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.