North Dakota Code 43-04-48 – Appeals
Any applicant or licensee aggrieved by any action of the board taken under any of the provisions of this chapter, within thirty days after receipt of a copy of the order of the board, may file a petition in the district court, which has jurisdiction to affirm, reverse, vacate, or modify the order complained of. The board of barber examiners of North Dakota must be the defendant, and such petition must set forth the errors complained of. Unless they are waived, citations and other judicial process must be served upon the president of the board, or in the event of the president’s absence, upon any member of the board, or by leaving a copy at the office of the board or the office of the secretary-treasurer. Upon such service or waiver, the board, with its answer, shall file a transcript of the records of the board, and the original papers or transcripts thereof, and a certified transcript of all evidence adduced upon the hearing before the board in the proceedings complained of, which must be filed in the court. No proceedings to vacate, reverse, or modify a final order rendered by the board may operate to stay the execution or effect thereof unless the district court, or a judge thereof in vacation, on application and three days’ notice to the board, shall allow such stay, in which event the petitioner must be required to execute the petitioner’s bond in such a sum as the court may prescribe, with sufficient surety to the satisfaction of the court, conditioned for the prompt payment of all damages arising from or caused by the delay in the effectiveness or enforcement of the order complained of.
Terms Used In North Dakota Code 43-04-48
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.