N.D. Admin Code 69-02-04-07 - Hearing officer
When evidence is to be taken in a proceeding, either the commission, any member thereof, or one or more of its duly designated hearing officers may preside at the hearing. Hearing officers are designated as procedural or substantive.
1.
Authority delegated. The hearing officer may:
a. Regulate the course of hearing.
b. Administer oaths.
c. Issue subpoenas.
d. Take depositions or cause depositions to
be taken.
e. Receive evidence.
f. Rule upon offers of proof.
g. Hold conferences before or
during hearings.
h. Dispose of
procedural matters so long as the disposition does not involve a final
determination of proceedings.
i.
Certify any question to the commission for its consideration and disposition.
j. Exclude evidence.
k. Authorize any party to furnish and serve
designated late filed exhibits within a specified time after the close of the
hearing.
I. Authorize discovery.
m. Request or require that the
parties file briefs, memoranda, or proposed findings of fact and conclusions of
law, and set a schedule for filing and serving same.
n. Take any other action necessary or
appropriate to discharge the duties vested in the hearing officer.
2. Limitations. In addition,
substantive hearing officers shall issue recommended findings of fact,
conclusions of law, and orders. Substantive hearing officers may rule on
continuances unless the commission directs otherwise.
3. No hearing officer shall, in any
proceeding for an adjudication required by statute to be determined on the
record after opportunity for hearing, consult any person or party on any fact
in issue unless the consultation is upon notice and opportunity for all parties
to participate.
Notes
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-08.1, 28-32-12.1, 28-32-12.2, 49-01-07
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