N.D.C.C. §§ 14-02.5-01 through 14-02.5-46 § 14-02.5-31
Administrative hearing.
Operative Text
14-02.5-31. Administrative hearing.
1. If a timely election is not made under section 14-02.5-30, the department shall provide
for a hearing on the charge. The attorney general, at the request of and on behalf of
the department, may participate in and advocate in favor of the department's finding of
probable cause. The aggrieved person may be represented by private counsel. Except
as provided in this section, chapter 28-32 governs a hearing and an appeal of a
hearing. A hearing under this section on an alleged discriminatory housing practice
may not continue after the beginning of the trial of a claim for relief commenced by the
aggrieved person under federal or state law seeking relief with respect to the
discriminatory housing practice.
2. If a claim filed by an aggrieved person proceeds to a hearing, the aggrieved person is
a party in the hearing. Neither the department nor the attorney general represents an
aggrieved person at a hearing under this chapter. The attorney general, at the request
of and on behalf of the department, may participate in the hearing and advocate in
favor of the department's finding of probable cause. The aggrieved person may be
represented by private counsel in any action or proceeding under this chapter.
3. If a claim filed by the department proceeds to a hearing, the department is a party in
the hearing. The attorney general represents the department in any action or
proceeding under this chapter.Section 14-02.5-31 of the North Dakota Century Code establishes the process for administrative hearings on alleged discriminatory housing practices when a party does not elect an alternative path under § 14-02.5-30. The hearing is governed by North Dakota's Administrative Agencies Practice Act (chapter 28-32), with the attorney general able to participate on behalf of the department's probable cause finding. Importantly, an administrative hearing must stop if the aggrieved person begins a separate court case under federal or state law addressing the same discriminatory housing practice. The roles of each party—the aggrieved person, the department, and the attorney general—differ depending on whether the claim was filed by the aggrieved person or by the department itself.
Plain English — not legal advice.
Under § 14-02.5-31, if a housing discrimination charge against a property owner or manager proceeds to an administrative hearing, the North Dakota Department of Labor and Human Rights participates as a party, with the attorney general potentially advocating for the department's probable cause finding. Operators facing such a hearing generally ensure they understand that the aggrieved person may retain private counsel and that the hearing process is governed by chapter 28-32 of the North Dakota Century Code. Compliant operators typically maintain thorough records of their housing practices and decisions, which can be relevant if a matter reaches the administrative hearing stage under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 14-02.5-31 makes clear that if your housing discrimination claim proceeds to an administrative hearing, you are a recognized party in that proceeding, though neither the department nor the attorney general serves as your personal representative. You have the right to retain private counsel to represent you at any stage of an action or proceeding under this chapter. One important procedural note under this provision is that if you choose to file a separate court case under federal or state law over the same discriminatory housing practice, the administrative hearing must stop—tenant-rights organizations can help you understand the implications of that choice.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation