N.D. Admin. Code 75-01-03-22

Current through Supplement No. 392, April, 2024

Section 75-01-03-22 - Decision by department

1. The decision of the department must be made by the executive director or the executive director's designee.

2. The executive director, or the executive director's designee, after receiving the hearing officer's recommended decision may:

a. Adopt the recommended decision in its entirety;

b. Decide the matter on the record; or

c. Order another hearing to be conducted.

3. Prior to taking action under subsection 2, the executive director, or the executive director's designee, may secure assistance or advice from staff assistants:

a. Without the communication of advice or assistance being treated as an ex parte communication in violation of North Dakota Century Code section 28-32-37, if the assistants do not furnish, augment, diminish, or modify the evidence in the record; or

b. After transmitting the relevant information or evidence, or an abstract thereof, to each party of record in the appeal, and affording each party an opportunity to examine the information, evidence, or abstract, and to present the party's own information or evidence in a hearing to be called on at least ten days' notice, all pursuant to North Dakota Century Code section 28-32-07, if the communication of advice or assistance furnishes, augments, diminishes, or modifies the evidence in the record.

4. For purposes of this section, staff communications that analyze the correct application of law, rule, regulation, or policy to the evidence in the record do not furnish, augment, diminish, or modify the evidence in the record and do not constitute relevant information or evidence that require notice of an ex parte communication pursuant to North Dakota Century Code section 28-32-37 or furnishing a copy of the advice or assistance to each party of record in the proceeding pursuant to North Dakota Century Code section 28-32-07.

5. The decision rendered for the department must be in writing. It must include a statement of the facts and of the statutes, regulations, rules, or policies involved and the reasoning which supports the decision.

N.D. Admin Code 75-01-03-22

Effective September 1, 1979; amended effective January 1, 1984; February 1, 1995.

Amended by Administrative Rules Supplement 371, January 2019, effective 1/1/2019.

General Authority: NDCC 28-32-02, 50-06-16

Law Implemented: NDCC 50-06-05.1