reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-01 - Licensing Requirements › Section 97-02-01-02 - Academic programs

Current through Supplement No. 393, July, 2024
Academic programs are programs identified specifically as
							counseling programs in the graduate bulletin of the accredited school or
							college. These programs include counseling, counselor education, counseling and
							guidance, counseling and development, and counseling psychology. In addition to
							the master's degree in counseling, the applicant's graduate transcript or
							transcripts must indicate a minimum of sixty semester credits or ninety quarter
							credits relating to counseling, including coursework in:
1. Counseling theories;
2. Counseling methods;
3. Group counseling;
4. Individual appraisal, assessment, or
						testing;
5. Counseling-related
						research methods;
6. Human growth
						and development;
7. Multicultural
						counseling;
8. Career and lifestyle
						development;
9. Professional
						orientation and ethics; and
10.
						Counseling practicum and internship.
The practica must consist of one hundred hours of training in
							supervised practica in settings relevant to the practice of counseling. The
							internship must consist of six hundred hours of training in supervised
							internship settings relevant to the practice of counseling. The practica and
							internship hours may be within the required graduate semester hours. The
							research methods coursework must include content on statistical analysis of
							data sets pertaining to topics in counseling. The professional orientation and
							ethics coursework must be at least three semester credits or five quarter
							credits, and include content on the profession of counseling and the American
							counseling association code of ethics.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
								43-47-06
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-01 - Licensing Requirements › Section 97-02-01-03 - Requirements to become a licensed associate professional counselor

Current through Supplement No. 393, July, 2024
In order for an applicant to become a licensed associate
							professional counselor, an individual must make application to the board,
							supplying, at a minimum, the following information:
1. A copy of a master's degree from an
						accredited school or college that meets the academic standards set forth in
						section 97-02-01-02.
2. Three
						recommendations as follows:
a. One from the
						practicum agency contact person;
b.
						One from the applicant's master's degree program advisor; and
c. One from an additional counselor
						educator.
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-01 - Licensing Requirements › Section 97-02-01-03.1 - Fees

Current through Supplement No. 393, July, 2024
The following fees have been established by the board for the
							licensed associate professional counselor:
1. Application fee, one hundred fifty
						dollars.
2. If the applicant's
						transcript requires review to determine whether the academic program and
						coursework meet the requirements of section 97-02-01-02, the board may submit
						the transcript for review to the national board for certified counselors and
						the fee assessed by the national board for certified counselors will be paid by
						the applicant.
3. Application fee
						for advancement to licensed professional counselor, one hundred fifty
						dollars.
4. Extension fee, one
						hundred dollars.
General Authority:
NDCC 28-32-02,
								43-47-03
Law Implemented:
NDCC 43-47-03,
								43-47-06
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-01 - Licensing Requirements › Section 97-02-01-04 - Reciprocity

Current through Supplement No. 393, July, 2024
An applicant for license by reciprocity shall also submit the
							following items to the board:
1. An
						application form completed in a manner prescribed by the board accompanied by
						the required fee.
2. A photostatic
						copy of the license from the other state.
3. A copy of the licensing statute and rules
						of the state issuing the license in the other state.
4. The name and address of the licensing
						committee, agency, or board of the other state.
5. Proof of passing a counselor examination
						approved by the board.
The board or its designee shall verify that the licensing
							state imposes substantially the same requirements as North Dakota, and that
							there is no other reason constituting good cause for refusing to issue such
							license.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 43-47-03,
								43-47-06
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-01 - Licensing Requirements › Section 97-02-01-05 - Renewal of license

Current through Supplement No. 393, July, 2024
1. Counselor
				licenses expire two years after originally granted or last renewed.
2. At least two months before expiration, the
				board will notify the counselor of the requirement for renewal. The notice will
				be made to the address last provided to the board by the counselor.
3. A license shall be renewed if the
				counselor meets all of the following requirements:
a. The counselor shall file the complete
				application for renewal form prescribed by the board.
b. The counselor shall pay the renewal fee
				required by section  97-02-01 -01.1 or  97-02-01 -03.1.
c. The counselor shall provide proof of
				completion of the continued professional education required by section 97-02-01-06.
d. Grounds for denial of the application
				under North Dakota Century Code section
				 43-47-07 do not exist.
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-01 - Licensing Requirements › Section 97-02-01-06 - Continued professional education

