Section 65-04-32 - Decisions by organization - Disputed decisionsNotwithstanding any provisions to the contrary in chapter 28-32, the following procedures apply when the organization issues a decision under this chapter or section 65-04-04.4:
1. The organization may issue a notice of decision based on an informal internal review of the record and shall serve notice of the decision on the parties by regular mail. The organization shall include with the decision a notice of the employer's right to reconsideration.2. An employer has forty-five days from the day the notice of decision was mailed by the organization to file a written request for reconsideration. The request for reconsideration is considered filed only upon receipt by the organization. The employer is not required to file the request through an attorney. The request must state the reason for disagreement with the organization's decision and the desired outcome. The request may be accompanied by additional evidence not previously submitted to the organization. The organization shall reconsider the matter by informal internal review of the information of record. Absent a timely and sufficient request for reconsideration, the notice of decision is final and may not be reheard or appealed.3. After receiving a petition for reconsideration, unless settlement negotiations are ongoing, the organization shall serve on the parties by regular mail an administrative order including its findings of fact, conclusions of law, and order, in response to the petition for reconsideration. The organization may serve an administrative order on any decision made by informal internal review without first issuing a notice of decision and receiving a request for reconsideration. If the organization does not issue an order within sixty days of receiving a request for reconsideration, a party may request, and the organization shall promptly issue, an appealable determination.4. A party has forty-five days from the date of service of an administrative order to file a written request for rehearing. The request must state specifically each alleged error of fact and law to be reheard and the relief sought. Absent a timely and sufficient request for rehearing, the administrative order is final and may not be reheard or appealed.5. Rehearings must be conducted as hearings under chapter 28-32 to the extent that chapter does not conflict with this section.6. An employer may appeal a posthearing administrative order to district court in accordance with chapter 65-10. Chapter 65-10 does not preclude the organization from appealing to district court a final order issued by a hearing officer under this title.Amended by S.L. 2023, ch. 581 (HB 1052),§ 6, eff. 8/1/2023, app. to all requests for reconsideration regardless of the date of decision issued by the organization.Amended by S.L. 2021 , ch. 502( HB 1040 ), § 2, eff. 8/1/2021.Amended by S.L. 2019 , ch. 524( HB 1072 ), § 11, eff. 8/1/2019.Amended by S.L. 2017 , ch. 437( SB 2094 ), § 4, eff. 8/1/2017.Amended by S.L. 2011 , ch. 512( SB 2114 ), § 2, eff. 8/1/2011.Amended by S.L. 2011 , ch. 507( SB 2205 ), § 3, eff. 8/1/2011.See S.L. 2021 , ch. 502( HB 1040 ), § 3.