reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-03 - Conferences › Section 69-02-03-01 - To adjust or settle proceedings

Current through Supplement No. 393, July, 2024
Conferences may be held to expedite the orderly conduct and
				  disposition of the hearing. Conferences may concern the following:
1. Simplification of issues.
2. Necessity or desirability of amendments to
				the pleadings.
3. Simultaneous
				exchange or imposition of a timetable for the exchange of printed testimony and
				exhibits proposed to be offered in evidence.
4. Admissions or stipulations of facts not in
				dispute.
5. Admissions and
				stipulations of authenticity of documents.
6. Limitation of the number of witnesses.
7. Limitation of the time allowed
				for the testimony of witnesses.
8.
				Offers and proposals of settlement and adjustment.
9. Other matters that may be necessary or
				desirable to expedite the proceeding.
10. Unaccepted proposals of settlement,
				adjustment, procedure, or stipulations are privileged and not admissible in
				evidence against any party.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 28-32-08.1, 28-32-08.3,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-03 - Conferences › Section 69-02-03-03 - Initiation of conferences

Current through Supplement No. 393, July, 2024
Upon its own motion or the motion of any party, the
				  commission or a hearing officer may direct that a conference be held and order
				  the parties to appear. Due notice of the time and place of the conference must
				  be given to all parties.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 28-32-08.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-03 - Conferences › Section 69-02-03-04 - Conference results

Current through Supplement No. 393, July, 2024
Upon conclusion of the conference, the results must be
				  immediately reduced to writing. The original and seven copies must be filed
				  with the commission. Stipulations may be received in evidence at a hearing and,
				  when and so received, shall be binding on the parties with respect to the
				  matters concerned. All stipulations are subject to commission approval.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 28-32-08.1, 28-32-08.3,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-04 - Hearings › Section 69-02-04-02 - Appearances

Current through Supplement No. 393, July, 2024
Each interested party shall enter an appearance at the
				  beginning of the hearing by giving the party's name and address and briefly
				  stating the capacity in which the party appears. All appearances must be noted
				  on the record.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-04 - Hearings › Section 69-02-04-03 - Continuance

Current through Supplement No. 393, July, 2024
After hearings are scheduled, continuances may be granted by
				  the commission for good cause. A motion for continuance must be in writing,
				  unless made at the commencement of a hearing, and must be filed with the
				  commission, and served on each party. The motion must be made as far in advance
				  of the date fixed for hearing as possible. The commission may effect a
				  continuance upon its own motion. When a substantive hearing officer is
				  designated, the substantive hearing officer may rule on continuances unless the
				  commission directs otherwise.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 28-32-08.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-04 - Hearings › Section 69-02-04-04 - Consolidation

Current through Supplement No. 393, July, 2024
The commission, upon its own motion or upon motion by any
				  party, may order two or more proceedings involving a similar question of law or
				  facts to be consolidated for hearing where rights of the parties or the public
				  interest will not be prejudiced by the consolidation.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-04 - Hearings › Section 69-02-04-05 - Waiver of hearing - Shortened procedure

Current through Supplement No. 393, July, 2024
In any proceeding in which the commission is authorized to
				  act after opportunity for hearing, opportunity is afforded by service of notice
				  fixing a reasonable period of time within which any person desiring to be heard
				  may file a protest or request for ahearing. If a protest or request for hearing
				  is not filed within the time provided, the commission may dispose of the matter
				  on the basis of the pleadings, other submittals, and the studies and
				  recommendations of the staff. A party not requesting oral hearing in the
				  party's pleading is deemed tohave waived a hearing for the purpose of the
				  decision, but not for the purpose of applying for rehearing with respect to the
				  decision. If a person requests a hearing but does not show good cause, the
				  commission may determine the matter without a hearing.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC 28-32-11.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-04 - Hearings › Section 69-02-04-06 - Order of procedure

