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<br />89-02-04-08. state engineer's independent investigation. <br />After reviewing the board's decision and the items identified in <br />section 89-02-04-06, the state engineer may conduct his own <br />investigation if the information is insufficient. The <br />investigation may include an onsite inspection and survey of the <br />property involved and other activities deemed appropriate by the <br />state engineer. Any investigation the state engineer undertakes <br />in response to a complaint filed with him because a board has not <br />acted will be conducted pursuant to this rule. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-32-04 <br />Law Implemented: NDCC 61-32-08 <br /> <br />89-02-04-09. Demand for hearing by affected landowner. <br />Hearings demanded pursuant to section 61-32-08 by an affected <br />landowner shall be made by certified mail within fifteen days of <br />the state engineer's decision. The affected landowner shall also <br />notify all parties by certified mail of his demand for hearing <br />within fifteen days of the state engineer's decision. Hearings <br />will be conducted as set forth in sections 89-02-04-11 through <br />89-02-04-23. The demand shall state the issues to be addressed <br />at the hearing. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-32-04 <br />Law Implemented: NDCC 61-32-08 <br /> <br />89-02-04-10. Request for hearing by others than affected <br />landowners. Any aggrieved party may request a hearing on the <br />state engineer's decision. A request for a hearing shall <br />specifically state the reason for the request and a copy of the <br />request shall be sent by certified mail to the state engineer and <br />to each party wi thin fifteen days after notice of the state <br />engineer's decision has been mailed. If granted, the hearing <br />shall be conducted as set forth in sections 89-02-04-11 through <br />89-02-04-23. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 61-03-22, 61-32-08 <br /> <br />89-02-04-11. <br />of an appeal or <br />appoint a hearing <br /> <br />Appointment of hearing officer. <br />demand for a hearing the state <br />officer to: <br /> <br />Upon receipt <br />engineer will <br /> <br />1. Determine if the appeal is timely and proper. <br />2. Preside over the hearing. <br /> <br />-5- <br />