LITTLE v. TRACY

Civ. No. 920193.

497 N.W.2d 700 (1993)

Stephen D. LITTLE and Kathryn L. Dietz, Plaintiffs and Appellants, v. Helen TRACY, as Executive Director of the North Dakota Workers' Compensation Bureau, and the North Dakota Workers' Compensation Bureau, Defendants and Appellees.

Supreme Court of North Dakota.

March 11, 1993.


Attorney(s) appearing for the Case

Dietz & Little, Bismarck, for plaintiffs and appellants; argued by Kathryn L. Dietz, pro se. Appearance by Stephen D. Little.

Ken R. Sorenson (argued), Asst. Atty. Gen., North Dakota Workers' Compensation Bureau, Bismarck, for defendants and appellees.


MESCHKE, Justice.

In a review of rulemaking, we consider whether a new agency regulation on arbitration of an employee's claim exceeds the authority of the Workers' Compensation Bureau. The statute authorizes an employee-claimant to elect decision by arbitrators rather than by a Bureau official, but the regulation gives the employer the power to refuse the employee's election. We hold that, because it exceeds the scope of the statute, the regulation is invalid.

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