§ 28-32-25 — Adjudicative proceedings - Consideration of information not presented at a hearing

North Dakota § 28-32-25

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-32: Administrative Agencies Practice Act

Text

hearing.
In any adjudicative proceeding, an administrative agency may avail itself of competent and
relevant information or evidence in its possession or furnished by members of its staff, or
secured from any person in the course of an independent investigation conducted by the
agency, in addition to the evidence presented at the hearing. It may do so after first transmitting
a copy of the information or evidence or an abstract thereof to each party of record in the
proceeding. The agency must afford each party, upon written request, an opportunity to examine
the information or evidence and to present its own information or evidence and to
cross-examine the person furnishing the information or evidence. Any further testimony that is
necessary shall be taken at a hearing to be called and held, giving at least ten days' notice.
Notice must be served upon the parties in the manner allowed for service under the North
Dakota Rules of Civil Procedure. This section also applies to information officially noticed after
the hearing when the issuance of any initial or final order is based in whole or in part on the
facts or material noticed.