Section 51-01-02-11 - Evidence1.Admissibility of evidence. The admissibility of evidence at a public hearing shall be determined generally in accordance with the practice in the district courts in this state. However, the board or a hearing officer may waive the usual common law or statutory rules of evidence where such waiver is necessary to ascertain the substantial rights of the public and interested parties. When objection is made to the admissibility of evidence, a hearing officer may receive such evidence subject to later ruling by the board. 2.Witnesses. Witnesses appearing before the board or wishing to be heard by giving testimony must be sworn before their testimony shall be considered. All witnesses shall be subject to cross-examination within the limits of the purpose of the hearing at which they are testifying by any other party or party's attorney or representative and by members of the board and its attorney or representative. 3.Stipulations. The parties to any proceeding or investigation before the board may by stipulation agree upon the facts, or any portion thereof, involved in the controversy, and such stipulation shall be regarded and used as evidence at the hearing. 4.Documentary evidence. Where relevant and material matter offered in evidence by any party is embraced in a book, paper, or a document containing other matter not material or relevant, the party must plainly designate the matter so offered. If the other matter is in such volume as would unnecessarily encumber the record, the relevant and material matter may be read into the record, or a true copy thereof shall be received as an exhibit. All parties shall be afforded an opportunity to examine the entire book, paper, or document and to offer in evidence any additional portions thereof found to be material and relevant. 5.Official notice. The board may take notice of any fact or facts set forth in its duly established regulations, or any facts which are judicially noticed by the courts of this state. General Authority: NDCC 28-32-06, 28-32-07
Law Implemented: NDCC 4-18.1-20
N.D. Admin Code 51-01-02-11