N.D. Admin. Code 98-02-02-11
Any party intending to introduce an affidavit in evidence shall serve a copy of the affidavit upon all parties at least fifteen days prior to the hearing, unless the hearing officer fixes another time period. If, within seven days of such service, a party files and serves a written request for the opportunity to cross-examine the affiant at the hearing, the assertions may not be received in evidence unless the affiant is made available for cross-examination, or the hearing officer determines that cross-examination is not necessary for the full and true disclosure of facts referred to in the affiant's assertions, in which case the affidavit may be introduced into evidence. This procedure is not required when the parties stipulate to the admission of an affidavit.
N.D. Admin Code 98-02-02-11
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-24, 28-32-35