Section 60-02-02-10 - MotionsAfter a complaint or petition has been served, a request may be made by motion for any procedural or interlocutory ruling or relief proper and desired. All motions not made in the course of a hearing shall be in writing and shall be served on the other parties to the hearing by the moving party.
1. The commissioner, prior or subsequent to any hearing, or the hearing officer during any hearing, may set any motion for oral argument. 2. The hearing officer designated to preside at a hearing is authorized to rule upon any motion not formally acted upon by the commissioner prior to the commencement of the hearing, wherein the immediate ruling is essential in order to proceed with the hearing and upon any motion filed and made after the commencement thereof and prior to the decision in the proceedings. However, no motion made before or during a hearing, a ruling upon which would involve or constitute a final determination of the proceeding, shall be ruled upon by a hearing officer. 3. Motions not ruled upon by the hearing officer shall be ruled upon by the commissioner. 4. Appeals from rulings of the hearing officer on any motion may be taken as provided in section 60-02-04-06. General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-05
N.D. Admin Code 60-02-02-10