Section 60-02-04-08 - Briefs and proposed findings of fact and conclusions of law1. Each party to any proceeding may file proposed findings of fact and conclusions of law, briefs, or memoranda of law; provided, however, that the commissioner or hearing officer may direct any party to file proposed findings of fact and conclusions of law, briefs, or memoranda of law. 2. The commissioner or hearing officer shall fix the time for the filing and service of proposed findings of fact and conclusions of law, briefs, or memoranda of law, giving due regard to the nature of the proceeding, the magnitude of the record, and the complexity or importance of the issues involved, and shall fix the order in which such documents shall be filed. 3. Should a party find that it is unable to meet the date for filing and serving proposed findings of fact and conclusions of law, briefs, or memoranda of law, such party shall so notify the commissioner or hearing officer and the other parties in writing, therein setting forth the reasons for such inability together with a request for an extension of time to a date certain for filing and service. 4. When it is ordered that proposed findings of fact and conclusions of law, briefs, or memoranda of law be filed and served by the party initiating the proceeding, and where such party fails to file and serve by the date specified without complying with subsection 3, the commissioner on the commissioner's own motion or the motion of any party may, in the commissioner's discretion, dismiss the proceeding. Such failure in the case of an intervenor, protestant, or respondent may be deemed a waiver of the right to participate further in the proceeding, and the commissioner on the commissioner's own motion of the motion of any party may so order. 5. Exhibits should not be reproduced in a brief, but may, if desired, be reproduced in a appendix to the brief. Every brief of more than twenty pages shall contain a subject index, with page references, and the pages where the citations appear. All briefs shall be as concise as possible. 6. All briefs shall be accompanied by a certificate showing service upon all parties or their attorneys who appeared at the hearing. One copy of each brief shall be furnished for the use of the commissioner unless otherwise directed by the commissioner or hearing officer. General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-04
N.D. Admin Code 60-02-04-08