Current through Supplement No. 393, July, 2024
In their respective hearing, the complainant, petitioner, or
				  applicant shall open and close. In hearings on an order to show cause or
				  involving investigation and suspension of rates, tariffs, or schedules, the
				  respondent shall open and close. In all other hearings, the hearing officer may
				  direct who shall open and close. When proceedings have been consolidated for
				  hearing, the hearing officer shall designate who shall open and close.
				  Interveners shall follow the parties in whose behalf the intervention is made;
				  where the intervention is not in support of an original party, the hearing
				  officer shall designate at which stage the intervener shall be heard. In
				  proceedings where the evidence is materially within the knowledge or control of
				  another party or participant, the foregoing order may be varied by the hearing
				  officer
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-04 - Hearings › Section 69-02-04-07 - Hearing officer

Current through Supplement No. 393, July, 2024
When evidence is to be taken in a proceeding, either the
				  commission, any member thereof, or one or more of its duly designated hearing
				  officers may preside at the hearing. Hearing officers are designated as
				  procedural or substantive.
1.
				Authority delegated. The hearing officer may:
a. Regulate the course of hearing.
b. Administer oaths.
c. Issue subpoenas.
d. Take depositions or cause depositions to
				be taken.
e. Receive evidence.
f. Rule upon offers of proof.
g. Hold conferences before or
				during hearings.
h. Dispose of
				procedural matters so long as the disposition does not involve a final
				determination of proceedings.
i.
				Certify any question to the commission for its consideration and disposition.
j. Exclude evidence.
k. Authorize any party to furnish and serve
				designated late filed exhibits within a specified time after the close of the
				hearing.
I. Authorize discovery.
m. Request or require that the
				parties file briefs, memoranda, or proposed findings of fact and conclusions of
				law, and set a schedule for filing and serving same.
n. Take any other action necessary or
				appropriate to discharge the duties vested in the hearing officer.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-04 - Hearings › Section 69-02-04-08 - Appeal to commission from ruling of hearing officer

Current through Supplement No. 393, July, 2024
An appeal may be taken to the full commission from a ruling
				  of a hearing officer during the course of a hearing only where extraordinary
				  circumstances necessitate a prompt decision by the commission to prevent
				  detriment to the public interest. Any offer of proof made in connection with an
				  objection taken to any ruling of the hearing officer rejecting or excluding
				  proffered oral testimony must consist of a statement of the substance of the
				  evidence which the offering party contends would be adduced by such testimony;
				  and, if the excluded evidence refers to or consists of documentary evidence, a
				  copy of it must be marked for identification and constitutes part of the offer
				  of proof.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 28-32-08.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-04 - Hearings › Section 69-02-04-09 - Oral argument

Current through Supplement No. 393, July, 2024
1.
Before
				hearing officer.
The hearing officer may set a time for the presentation
				of oral argument when time permits and the nature of the proceedings, the
				complexity or importance of the issues, and the public interest warrant. The
				hearing examiner may impose appropriate time limits. Oral arguments will be
				transcribed and bound with the transcript of testimony.
2.
Before the full commission.
A
				request to present oral argument before the full commission may be made at any
				time. The commission will set the time for oral argument, if allowed, and may
				impose time limits upon the arguments.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 28-32-08.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-04 - Hearings › Section 69-02-04-10 - Briefs - Proposed findings of fact and conclusions of law

