Section 60-02-04-01 - Hearing officers1.Appointment. All hearing officers shall be appointed by the commissioner. The commissioner shall appoint a hearing officer within five days of service of a complaint or petition. Notification of the appointment shall be made to all parties in such manner as the commissioner may determine. 2.Qualifications.a. All appointments of hearing officers shall be consistent with the purpose of obtaining objectivity and impartiality in making decisions. b. The hearing officer may be an employee or a member of the department. The commissioner may appoint as hearing officer a person who is not an employee or member of the department. In such event, the hearing officer shall be an attorney at law licensed to practice in North Dakota, unless some other person is agreed upon by all parties; provided, that such hearing officer shall be considered an employee of the commissioner for the sole purpose of compensation, if any, and authorization to conduct the hearing and recommend findings of fact and a decision to the commissioner. In all other respects, the hearing officer shall be independent of the department. c. In all cases, the commissioner retains discretion to conduct the hearing personally, in which case an employee of the department shall be the hearing officer. 3.Authority. The appointment of the hearing officer shall, to the extent permitted by law, authorize and direct the hearing officer to conduct the hearing and recommend a decision to the commissioner. When evidence is to be taken in a proceeding, one or more of examiners, when duly designated for that purpose, shall preside at the hearing. An officer duly designated by the commissioner to preside at a hearing shall have the authority to take any of the following actions in the name of the commissioner: a. To regulate the course of hearing. d. To take depositions or cause depositions to be taken. e. To rule upon offers of proof and to receive evidence. f. To hold appropriate conferences before or during hearings. g. To dispose of procedural matters but not to dispose of motions made during hearings to dismiss proceedings or other motion which involves a final determination of proceedings. h. To exclude evidence which is cumulative or repetitious. i. To authorize any party to furnish and serve designated late-filed exhibits with a specified time after the close of the hearing. k. Within the hearing officer's discretion, or upon direction of the commissioner, to certify any question to the commissioner for the commissioner's consideration and disposition. l. To take any other action necessary or appropriate to discharge the duties vested in the hearing officer, consistent with statutory or other authorities under which the commissioner functions and with the rules, regulations, and policies of the commissioner. 4.Limitations. Hearing officers shall perform no duties inconsistent with their responsibilities as such. No officer shall in any proceeding for an adjudication required by statute to be determined on the record after opportunity for hearing consult any person or party on any fact in issue unless upon notice and opportunity for all parties to participate. 5.Disqualification.a. Any party may file a petition with the commissioner to disqualify any hearing officer. The commissioner shall determine the petition in accordance with this subsection and enter the commissioner's decision on the record. b. The commissioner may, for good cause, revoke the appointment of any hearing officer upon the filing of a petition of a party or upon the commissioner's own motion. Any such revocation shall be effective upon notice to the officer. c. A hearing officer shall withdraw from participation in a hearing at any time prior to the final determination if the officer deems oneself disqualified for any reason. d. Whenever a hearing officer withdraws or is disqualified, the commissioner shall appoint another in the officer's place, without the need for such newly appointed officer hearing evidence already presented in the case. General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-04
N.D. Admin Code 60-02-04-01