Current through Supplement No. 393, July, 2024
A licensed professional counselor shall complete at least
				  thirty hours of continued professional education in the two years preceding the
				  date of expiration of the license. At least three of the hours shall primarily
				  focus on counselor ethics. A continued professional education hour is fifty
				  minutes. Examples of items meeting continuing professional educational
				  requirements include attending professional meetings, conferences, and
				  workshops or taking graduate courses in counseling or other mental health
				  fields.
General Authority:
NDCC
					  28-32-02
Law Implemented:
NDCC
					  43-47-03,
					  43-47-06
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-01 - Licensing Requirements › Section 97-02-01-08 - Certification of supervisors

Current through Supplement No. 393, July, 2024
1. To be certified
				as a supervisor an applicant shall meet all of the following requirements:
a. The applicant shall be a licensed
				professional counselor or licensed professional clinical counselor.
b. The applicant shall have five years of
				experience as a licensed counselor.
c. For applications received after July 1,
				2016, the applicant shall have completed thirty hours of continuing education
				concerning supervision in the five years preceding the application.
d. The applicant shall pay an application fee
				of one hundred dollars.
e. Grounds
				for denial of the application under North Dakota Century Code section
				 43-47-07 do not exist.
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-01.1 - Licensed Professional Clinical Counselor › Section 97-02-01.1-01 - Requirements to become a licensed professional clinical counselor

Current through Supplement No. 393, July, 2024
For an applicant to become a licensed professional clinical
							counselor, the individual must be a licensed professional counselor under North
							Dakota Century Code chapter 43-47 and:
1. Have at least a master's degree from an
						accredited school or college in counseling that meets the academic and training
						standards adopted by the board;
2.
						Have sixty semester graduate hours. A minimum of one semester credit-hour in
						each of the following two coursework categories must be included within the
						sixty semester credits required for the licensed professional clinical
						counselor. The two categories are:
a. Current
						classification methods in the diagnostic evaluation of psychopathology;
						and
b. Clinical counseling skills;
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-01.1 - Licensed Professional Clinical Counselor › Section 97-02-01.1-02 - Renewal of a licensed professional clinical counselor license

Current through Supplement No. 393, July, 2024
1. Licensed professional clinical counselor
				licenses expire on the date the licensed professional clinical counselor's
				licensed professional counselor license expires.
2. At least two months before expiration, the
				board will notify the licensed professional clinical counselor of the
				requirement for renewal. The notice will be made to the address last provided
				to the board by the licensed professional clinical counselor.
3. A license shall be renewed if the licensed
				professional clinical counselor meets all of the following requirements
a. The licensed professional clinical
				counselor shall file the complete application for renewal form prescribed by
				the board.
b. The licensed
				professional clinical counselor shall pay the renewal fee of seventy-five
				dollars.
c. The licensed
				professional clinical counselor shall provide proof of completion of the
				continued professional education required by section 97-02-01.1-08.
d. Grounds for denial of the application
				under North Dakota Century Code section
				 43-47-07 do not exist.
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-01.1 - Licensed Professional Clinical Counselor › Section 97-02-01.1-03 - Reciprocity

Current through Supplement No. 393, July, 2024
An applicant may be granted reciprocity upon satisfactory
				  proof to the board that the applicant is currently licensed as a licensed
				  professional clinical counselor under the laws of a state or territory of the
				  United States that imposes requirements equal to or more stringent than this
				  chapter.
General Authority:
NDCC
					  28-32-02
Law Implemented:
NDCC
					  43-47-06.1
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-01.1 - Licensed Professional Clinical Counselor › Section 97-02-01.1-04 - Fees