Current through Supplement No. 393, July, 2024
1. Each party to a
				proceeding may file proposed findings of fact and conclusions of law, briefs,
				or memoranda of law. However, the hearing officer may direct any party to file
				proposed findings of fact and conclusions of law, briefs, or memoranda of law.
2. The hearing officer will fix
				the time for the filing and service of proposed findings of fact and
				conclusions of law, briefs, or memoranda of law, and the order in which each
				shall be filed.
3. When it is
				ordered that proposed findings of fact and conclusions of law, briefs, or
				memoranda of law be filed and served, and where the party that initiated the
				proceeding fails to file and serve by the due date, the commission may dismiss
				the proceeding. Failure to file when due by an intervener, protestant, or
				respondent may be considered a waiver of the right to participate further.
4. Exhibits should not be
				reproduced in a brief, but may be reproduced in an appendix to the brief. Every
				brief of more than twenty pages shall contain a subject index, with page
				references, and an alphabetical list of all citations with references to the
				pages where the citations appear. Briefs must be as concise as possible.
5. Briefs must be accompanied by a
				certificate showing service upon all parties who appeared at the hearing. An
				original and seven copies of each brief will be filed with the commission.
6. The time within which any act
				is required to be performed or may be performed will be computed in accordance
				with the North Dakota Rules of Civil Procedure.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-05 - Evidence › Section 69-02-05-01 - Rules of evidence

Current through Supplement No. 393, July, 2024
Evidence is admissible in accordance with the North Dakota
				  Rules of Evidence. The commission or the hearing officer, however, may waive
				  the rules of evidence where such waiver is necessary to ascertain the
				  substantial rights of a party but only relevant evidence may be admitted. A
				  waiver of the rules of evidence must be stated specifically. When objection is
				  made to the admissibility of evidence, the hearing officer may receive the
				  evidence subject to later ruling by the commission.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-05 - Evidence › Section 69-02-05-02 - Witnesses

Current through Supplement No. 393, July, 2024
Witnesses will be orally examined under oath unless their
				  testimony is taken by deposition as provided in section
				  69-02-05-04. Written testimony of
				  any witness may be received when properly supported by the oral testimony of
				  its author on direct examination subject to cross-examination and motion to
				  strike.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 28-32-06, 28-32-21.2,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-05 - Evidence › Section 69-02-05-03 - Subpoena

Current through Supplement No. 393, July, 2024
1. Subpoenas for the attendance of witnesses
				or for the production of documentary evidence, unless directed by the
				commission upon its own motion, will issue only upon written
				application.
2. A party must show
				the general relevance and reasonable scope of the evidence sought before a
				subpoena will issue for the production of documentary evidence. Subpoenas for
				the production of documentary evidence must be authorized in writing.
3. The cost of serving a subpoena must be
				paid by the party requesting it. Any witness who is subpoenaed under the
				provisions of this rule and who appears at the hearing must receive the
				samefees and mileage as witnesses in the district courts of this state, and the
				costs will be paid by the party at whose instance the witness appears. No
				witness fees will be allowed except on a subpoena.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 28-32-09,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-05 - Evidence › Section 69-02-05-05 - Stipulations

Current through Supplement No. 393, July, 2024
The parties may agree upon all or part of the facts involved
				  in the controversy. A stipulation must be in writing unless made orally at the
				  hearing and may be received as evidence at the hearing.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-05 - Evidence › Section 69-02-05-06 - Documentary evidence

Current through Supplement No. 393, July, 2024
Where relevant and material evidence is embraced in a book,
				  paper, or a document containing other matter not material or relevant, the
				  offering party must plainly designate the relevant and material matter. If the
				  other matter is so voluminous that it would unnecessarily encumber the record,
				  it will not be received in evidence. It may be marked for identification and,
				  if authenticated, the relevant and material matter may be read into the record,
				  or copied and be received as an exhibit. All parties appearing at the hearing
				  shall be afforded an opportunity to examine the entire book, paper, or document
				  and offer in evidence any portion found to be material and relevant. Any matter
				  contained in a report or other document on file with the commission may be
				  offered in evidence by specifying the report, document, or other file
				  containing the matter so offered.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-05 - Evidence › Section 69-02-05-07 - Exhibits

