Section 98-02-03-02 - Authority of hearing officerThe hearing officer has the duty to conduct a hearing, and related proceedings, to take all necessary action to maintain order and avoid delay, and has all powers necessary to these ends, including, but not limited to, the authority to:
1. Arrange and issue notice of, the date, time, and place of the hearing, and related proceedings, or upon due notice to the parties, to change any date, time, or place previously set. 2. Hold conferences to settle, simplify, or fix the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding. 3. Require parties to state their position with respect to the various issues in the proceeding. 4. Administer oaths and affirmations. 5. Issue subpoenas and discovery orders. 6. Rule on motions or other procedural matters where the ruling does not result in a final determination of the proceeding. 7. Regulate the course of the hearing and conduct of the parties. 8. Examine witnesses, direct witnesses to testify, and, as may be warranted, exclude witnesses from the hearing room so that they cannot hear the testimony of other witnesses. 9. Receive, rule on, exclude, or limit evidence. 10. Fix the time for filing motions, petitions, briefs, or other items. 11. Require the parties to submit briefs, memoranda, and proposed findings of fact and conclusions of law. These powers apply to procedural hearing officers as well as hearing officers making recommended findings and conclusions, except as they may be lawfully limited by the agency at the time of the agency's request for, or designation of, a procedural hearing officer.
N.D. Admin Code 98-02-03-02
Effective January 1, 1992.General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-21, 28-32-22, 28-32-24, 28-32-29, 28-32-33, 28-32-34, 28-32-35, 54-57-04