Current through Supplement No. 393, July, 2024
The following fees have been established by the board for the
				  licensed professional clinical counselor license:
1. Application fee, one hundred fifty
				dollars.
2. Renewal fee,
				seventy-five dollars.
General Authority:
NDCC
					  28-32-02(1),
					  43-47-03(3)
Law Implemented:
NDCC
					  43-47-03(3)
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-01.1 - Licensed Professional Clinical Counselor › Section 97-02-01.1-06 - Definitions

Current through Supplement No. 393, July, 2024
As used in this title, unless the context otherwise
				  requires:
1. "Clinical counseling" means providing clinical mental
				  health counseling services involving the application of principles of human
				  development, learning theory, psychotherapy, group dynamics, and the etiology
				  of mental illness and dysfunctional behavior to individuals, couples, families,
				  and groups for the purpose of promoting optimal mental health, dealing with
				  normal problems of living, and treating psychopathic disorders. Clinical
				  counseling includes diagnosis and treatment of emotional and mental disorders;
				  psycho-educational techniques aimed at the prevention of emotional and mental
				  disorders; consultations to individuals, couples, families, groups,
				  organizations, and communities; and clinical research into more effective
				  psycho-therapeutic modalities.
2. "Licensed professional clinical counselor" means a person
				  who is licensed under this chapter to practice the specialty of clinical
				  counseling.
General Authority:
NDCC
					  28-32-02(1),
					  43-47-06.1
Law Implemented:
NDCC
					  43-47-06.1
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-01.1 - Licensed Professional Clinical Counselor › Section 97-02-01.1-07 - Representation to the public

Current through Supplement No. 393, July, 2024
Only persons licensed under this chapter may use the title
				  "licensed professional clinical counselor" or the abbreviation
				  "LPCC".
General Authority:
NDCC
					  28-32-02(1),
					  43-47-06.1
Law Implemented:
NDCC
					  43-47-06.1
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-01.1 - Licensed Professional Clinical Counselor › Section 97-02-01.1-08 - Continued professional education for licensed professional clinical counselors

Current through Supplement No. 393, July, 2024
In addition to the thirty hours required for renewal of the
				  licensed professional counselor license, a licensed professional clinical
				  counselor shall complete at least ten hours of continued professional education
				  primarily focused on clinical counseling in the two years preceding the date of
				  expiration of the license. The continued professional education shall relate to
				  the licensed professional clinical counselor's intent to practice, and be
				  preapproved by the board. A continued professional education hour is fifty
				  minutes. Examples of items meeting continuing professional educational
				  requirements include attending professional meetings, conferences, and
				  workshops or taking graduate courses in clinical counseling.
General Authority:
NDCC
					  28-32-02
Law Implemented:
NDCC
					  43-47-03,
					  43-47-06.1
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-02 - Disciplinary Procedures › Section 97-02-02-01 - Disciplinary actions

Current through Supplement No. 393, July, 2024
All actions for disciplinary procedures must be in accordance
				  with North Dakota Century Code chapter  28-32.
1. Action must be taken by the board upon
				finding that the applicant or licenseholder has engaged in unprofessional
				conduct. Unprofessional conduct includes:
a.
				Conviction of an offense determined by the board to have a direct bearing on
				the individual's ability to practice counseling.
b. Procuring of license by fraud or
				misrepresentation.
c. Misuse of
				drugs or alcohol.
d. Negligence in
				professional conduct or nonconformance with the code of ethics as adopted by
				the board.
e. Performance of
				functions outside the demonstrable areas of competency.
f. Mental, emotional, or physical
				incompetence to practice the profession.
g. Violation of or aid to another in
				violating any provision of North Dakota Century Code chapter  43-47, any other
				statute applicable to the practice of professional counseling, or any provision
				of this title.
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-02 - Disciplinary Procedures › Section 97-02-02-02 - Reinstatement following disciplinary action

