Section 60-02-04-02 - Discovery1.Agency discovery.a. Information. Upon request of the commissioner or the hearing officer, any party to the matter shall furnish to the commissioner or the hearing officer any information which the party may have which is relevant to the matter under consideration. b. Examination of records. Upon request of the commissioner or the hearing officer, any party shall allow the commissioner or any member, employee, or agent of the department, when authorized by the commissioner or the hearing officer, or the officer personally, to examine and copy any books, papers, records, or memoranda pertaining to the matter under consideration. c. Inspection of premises. Upon request of the commissioner or the hearing officer, any party shall allow the commissioner or any member, employee, or agent of the department when authorized by the commissioner or the hearing officer, or the hearing officer personally, to enter upon any of the party's property for the purpose of obtaining information, examining any physical facility, or examining records or conducting surveys or investigations. 2.Discovery by parties.a. Parties other than the commissioner may obtain discovery by examination of those public records which are in possession of the hearing officer or the department. Any party to a case may request the commissioner or the hearing officer to exercise its powers in subsection 1 to obtain public information or to issue a subpoena as provided in section 60-02-05-03. The commissioner or the hearing officer may grant or deny such requests. A party may request voluntary disclosure of information by any other party. b. The deposition of any witness or party required in any proceeding before the commissioner may be taken in the same manner and on the same notice as in an action pending in the district courts of this state. Any person whose deposition is taken shall receive the same fees and mileage as a witness in a civil case in the district courts and such costs shall be paid by the party at whose insistence the deposition is taken. c. Interrogatories may be issued, in any proceeding before the commissioner, in the same manner as in an action pending in the district courts of this state. General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-04
N.D. Admin Code 60-02-04-02