§ 20.1-16-05 — Hearing on suspension

1. Upon suspending the hunting, trapping, or fishing privileges of any person under
section 20.1-16-03 or 20.1-16-04, the department shall immediately notify the person
in writing. The person may, within twenty days of the notice, request a hearing before
the department on whether the requirements for suspension have been met.
2. Upon request, the department shall set a hearing as early as practicable.
3. a. The requesting person may present evidence and arguments at the hearing
contesting whether:
(1) A participating state suspended the person's privileges;
(2) There was a conviction in the participating state;
(3) The person failed to comply with the terms of a citation issued for a wildlife
violation in a participating state; or
(4) A conviction in a participating state could have led to the forfeiture of
privileges under North Dakota law.
b. Grounds other than those listed in subdivision a may not be used to contest the
department's decision to suspend the person's privileges.
4. At the hearing, the department, through its authorized agent, may:
a. Administer oaths;
b. Issue subpoenas for the attendance of witnesses; and
c. Admit all relevant evidence and documents, including notifications from
participating states.
5. Following the hearing, the department, through its authorized agent, may, based on
the evidence, affirm, modify, or rescind the suspension of privileges.