§ 28-32-45 — Consideration of additional or excluded evidence

North Dakota § 28-32-45

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

Text

If an application for leave to offer additional testimony, written statements, documents,
exhibits, or other evidence is made to the court in which an appeal from a determination of an
administrative agency is pending, and it is shown to the satisfaction of the court that the
additional evidence is relevant and material and that there were reasonable grounds for the
failure to offer the evidence in the hearing or proceeding, or that the evidence is relevant and
material to the issues involved and was rejected or excluded by the agency, the court may order
that the additional evidence be taken, heard, and considered by the agency on terms and
conditions as the court may deem proper. After considering the additional evidence, the
administrative agency may amend or reject its findings of fact, conclusions of law, and order and
shall file with the court a transcript of the additional evidence with its new or amended findings
of fact, conclusions of law, and order, if any, which constitute a part of the record with the court.