State v. Nickel

CROTHERS, Justice.

[¶ 1] The State appeals from three orders dismissing several controlled substance-related charges against William Joseph Nickel. We conclude the district court’s finding the North Dakota Board of Pharmacy (“Board”) did not substantially comply with the requirement under N.D.C.C. § 28-32-03(5) (2009) that it “take appropriate measures to make interim final rules known to every person who may be affected by them” is not clearly erroneous. The district court therefore did not err in dismissing the charges against Nickel because the emergency interim final rule upon which those…