Current through Supplement No. 393, July, 2024
1. Any person
				whose license has been revoked or whose renewal application has been denied
				renewal under section 97-02-02-01 may submit a new
				application to the board for licensure two years after the date of the
				revocation or denial.
2. The board
				may, after a hearing, grant or deny the reinstatement sought in subdivision a
				of subsection 1 of this section based upon the evidence presented.
3. If an application for reinstatement is
				approved, the applicant must be licensed upon payment of the appropriate fees
				applicable at the time of reinstatement.
General Authority:
NDCC
					  28-32-02
Law Implemented:
NDCC
					  43-47-07,
					  43-47-08
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-02 - Disciplinary Procedures › Section 97-02-02-03 - Reporting convictions and discipline

Current through Supplement No. 393, July, 2024
A licensee, convicted of an offense, except a minor traffic
				  offense, or disciplined in another jurisdiction, shall report the conviction or
				  discipline to the board within thirty days of the conviction or
				  discipline.
General Authority:
NDCC
					  28-32-02
Law Implemented:
NDCC
					  43-47-07
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-03 - Code of Ethics › Section 97-02-03-01 - Code of ethics

Current through Supplement No. 393, July, 2024
The board adopts the American counseling association Code of
							Ethics as approved by the American counseling association governing council in
							2014 as its code of ethics for the practice of counseling. A copy may be
							obtained from the board.
General Authority:
NDCC 28-32-02,
								43-47-03
Law Implemented:
NDCC 43-47-03
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-01 - General Administration › Chapter 98-01-01 - Organization of Office of Administrative Hearings › Section 98-01-01-01 - History

Current through Supplement No. 393, July, 2024
The office of administrative hearings was established July 1,
				  1991, as a result of the passage of Senate Bill No. 2234 in the fifty-second
				  legislative assembly. See S.L. 1991, ch. 637. The office must provide
				  independent hearing officers for state agencies, boards, and commissions that
				  are required to use independent hearing officers to conduct their hearings, and
				  may provide independent hearing officers for other requesting state agencies,
				  boards, and commissions, tribal governments in this state, the judicial branch,
				  and units of local government, as well as for any agency to conduct a
				  rulemaking hearing.
General Authority: NDCC 28-32-02.1
Law Implemented: NDCC 28-32-02.1, 54-57-03
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-01 - General Administration › Chapter 98-01-01 - Organization of Office of Administrative Hearings › Section 98-01-01-02 - Application of North Dakota Century Code chapter 28-32

Current through Supplement No. 393, July, 2024
The office of administrative hearings itself is an agency
				  subject to chapter
				   28-32. It is required to conduct
				  hearings for other agencies that are subject to chapter
				   28-32. When conducting hearings for
				  agencies subject to chapter
				   28-32, its hearing officers must
				  conduct those hearings in accordance with the provisions of chapter
				   28-32 and any rules adopted
				  pursuant to it. The office of administrative hearings is also required to
				  provide hearing officers for the hearings of some agencies not subject to
				  chapter  28-32. When
				  conducting hearings for agencies not subject to chapter
				   28-32, its hearing officers need
				  not conduct the hearing according to the provisions of chapter
				   28-32 and rules adopted pursuant to
				  it. Additionally, the provisions of chapter
				   28-32, and rules adopted pursuant
				  to it, do not apply to any hearings conducted by the office of administrative
				  hearings for units of local government, tribal governments in this state, or
				  the judicial branch, for which the office of administrative hearings may
				  provide a hearing officer upon request.
General Authority: NDCC 28-32-02.1
Law Implemented:NDCC 28-32-02.1, 54-57-03
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-01 - General Administration › Chapter 98-01-01 - Organization of Office of Administrative Hearings › Section 98-01-01-03 - Inquiries

Current through Supplement No. 393, July, 2024
Any inquiries concerning the office of administrative
				  hearings, the uniform rules of administrative procedure for adjudicative
				  proceedings adopted by it, or any of the laws relating to the office of
				  administrative hearings or the uniform rules may be addressed to:
Director
Office of Administrative Hearings
2911 North 14th Street-Suite 303
Bismarck, ND 58503
General Authority: NDCC 28-32-02.1
Law Implemented: NDCC 28-32-02.1
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-01 - Complaint against a specific-named respondent [Reserved]

