At least thirty days before the date set for the hearing, the petitioner must notify other parties, the board, the department, and the hearing officer of all witnesses the petitioner will call and the content of their testimony. At least thirty days before the date set for the hearing, the respondent must notify other parties, the board, the department, and the hearing officer of witnesses to be called by the respondent and the content of their testimony. Within twenty days of the date of the hearing, the petitioner must notify the parties, the board, the department, and the hearing officer of any rebuttal witnesses to be called and the content of their testimony. At least forty-five days before the date set for the hearing, the parties may agree to and submit an alternative scheduling order, as approved by the hearing officer. The department must notify the parties, the board, and the hearing officer of any witnesses the department intends to call in the notice of hearing. However, if testimony or evidence not provided to the board and not considered in the director's determination will be presented by others, the failure of the department to identify a witness should not preclude the department from providing other testimony and evidence of a technical nature.
N.D. Admin Code 89-02-04-16
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-03-22, 61-32-08