N.D. Admin. Code 89-02-01-09.10

Current through Supplement No. 393, July, 2024

Section 89-02-01-09.10 - Consideration of evidence not contained in the department's record

The record of the department's hearing must be closed at the conclusion of the department's formal hearing. It is in the director's discretion to receive testimony and evidence not contained in the record. However, before considering any evidence not contained in the record, the department must provide notice to the parties of record where the evidence may be obtained for their examination and comment. Written comment or a request for a supplemental hearing must be submitted to the department within ten days after transmittal of the additional evidence. Any request for a supplemental hearing must provide sufficient information to allow the director to determine if a supplemental hearing is warranted. If a supplemental hearing is warranted, ten days' notice by personal service, certified mail, or email must be given to the parties of record to inform them of the date, time, place, and nature of the hearing. All supplemental hearings must be held in Bismarck.

N.D. Admin Code 89-02-01-09.10

Effective February 1, 1997.

Amended by Administrative Rules Supplement 2015-355, January 2015, effective 1/1/2015.

Amended by Administrative Rules Supplement 2022-387, January 2023, effective 1/1/2023.

General Authority: NDCC 61-03-13

Law Implemented: NDCC 61-03-22