North Dakota § 28-32-38 Separation of functions

North Dakota Statutes

§ 28-32-38 — Separation of functions

North Dakota § 28-32-38

Title 28Judicial Procedure, Civil

Ch. 28-32Administrative Agencies Practice Act

This text of North Dakota § 28-32-38 (Separation of functions) 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 § 28-32-38 (2026).

Text

1.No person who has served as investigator, prosecutor, or advocate in the investigatory or prehearing stage of an adjudicative proceeding may serve as hearing officer.

2.No person who is subject to the direct authority of one who has served as an investigator, prosecutor, or advocate in the investigatory or prehearing stage of an adjudicative proceeding may serve as hearing officer.

3.Any other person may serve as hearing officer in an adjudicative proceeding, unless a party demonstrates grounds for disqualification.

4.Any person may serve as hearing officer at successive stages of the same adjudicative proceeding, unless a party demonstrates grounds for disqualification.

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1. No person who has served as investigator, prosecutor, or advocate in the investigatory
or prehearing stage of an adjudicative proceeding may serve as hearing officer.
2. No person who is subject to the direct authority of one who has served as an
investigator, prosecutor, or advocate in the investigatory or prehearing stage of an
adjudicative proceeding may serve as hearing officer.
3. Any other person may serve as hearing officer in an adjudicative proceeding, unless a
party demonstrates grounds for disqualification.
4. Any person may serve as hearing officer at successive stages of the same
adjudicative proceeding, unless a party demonstrates grounds for disqualification.