Section 27-02-10-03 - Hearings on rates of contributions1. Hearings shall be held at the office of the unemployment compensation division in Bismarck unless, in its discretion, the bureau may determine upon another place within the state. 2. The executive director of the bureau or the special deputy herein referred to shall preside over the hearings. 3.a.Any individual may appear for oneself in any proceeding before the bureau or its deputy. Any partnership may be represented by any of its members. b. Any individual may appear by an attorney at law, admitted to practice before the highest court of this state, or the highest court of any state or territory of the United States, or by any other person who is qualified to represent others. c. The bureau or its deputy, in the deputy's discretion, may refuse to allow any person to represent others in any proceeding before the deputy who the deputy finds is guilty of unethical conduct, or who intentionally and repeatedly fails to observe the provisions of the Unemployment Compensation Act, or the regulations and instructions of the state agency. 4. All hearings shall be conducted informally and in such a manner as to bring out the facts relevant to the determination of the application. All testimony at the hearings shall be by oath or affirmation and shall be recorded but need not be transcribed unless a petition is filed for a judicial review, except the bureau, during the hearings, may indicate a portion of the evidence that should be transcribed to aid the bureau in preparing the findings of facts or decision. The employer may make a written submission of the facts involved and shall be permitted to present arguments submitted by written brief upon the questions of law involved. The bureau may decide the question on the basis of such stipulation and argument, or may in its discretion set the question for hearing and take such further evidence as may be deemed necessary. 5. The bureau shall use its best judgment as to when adjournment of a hearing shall be granted in order to secure all the evidence that is necessary. General Authority: NDCC 52-02-02
Law Implemented: NDCC 52-04-10
N.D. Admin Code 27-02-10-03