

Notes

N.D. Admin Code 89-02-04-07

Effective October 1, 1988; amended effective August 1, 1994. 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