115-05-01-05. Substitution.

In quasi-judicial proceedings in which a director, officer, commissioner, head, or other executive recuses themselves from further involvement in the proceeding, the department, agency, board, commission, or other public entity involved in the quasi-judicial proceeding shall determine whether a substitute is required to act in the place of the director, officer, commissioner, head, or other executive. The procedure to assign a substitute for the director, officer, commissioner, head, or other executive shall be determined by North Dakota law or rule. In the absence of applicable North Dakota law or rule, the department, agency, board, commission, or public entity may adopt policies consistent with this rule to address vacancies caused by a director, officer, commissioner, head, or other executive's recusal or abstention in any quasi-judicial proceeding.

History: Effective June 23, 2022.