Current through Supplement No. 393, July, 2024
Exhibits must be on paper of good quality, be plainly legible
				  and durable and may not exceed eight and one-half by eleven inches [21.59 by
				  28.21 centimeters]. If an exhibit exceeds the size limit, it is acceptable if
				  it can be folded to conform to the size requirement. Whenever practicable, the
				  sheets of each exhibit and lines of each sheet should be numbered, and, if the
				  exhibit consists of five or more sheets, the first sheet or title page should
				  contain a brief statement of what the exhibit purports to show with reference
				  by sheet and line to illustrative or typical example contained in the exhibit.
				  Whenever practicable, documents sponsored by a single witness should be
				  assembled and bound together, suitably arranged, and indexed so that they may
				  be identified and offered as one exhibit. The source of all material contained
				  in any exhibit should be shown.
1.
Copies.
Seven copies of each exhibit must be provided, in addition
				to a copy for each party.
2.
Prefiling.
The commission may permit or require the filing and
				serving of exhibits in advance of the hearing in order to enable participants
				to prepare cross-examination.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-05 - Evidence › Section 69-02-05-08 - Official notice

Current through Supplement No. 393, July, 2024
The commission may take notice of any fact in its records and
				  files, to which reference is made on the record at the hearing and any fact
				  judicially noticed by the courts of this state. Official notice will be taken
				  without offer or production of that portion of any tariff or schedule which is
				  the subject matter of an order of investigation or
				  suspension.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 28-32-06,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-05 - Evidence › Section 69-02-05-09 - Former employees

Current through Supplement No. 393, July, 2024
Except with the written permission of the commission, no
				  former employee of the commission or member of the attorney general's staff
				  assigned to the commission may appear in a representative capacity or as an
				  expert witness on behalf of other parties at any time within six months after
				  severing the employee's or member's association with the commission, nor may
				  the employee or member appear after the six-month period in any proceeding in
				  which the employee or member previously took an active part when associated
				  with the commission.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-05 - Evidence › Section 69-02-05-11 - Ex parte communications

Current through Supplement No. 393, July, 2024
Ex parte communications, as defined in North Dakota Century
				  Code section 28-32-12.1, are strictly prohibited. Any ex parte written
				  communication to the commission must be filed with the executive secretary of
				  the commission who shall disclose the communications to the parties and place
				  the communication in a public file associated with the pending proceeding, but
				  separate from the record material upon which the commission can rely in
				  reaching its decision.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC 28-32-12.1,
					 49-01-07
.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-05 - Evidence › Section 69-02-05-12 - Interrogatories in cases under North Dakota CenturyCode title 49

Current through Supplement No. 393, July, 2024
Any party to a public utility proceeding under North Dakota
				  Century Codetitle 49 may serve upon any other party written interrogatories to
				  be answered by theparty served or. if the party served is a public or private
				  corporation or a partnershipor association or governmental agency, by any
				  officer or agent, who shall furnishsuch information as is available to the
				  party. Each interrogatory must be answeredseparately and fully in writing,
				  unless it is objected to, in which event the objectingparty shall state the
				  reasons for the objection and shall answer to the extent theinterrogatory is
				  not objectionable. The party upon whom the interrogatories havebeen served
				  shall serve a copy of the answers, and objections, if any, within tenbusiness
				  days after the service of the interrogatories. A shorter or longer timemay be
				  directed by the commission or. in the absence of such direction, agreedto in
				  writing by the parties. Any ground for an objection to an interrogatory mustbe
				  stated with specificity. Any ground not stated in a timely objection is
				  waivedunless the party's failure to object is excused by the commission for
				  good causeshown. A party answering interrogatories shall set out the
				  interrogatory immediatelypreceding the answer.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC 49
.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-06 - Reopening and Reconsideration › Section 69-02-06-01 - Petition to reopen

