N.D. Admin. Code 98-02-03-01
Current through Supplement No. 394, October, 2024
An evidentiary hearing need be conducted only in cases where genuine issues of material fact must be resolved. When it appears from pleadings, admissions, stipulations, affidavits, or other documents that there are no matters of material fact in dispute, the hearing officer, upon motion of a party or upon the hearing officer's own motion, may conclude that the hearing can proceed without conducting an evidentiary hearing and enter an order so finding, vacating the hearing date if one has been set. Before entering an order, the hearing officer may fix a time for filing briefs or taking oral argument.
N.D. Admin Code 98-02-03-01
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-35, 54-57-04