N.D. Admin. Code 43-02-03-88.2

Current through Supplement No. 394, October, 2024

Section 43-02-03-88.2 - Hearing participants by telephone

In any hearing, the commission may, at its option, allow telephonic communication of witnesses and interested parties. The procedure shall be as follows:

1. Telephonic communication of an applicant's witness will only be considered if a written request is made at least two business days prior to the hearing date.

2. Telephonic communication of an interested party will only be considered if said party notifies the applicant and the commission in writing at least three business days prior to the hearing date. Such notice shall include the subject hearing, the name and telephone number of the interested party, and the name and telephone number of the interested party's attorney or representative that will be present at the hearing.

3. In the event an objection to any party's telephonic communication is received, the examiner may disallow such communication by telephone and may reschedule for an in-person hearing. The commission will notify all parties whether or not the request to participate by telephone is granted or denied.

4. All parties participating by telephone shall have an attorney or representative present at the hearing who shall be responsible for actually calling said party once the case is called for hearing, for providing the commission at the time of the hearing with any documentary evidence requested to be included in the record, and for any other matters necessary for the party to participate by telephone.

5. All parties participating by telephone shall file an affidavit verifying the identity of such party. The record of such telephonic communication shall not be considered evidence in the case unless said affidavit is received by the examiner prior to an order being issued by the commission. The commission shall provide a form affidavit. The commission has the discretion to refuse to consider all or any part of the information received from any party participating by telephone.

6. For all hearings allowing communication by telephone, the commission shall provide a hearing room equipped with a speaker telephone.

7. The cost of telephonic communication shall be paid by the party requesting its use.

N.D. Admin Code 43-02-03-88.2

Amended by Administrative Rules Supplement 2014-352, April 2014, effective April 1, 2014. .

General Authority: NDCC 38-08-11

Law Implemented: NDCC 28-32-11