North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-01 - General Administration › Chapter 75-01-03 - Appeals and Hearings › Section 75-01-03-15 - Hearing - General rules and procedure

Current through Supplement No. 393, July, 2024
1. Attendance at
				the hearing shall be limited to those directly concerned, namely, the claimant;
				the claimant's authorized representative, if any; an interpreter, if any;
				witnesses; representatives of the county agency, nursing facility, or divsions
				of the department that made the determination under appeal; and the hearing
				officer. The hearing officer shall exclude unauthorized persons from a fair
				hearing unless both principals agree to their presence. The hearing officer may
				exclude persons whose actions cause substantial disruption of the hearing.
				Appearance by the claimant, in person or by authorized representative, is
				required at a fair hearing. Representation by the county agency, nursing
				facility, or division of the department that made the determination under
				appeal is also required.
2.
				Hearings may be conducted by telephone or other acceptable electronic means
				unless the person requesting the hearing demands to appear personally before
				the hearing officer. In all supplemental nutrition assistance program telephone
				or other acceptable electronic means hearings, except supplemental nutrition
				assistance program intentional program violation hearings, the person
				requesting the hearing shall be present at the same location as the county
				agency representative. This provision may be waived by the department when
				illness, disability, travel difficulty, or other reason makes attendance of the
				person requesting the hearing, or that person's authorized representative, at
				the location of the county agency representative impracticable.
3. Witnesses may give testimony by telephone
				or other acceptable electronic means unless the hearing officer determines that
				it will be unreasonably difficult to judge the witness's credibility without
				the witness's presence before the hearing officer. The party calling a witness
				by telephone or other acceptable electronic means shall provide reliable
				identification of the witness and assume responsibility for providing a
				satisfactory telephone connection. A party intending to call a witness by
				telephone or other acceptable electronic means shall provide notice of that
				intention to the administrative law judge and to the other parties at least
				three days before the date of the witness's intended testimony unless the
				administrative law judge determines arrangements for a satisfactory telephone
				or other acceptable electronic means connection may be made on shorter
				notice.
4. The hearing must be
				conducted in an impartial manner. All testimony must be submitted under oath or
				affirmation.
5. The proceedings at
				the hearing must be reported or otherwise perpetuated by mechanical,
				electronic, or other means capable of reproduction or transcription.
6. The hearing officer shall consider if the
				parties or their authorized representatives are familiar with the North Dakota
				Rules of Evidence and shall waive application of those rules unless all parties
				to the proceeding or their authorized representatives are familiar with the
				North Dakota Rules of Evidence. The waiver, if necessary, must be stated prior
				to or at any hearing.
7. An
				interpreter shall be provided by the state if the hearing officer determines
				this necessary.
General Authority:
NDCC 28-32-02,
					 50-06-16
Law Implemented:
NDCC
					 50-06-05.1