A mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records.
North Dakota Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency
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The state court administrator must designate one or more administrative records custodians to manage retention and disposition of administrative records of the commissions, boards, committees, and offices under the supervision of the supreme court.
Records subject to inspection, examination, and copying under Section 3 and not exempt from disclosure under Section 4, may be prohibited or limited from disclosure by order of the court on a case-by-case basis.
Decisions made by agencies are more likely to be reversed than to be accepted by the court on appeal. As Courts now tend to accept an agency's reasonable interpretation of a statute involving a technical matter, even though it was not the only interpretation that could have been made.
The Administrative Law Judge will preside and guide the hearing. The Judge cannot help you present your case, or assist you with strategy, but will make sure that you have a fair opportunity to understand the process and to present your case.
If a situation warrants early disposal of a record within a record series, the clerk or judge may petition the State Court Administrator for early disposal of that record or may obtain an order from the judge of the court.
Rule 52 - Reliable Electronic Means Proceedings Section 1. Purpose and Definition. This rule provides a framework for the use of reliable electronic means for proceedings in North Dakota's district and municipal courts.
If you don't agree with the ALJ's decision, you may appeal it to the CUIAB Appeal Board with a simple letter at no cost to you, but you have to mail it or deliver it in person to the local CUIAB office no later than 20 days from the mailing date stamped at the bottom of the decision.