Current through Supplement No. 393, July, 2024
See subsection 1 of North Dakota Century Code section
				   28-32-21 for statutory
				  requirements.
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-02 - Proceedings other than a complaint against a specific-named respondent [Reserved]

Current through Supplement No. 393, July, 2024
See subsection 3 of North Dakota Century Code section
				   28-32-21 for statutory
				  requirements.
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-03 - Service and filing

Current through Supplement No. 393, July, 2024
All pleadings, notices, written motions, requests, petitions,
				  and briefs relating to a proceeding must be served on all parties and filed
				  with the agency. When a proceeding has been assigned to a hearing officer
				  outside the agency, the agency shall inform the parties of the designated
				  hearing officer's name and address, and filing must be with the designated
				  hearing officer at the address of the hearing officer. Unless otherwise
				  provided by law, filing is complete upon actual receipt by the agency or the
				  hearing officer, if one outside the agency has been designated, or upon
				  mailing, unless the agency or hearing officer requires actual receipt by a time
				  certain. The date of service is the day when the document is deposited in the
				  United States mail or is delivered in person, the day of facsimile or e-mail
				  transmission, or the date of publication if service by publication is allowed
				  or required, except that the date of service of a document served by certified
				  mail is the date of its delivery, or of its attempted delivery, if refused.
				  When a party has appeared by an attorney or an authorized representative,
				  service must be upon the attorney or the duly authorized representative, unless
				  service upon the party is ordered by the hearing officer. The serving party
				  must be prepared to furnish satisfactory proof of service.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-21, 28-32-31, 54-57-04
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-04 - Time

Current through Supplement No. 393, July, 2024
In computing any period of time under this title, the time
				  begins with the day following the act or event, or default from which the
				  designated period of time begins to run, and includes the last day of the
				  period, unless the last day is a Saturday, Sunday, or legal holiday, in which
				  event it includes the next following day which is not a Saturday, Sunday, or
				  legal holiday. Whenever a party has the right or is required to do some act or
				  take some proceedings within a prescribed period of time after service of a
				  document upon the party and the document is served upon the party by mail,
				  other than certified mail, three days must be added to the prescribed period of
				  time. Service by facsimile or e-mail transmission is not service by mail for
				  purposes of computing any period of time under this section.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-21, 28-32-31, 54-57-04, 54-57-05
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-05 - Appearances and representation

Current through Supplement No. 393, July, 2024
Any party may participate in the hearing in person, or if the
				  party is a corporation or other artificial person, by a duly authorized
				  representative. Regardless of whether a party is participating in person, any
				  party may be advised and represented by an attorney licensed to practice in
				  North Dakota or, if permitted by law, other representative. Persons acting in a
				  representative capacity must be prepared to show proof of their authority, in
				  law and fact, to act in such capacity.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-31, 54-57-04, 54-57-05
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-06 - Discovery

Current through Supplement No. 393, July, 2024
1.
General.
Parties may obtain
				discovery in accordance with the North Dakota Rules of Civil Procedure. The
				hearing officer shall recognize all privileged information or communications
				which are recognized by law.
2.
Identification of witnesses.
The hearing officer may require a
				party to disclose the names and addresses of all witnesses that the party
				intends to call at the hearing. All witnesses unknown at the time of that
				disclosure must be disclosed as soon as they become known. Any party failing to
				make disclosure required by this section without good cause may, at the
				discretion of the hearing officer, be foreclosed from presenting evidence at
				the hearing through witnesses not disclosed.
3.
Failure to comply with discovery.
The provisions of rule 37 of the North Dakota Rules of Civil Procedure
				regarding failure to make or cooperate in discovery, and sanctions do not apply
				in adjudicative proceedings except as provided in this section. Upon failure of
				a party to reasonably comply with a discovery request or order, the hearing
				officer may take one of the following actions:
a. Make a further order concluding that the
				subject matter of the order approving discovery or any other relevant facts
				shall be taken as established for the purposes of the case in accordance with
				the claim of the party requesting the order;
b. Make an order which recognizes the failure
				of the party to comply and refuse to allow that party to support or oppose
				designated claims or defenses, or prohibit the party from introducing
				designated matters into evidence;
c. Make an order striking out pleadings, or
				parts thereof, or staying further proceedings until the order is obeyed;
d. When the hearing officer is the
				final decisionmaker, make an order dismissing the action or proceeding, or any
				part thereof, or make a default order against the party; or
e. When the hearing officer is not the final
				decisionmaker, make a recommended order dismissing the action or proceeding, or
				any part thereof, or make a recommended default order against the party.
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-07 - Subpoenas

