N.D. Admin Code 89-02-04-17 - Subpoena of witnesses

If any party desires the hearing officer to subpoena any witness for attendance at the hearing, the hearing officer must be notified of the intent to subpoena the witness at least seven days before the date of the hearing. The hearing officer may not subpoena a witness unless the request for a subpoena:

1. Is written.

2. States the subject matter of the testimony to be given.

3. States the time and date that the witness is to appear.

4. Is accompanied by a certified check for the fees allowed by law for one day for the witness. The fees allowed by law include mileage to and from the hearing, per diem, and in the case of the department's staff, the salary for that individual.

Notes

N.D. Admin Code 89-02-04-17

Effective October 1, 1988. Amended by Administrative Rules Supplement 2015-355, January 2015, effective 1/1/2015. Amended by Administrative Rules Supplement 2022-387, January 2023, effective 1/1/2023.

General Authority: NDCC 61-03-05(13), 61-03-13

Law Implemented: NDCC 61-03-05, 61-32-08