§ 39-01-16 — Hearing on alleged violations

Any person having information that a licensed dealer has violated any provisions of this title
may file with the director an affidavit specifically setting forth such violation. Upon receipt of
such affidavit, the director shall investigate the violation alleged in the affidavit. If, after
investigation, the director determines that the dealer's license will be revoked or suspended, a
notice of intent to revoke or suspend the license must be mailed to the dealer by certified mail.
The notice must provide the dealer with an opportunity for a hearing prior to the effective date of
the license revocation or suspension. A record of such hearings must be made by stenographic
notes or use of an electronic recording device.
If after such hearing the director finds the violation charged in the affidavit has been proved
by the evidence, an order must be served on the licensee revoking or suspending the dealer's
license for a period of time to be determined by the director. Such action may be appealed to
the district court by following the appeal procedure set forth in chapter 28-32, except that the
order revoking or suspending the license is ineffective while the appeal is pending.
The director has the power to appoint an administrative hearing officer to conduct the
hearing, administer oaths, and subpoena and examine witnesses. The administrative hearing
officer shall submit the findings to the director for consideration and final decision.
Any witness called by the prosecution, except a peace officer while on duty, shall receive
the same fees and mileage as a witness in a civil case in district court.