Current through Supplement No. 393, July, 2024
1. Any attorney representing a party to the
				proceedings may issue a subpoena to require the attendance and testimony of a
				witness at proceedings or a subpoena for the production of documentary
				evidence.
2. The hearing officer
				shall issue a subpoena to require the attendance and testimony of a witness at
				proceedings or a subpoena for the production of documentary evidence only upon
				the written request or motion of a party. The request or motion for a subpoena
				to require the attendance and testimony of a witness at proceedings must
				specifically identify the witness and state the complete address at which the
				witness may be served. The request or motion for a subpoena for the production
				of documentary evidence must sufficiently identify or describe the document or
				other object subpoenaed, must specifically identify the person who is to
				produce the documentary evidence, and must state the complete address at which
				that person may be served.
3. The
				party requesting a subpoena is responsible for its timely service, as well as
				payment of all fees, in accordance with the North Dakota Rules of Civil
				Procedure.
4. The provisions of
				rule 45(c) and (d) of the North Dakota Rules of Civil Procedure regarding
				protection of persons subject to subpoenas and duties in responding to
				subpoenas apply in adjudicative proceedings except as provided in this section.
5. A hearing officer may not
				impose a monetary or contempt sanction under this section.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-33
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-08 - Motions - Certification of motions

Current through Supplement No. 393, July, 2024
1. Motions must
				state the relief sought, the authority relied upon, and the facts alleged. If
				made before the hearing they must be in writing. If made at the hearing, they
				may be stated orally, but the hearing officer may require that they be reduced
				to writing, filed, and served. Within ten days after a written motion is
				served, or such other period as the hearing officer may fix, any party may file
				a response to the motion. The hearing officer may not sustain or grant a
				written motion prior to expiration of the time for filing responses, but may
				deny the motion without awaiting response. An immediate oral response may be
				made to an oral motion, and an oral motion may be ruled on immediately. Motions
				submitted to the administrative agency or hearing officer, and not disposed of
				in a separate ruling or in the findings of fact, conclusions of law, and order,
				will be deemed denied. When the hearing officer designated to preside at the
				hearing is not the final decisionmaker, the hearing officer is authorized to
				rule upon any motion not formally acted upon by the administrative agency prior
				to the assignment of the matter to the hearing officer.
2. The hearing officer, either upon the
				request of a party or independent of such a request, may certify a motion to
				the administrative agency for final ruling. In deciding which motions should be
				certified, the hearing officer shall consider the following:
a. Whether the motion involves a controlling
				question of law as to which there is a substantial ground for difference of
				opinion;
b. Whether a final
				determination by the agency on the motion would materially advance the ultimate
				termination of the hearing;
c.
				Whether or not the delay between the ruling and the motion would adversely
				affect the prevailing party;
d.
				Whether to wait until after the hearing would render the matter moot and
				impossible for the agency to reverse or for a reversal to have any meaning; or
e. Whether it is necessary to
				promote the development of the full record and avoid remanding.
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-09 - Prehearing conferences

