A party requesting auxiliary aids or services that may be required for an administrative agency's hearing or related proceeding, whether for the party or a witness of the party, must make the request to the administrative agency prior to the hearing or related proceeding. The administrative agency must respond to the request and provide the aid or service if it is required to do so by federal or state law. However, the agency must be given notice sufficiently prior to the hearing or related proceeding to reasonably enable it to provide the aid or service. If the request is made to the hearing officer, the hearing officer shall inform the agency that the request has been made and refer the request to the agency. If the agency will not provide the requested aid or service, the agency must notify the requesting party and the hearing officer, in writing, that the request is denied and state the reasons for the denial, including whether the request was denied because of the timeliness of the request. If necessary, the hearing officer may reschedule the hearing or related proceeding to allow for provision of the requested aid or service by the agency.
N.D. Admin Code 98-02-02-17
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-35, 28-32-36, 54-57-05