Section 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. d. Take depositions or cause depositions to be taken. 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. k. Authorize any party to furnish and serve designated late filed exhibits within a specified time after the close of the hearing. 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. N.D. Admin Code 69-02-04-07
Amended effective September 1, 1992.General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-08.1, 28-32-12.1, 28-32-12.2, 49-01-07