Current through Supplement No. 393, July, 2024
The hearing officer may order the parties to participate in a
				  prehearing conference. Any party may request the hearing officer to hold a
				  prehearing conference, but the decision to conduct a prehearing conference is
				  the hearing officer's. The hearing officer will determine the method and manner
				  in which the prehearing conference will be conducted. The purpose of the
				  prehearing conference is to identify and simplify the issues to be decided, to
				  determine whether the pleadings need amendment or clarification, to set a
				  hearing date, to identify witnesses and exhibits, to obtain stipulations in
				  regard to foundation for testimony and exhibits, to identify and stipulate to
				  material facts not in dispute, and to consider such other matters that may
				  foster the orderly and expeditious resolution of the issues. The prehearing
				  conference will be informal, but the hearing officer may record the proceeding.
				  Agreements, amendments, stipulations, or other matters appropriate for
				  resolution through the prehearing conference may be reduced to writing, entered
				  on the record, or made the subject of an order by the hearing officer. The
				  hearing officer may require that proposed exhibits be exchanged at the
				  prehearing conference, or otherwise prior to the hearing. Proposed exhibits not
				  so exchanged may be denied admission as evidence.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-29
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-10 - Prehearing briefs

Current through Supplement No. 393, July, 2024
The hearing officer may require the parties to file written
				  statements of position prior to the prehearing conference, prior to the
				  hearing, or at the time of the hearing, summarizing their positions relative to
				  the issues, identifying material facts in dispute as well as those not in
				  dispute, and identifying applicable statutes, regulations, policies, and case
				  law.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-29, 28-32-35
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-11 - Affidavits presented by parties

Current through Supplement No. 393, July, 2024
Any party intending to introduce an affidavit in evidence
				  shall serve a copy of the affidavit upon all parties at least fifteen days
				  prior to the hearing, unless the hearing officer fixes another time period. If,
				  within seven days of such service, a party files and serves a written request
				  for the opportunity to cross-examine the affiant at the hearing, the assertions
				  may not be received in evidence unless the affiant is made available for
				  cross-examination, or the hearing officer determines that cross-examination is
				  not necessary for the full and true disclosure of facts referred to in the
				  affiant's assertions, in which case the affidavit may be introduced into
				  evidence. This procedure is not required when the parties stipulate to the
				  admission of an affidavit.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-24, 28-32-35
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-12 - Consolidation

Current through Supplement No. 393, July, 2024
The hearing officer, upon the motion of any party or upon the
				  hearing officer's own motion, may order two or more proceedings consolidated
				  for hearing if they present similar issues of fact and law, and if the rights
				  of the parties or the public interest will not be substantially prejudiced.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-35, 54-57-04
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-13 - Intervention

Current through Supplement No. 393, July, 2024
[Reserved] See North Dakota Century Code section
				   28-32-28 for statutory
				  requirements.
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-14 - Informal disposition

Current through Supplement No. 393, July, 2024
[Reserved] See North Dakota Century Code section
				   28-32-22 for statutory
				  requirements.
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-15 - Disqualification of hearing officer

Current through Supplement No. 393, July, 2024
This section applies only if a party has first petitioned the
				  hearing officer for disqualification under North Dakota Century Code section
				   28-32-27, and the hearing officer
				  has refused to disqualify himself or herself.
1. If the hearing officer whose
				disqualification is sought has been appointed or designated by the director of
				the office of administrative hearings, the party may petition the director,
				requesting appointment or designation of a different hearing officer. Upon
				receipt of the petition, the director, upon good cause shown, may appoint or
				designate a different hearing officer.
2. If the hearing officer whose
				disqualification is sought is the director of the office of administrative
				hearings, the party may petition the agency head of the agency for which the
				hearing officer is presiding, requesting appointment or designation of a
				different hearing officer. Upon receipt of the petition, the agency head, upon
				good cause shown, may require the director to appoint or designate a different
				hearing officer.
3. If the hearing
				officer whose disqualification is sought is an agency hearing officer, i.e., a
				person assigned, appointed, or designated by the agency head, the agency
				supervising hearing officer, or another agency official to preside, the party
				may petition the agency head, requesting appointment or designation of a
				different hearing officer. Upon receipt of the petition, the agency head, upon
				good cause shown, may appoint or designate a different hearing officer.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-27, 54-57-05
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-16 - Default

Current through Supplement No. 393, July, 2024
[Reserved] See North Dakota Century Code section
				   28-32-30 for statutory
				  requirements.
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-17 - Request for auxiliary aids or services

