37-301. Procedure for protesting
auctions
A. Any person who desires to protest any of the terms of a proposed auction for the
sale of state land, the lease of state land, or the sale of natural products of state
land shall file a written protest with the department within thirty days after the first
day of publication of the terms of the proposed auction. All protests shall state
specifically the term or terms of the auction to which objection is made and state
specifically the reasons for each objection. An objection not specifically stated or
timely made is deemed to be waived.
B. At his discretion, the commissioner, on ten days' notice, may order a hearing on
any protest. Whether or not a hearing is held, the commissioner, not less than seven
days before the auction date, shall enter a final order determining the validity of the
protests. If the commissioner determines that a protest is correct, the pending auction
shall be cancelled. If the commissioner determines that the grounds of protest are
incorrect, the auction shall proceed at the time and place for which it was noticed.
C. Notwithstanding section 37-133, the commissioner's order granting or denying a
protest is subject to review only through a special action to the court of appeals or
supreme court, served on the department within twenty days after the commissioner's order
is entered. Notwithstanding any law or rule applicable to other orders of the
commissioner, no motion for rehearing is required before seeking review of an order of
the commissioner rejecting a protest to the terms of an auction. Any rehearing motion
shall be filed within ten days of the entry of the commissioner's order. Unless
otherwise ordered by the commissioner, the filing of a motion for rehearing does not
extend the time for seeking review of the commissioner's order granting or denying a
protest. Unless the commissioner orders a rehearing within five days after the rehearing
motion is filed, the rehearing motion is deemed denied. If a special action review is
not sought within twenty days after the commissioner enters his order granting or denying
a protest, or if the commissioner's order is sustained on special action review and the
decision becomes final, no further action contesting the legality of the terms of the
auction may be brought.
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