North Dakota § 28-32-27 Hearing officer - Disqualification - Substitution

North Dakota Statutes

§ 28-32-27 — Hearing officer - Disqualification - Substitution

North Dakota § 28-32-27

Title 28Judicial Procedure, Civil

Ch. 28-32Administrative Agencies Practice Act

This text of North Dakota § 28-32-27 (Hearing officer - Disqualification - Substitution) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 28-32-27 (2026).

Text

1.Any person or persons presiding for the agency in an administrative proceeding must be referred to individually or collectively as hearing officer. Any person from the office of administrative hearings presiding for the agency as a hearing officer in an administrative proceeding must be referred to as an administrative law judge.

2.Any hearing officer is subject to disqualification for good cause shown.

3.Any party may petition for the disqualification of any person presiding as a hearing officer upon discovering facts establishing grounds for disqualification.

4.A person whose disqualification is requested shall determine whether to grant the petition, stating facts and reasons for the determination.

5.If a substitute is required for a person who is disqualified or becomes unavaila

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1. Any person or persons presiding for the agency in an administrative proceeding must
be referred to individually or collectively as hearing officer. Any person from the office
of administrative hearings presiding for the agency as a hearing officer in an
administrative proceeding must be referred to as an administrative law judge.
2. Any hearing officer is subject to disqualification for good cause shown.
3. Any party may petition for the disqualification of any person presiding as a hearing
officer upon discovering facts establishing grounds for disqualification.
4. A person whose disqualification is requested shall determine whether to grant the
petition, stating facts and reasons for the determination.
5. If a substitute is required for a person who is disqualified or becomes unavailable for
any other reason, the substitute may be appointed by:
a. The attorney general, if the disqualified or unavailable person is an assistant
attorney general;
b. The agency head, if the disqualified or unavailable person is one or more
members of the agency head or one or more other persons designated by the
agency head;
c. A supervising hearing officer, if the disqualified or unavailable person is a hearing
officer designated from an office, pool, panel, or division of hearing officers; or
d. The governor, in all other cases.
6. Any action taken by a duly appointed substitute for a disqualified or unavailable person
is as effective as if taken by the disqualified or unavailable person.
7. Any hearing officer in an administrative proceeding, from the time of appointment or
designation, may exercise any authority granted by law or rule. A hearing officer may
be designated to preside over the entire administrative proceeding and may issue
orders accordingly. A procedural hearing officer may only issue orders in regard to the
course and conduct of the hearing under statute or rule and to otherwise effect an
orderly hearing. If a procedural hearing officer is designated, the agency head must be
present at the hearing and the agency head shall issue findings of fact and
conclusions of law, as well as any order resulting from the hearing.