Current through Supplement No. 393, July, 2024
A party requesting auxiliary aids or services that may be
				  required for an administrative agency's hearing or related proceeding, whether
				  for the party or a witness of the party, must make the request to the
				  administrative agency prior to the hearing or related proceeding. The
				  administrative agency must respond to the request and provide the aid or
				  service if it is required to do so by federal or state law. However, the agency
				  must be given notice sufficiently prior to the hearing or related proceeding to
				  reasonably enable it to provide the aid or service. If the request is made to
				  the hearing officer, the hearing officer shall inform the agency that the
				  request has been made and refer the request to the agency. If the agency will
				  not provide the requested aid or service, the agency must notify the requesting
				  party and the hearing officer, in writing, that the request is denied and state
				  the reasons for the denial, including whether the request was denied because of
				  the timeliness of the request. If necessary, the hearing officer may reschedule
				  the hearing or related proceeding to allow for provision of the requested aid
				  or service by the agency.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-35, 28-32-36, 54-57-05
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-18 - Withdrawal of attorneys

Current through Supplement No. 393, July, 2024
1. Before the
				issuance of a notice of hearing, an attorney may withdraw an appearance for a
				party by filing a notice of withdrawal with the agency and, if the proceeding
				has been assigned to a hearing officer outside the agency, with the hearing
				officer. The notice must also be served upon the party at the party's last
				reasonably ascertainable post-office address.
2. After the issuance of a notice of hearing,
				an attorney may withdraw an appearance for a party only upon leave of the
				presiding hearing officer. To withdraw an appearance under this subsection, an
				attorney must give reasonable written notice of the time and place for
				presentation of a motion for leave to withdraw by personally serving on the
				party or by mailing to the party, using any form of mail requiring a signed
				receipt, addressed to the party at the party's last reasonably ascertainable
				post-office address, a copy of the notice and motion. The attorney must also
				file the notice and motion with the presiding hearing officer. All motions for
				leave to withdraw will be decided on briefs unless oral argument is
				specifically requested. The hearing officer may allow or require oral argument
				or testimony on the motion. All briefs must be filed with the hearing officer
				no later than the time noticed for presentation of the motion, unless, prior to
				that time, the hearing officer grants an extension of time for filing briefs.
				If oral argument or testimony is allowed or required, the hearing officer may
				hear it by telephone conference at the time noticed for presentation of the
				motion or at another time as may be scheduled by the hearing officer.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-31, 28-32-35, 54-57-05
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-02 - Prehearing Procedure › Section 98-02-02-19 - Electronic filing and service

Current through Supplement No. 393, July, 2024
1.
Electronic
				filing.
a. Documents may be filed
				electronically with an agency, if permitted by the agency. If a proceeding has
				been assigned to a hearing officer outside of the agency and the agency permits
				documents to be filed electronically, documents may be filed electronically
				with the designated hearing officer. If a proceeding has been assigned to a
				hearing officer outside the agency and the agency has not stated whether it
				will permit electronic filing, documents may be filed electronically with the
				designated hearing officer, if permitted by the hearing officer or the hearing
				officer's agency.
b. A document
				filed electronically has the same legal effect as a paper document.
c. The typed name or facsimile signature on a
				document filed electronically has the same effect as an original manually
				affixed signature.
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-03 - Hearing Procedure › Section 98-02-03-01 - Evidentiary purpose

Current through Supplement No. 393, July, 2024
An evidentiary hearing need be conducted only in cases where
				  genuine issues of material fact must be resolved. When it appears from
				  pleadings, admissions, stipulations, affidavits, or other documents that there
				  are no matters of material fact in dispute, the hearing officer, upon motion of
				  a party or upon the hearing officer's own motion, may conclude that the hearing
				  can proceed without conducting an evidentiary hearing and enter an order so
				  finding, vacating the hearing date if one has been set. Before entering an
				  order, the hearing officer may fix a time for filing briefs or taking oral
				  argument.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-35, 54-57-04