When the hearing officer determines a date for a hearing, the hearing officer will notify the water resource board, the petitioner, and the respondent of the time and date of the hearing. In the case of a demand by an affected landowner under section 89-02-04-09, the hearing officer must give the notice of the hearing date within fifteen days of the demand. The notice must be given at least forty-five days before the date set for the hearing. All hearings will be held in Bismarck, North Dakota.
The notice must state that parties may present testimony at the hearing, petitioner and respondent may call witnesses at the hearing, and of the hearing officer's appointment as hearing officer. The notice must also state that each party must identify the position it is urging the director to adopt. Those urging the director's decision should be affirmed must be designated respondents. Those urging reversal or modification of the director's decision must be designated petitioners.
N.D. Admin Code 89-02-04-14
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-03-22, 61-32-08