§ 28-32-31 — Duties of hearing officers

North Dakota § 28-32-31

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

Text

All hearing officers shall:
1. Assure that proper notice has been given as required by law.
2. Conduct only hearings and related proceedings for which proper notice has been
given.
3. Assure that all hearings and related proceedings are conducted in a fair and impartial
manner.
4. Make recommended findings of fact and conclusions of law and issue a recommended
order, when appropriate.
5. Conduct the hearing only and perform such other functions of the proceeding as
requested, when an agency requests a hearing officer to preside only as a procedural
hearing officer. If the hearing officer is presiding only as a procedural hearing officer,
the agency head must be present at the hearing and the agency head shall make
findings of fact and conclusions of law and issue a final order. The agency shall give
proper notice as required by law. The procedural hearing officer may issue orders in
regard to the conduct of the hearing pursuant to statute or rule and to otherwise effect
an orderly and prompt disposition of the proceedings.
6. Make findings of fact and conclusions of law and issue a final order, if required by
statute or requested by an agency.

7. Function only as a procedural hearing officer, when an agency requests a hearing
officer to preside for a rulemaking hearing. The agency head need not be present. The
agency shall give proper notice as required by law.
8. Perform any and all other functions required by law, assigned by the director of
administrative hearings, or delegated to the hearing officer by the agency.