We have held an informal order of the Bureau, made from the claim form and medical records and without a formal evidentiary hearing, is not appealable because the specific provisions of N.D.C.C. § 65-01-14(4) making a request for reconsideration necessary before an appeal can be taken prevails over the general provision in N.D.C.C. § 28-32-14, which states filing a petition for reconsideration is not a prerequisite for seeking review of a final administrative order. See Freezon v. North Dakota Workers Compensation Bureau, 1998 ND 23, ¶¶ 9-10, 574 N.W.2d 577; McCarty v. North Dakota Workers Compensation Bureau, 1998 ND 9, ¶ 9, 574 N.W.2d 556; McArthur v. North Dakota Workers Compensation Bureau, 1997 ND 105, ¶ 10, 564 N.W.2d 655. On the other hand, when the Bureau issues an order denying benefits and the claimant petitions for reconsideration and a hearing, but the Bureau fails to schedule a hearing, the order is final and appealable because, under N.D.C.C. §§ 28-32-14(4) and 28-32-15(1), the claimant's petition for reconsideration is deemed to have been denied when the Bureau fails to act on it in a timely manner. See Lende, 1997 ND 178, ¶¶ 16-22, 568 N.W.2d 755.

We conclude the Bureau's informal decision was not appealable.See also Freezon v. North Dakota Workers Compensation Bureau, 1998 ND 23, ¶¶ 9-10, 574 N.W.2d 577; McCarty v. North Dakota Workers Compensation Bureau, 1998 ND 9, ¶ 9, 574 N.W.2d 556. Still, because McArthur's effort to appeal documented a need for further consideration, we directed the Bureau to treat it as a request for reconsideration and remanded for a hearing. [¶ 10] We considered a related problem in Lende, 1997 ND 178, 568 N.W.2d 755.

Id. at ¶ 10. Cf., Freezon v. North Dakota Workers Comp. Bureau, 1998 ND 23, ¶ 11, 574 N.W.2d 577 (holding Bureau's informal decision without evidentiary hearing was not appealable order); Lende v. North Dakota Workers Comp. Bureau, 1997 ND 178, ¶ 24, 568 N.W.2d 755 (holding party need not file petition for reconsideration before appealing formal decision). [¶ 15] Here, the Bureau did not rely upon any new evidence in its second order and all its additional findings and conclusions in that decision were based upon evidence introduced at the formal evidentiary hearing. Under these circumstances, we conclude the Bureau's decision is a final appealable order, and the district court erred in deciding Robertson failed to exhaust his administrative remedies.