Current through Supplement No. 393, July, 2024
At any time after the conclusion of a hearing, but before
				  the final order is issued or a rule is adopted, any party may file a petition
				  to reopen the proceeding for the purpose of taking additional evidence.
1.
Contents.
The petition must
				set forth clearly the facts claimed to constitute the grounds requiring
				reopening of the proceeding, including any material changes of fact or law
				alleged to have occurred since the conclusion of the hearing.
2.
Service.
A copy of the
				petition to reopen must be served by the petitioning party upon all parties and
				a certificate to that effect must be attached to the petition when filed with
				the commission. The original and seven copies must be filed with the
				commission.
3.
Responses.
Within ten days following the service of a petition to reopen, any other
				party may file a response. The response must be served on the parties and the
				original response and certificate of service and seven copies must be filed
				with the commission. Failure to file a response is a waiver of any objection to
				the granting of the petition.
4.
Order to reopen.
If the commission has reason to believe the
				conditions of fact or law have so changed as to require, or that public
				interest requires, the reopening of a proceeding, the commission may issue an
				order to reopen.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-06 - Reopening and Reconsideration › Section 69-02-06-02 - Petition for reconsideration

Current through Supplement No. 393, July, 2024
1.
Time for filing.
A petition for reconsideration must be filed
				within fifteen days after notice of the decision has been given under North
				Dakota Century Code section
				28-32-13.
2.
Content.
The petition must
				state the specific grounds upon which the petition rests or a statement of any
				further showing to be made. The petition must also state if a rehearing or oral
				argument is requested.
3.
Service.
A petition must be served by the petitioner upon all
				parties and a certificate to that effect must be attached to and filed with the
				commission at the time the petition is filed. The original and seven copies
				must be filed with the commission.
4.
Responses.
Within ten days
				after the service of the petition, any party to the proceeding may file with
				the commission an original and seven copies of the party's response. Failure is
				a waiver of any objection to the granting of the petition.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-07 - Rules › Section 69-02-07-01 - Generally

Current through Supplement No. 393, July, 2024
An application for the amendment, repeal, or adoption of any
				  commission rule shall state the precise wording of the proposed rule and shall
				  state briefly the reasons for amendment, repeal, or adoption. The commission
				  may, at any time, propose adoption, amendment, or repeal of any rule. Hearings
				  will be held on all proposed substantive rules and may also be held on proposed
				  procedural rules.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-07 - Rules › Section 69-02-07-02 - Notice

Current through Supplement No. 393, July, 2024
1. The commission will issue a notice that
				the rules are proposed and set for hearing which will include:
a. A short, specific explanation of the
				proposed rule;
b. A brief
				explanation of the purpose of the proposed rule;
c. A determination of whether the proposal
				impacts the regulated community in excess of fifty thousand dollars;
d. A location where the text of the proposed
				rule may be reviewed;
e. Notice to
				interested persons of the opportunity to submit written comments and to appear
				and testify at the hearing to offer oral testimony;
f. The address to which written comments may
				be sent;
g. The address and
				telephone number at which a copy of the proposed rules and regulation analysis
				may be requested; and
h. The date,
				time, and place of the hearing.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-08 - Meetings › Section 69-02-08-01 - Generally

Current through Supplement No. 393, July, 2024
The commission must conduct open meetings at which the
				  public may attend but will not be permitted to participate. The agenda for each
				  open meeting will be made available in advance of the session. Items may be
				  added to, or stricken from, the agenda without further notice. Public documents
				  relating to the items on the agenda may be examined in the commission offices.
				  As permitted by law, the commission may conduct closed meetings to consider
				  quasi-judicial proceedings, which include major rate cases and certificate
				  proceedings for transmission lines and energy conversion plants. The commission
				  will continue to report the results of these deliberations in written opinions
				  and orders resolving each case.
General Authority:
NDCC
				  28-32-02
Law Implemented:
NDCC
				  49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-09 - Procedures for Protecting Information from Disclosure › Section 69-02-09-01 - Application to protect information

Current through Supplement No. 393, July, 2024
Except as provided in section
				  69-02-09-13, a person requesting
				  protection of information in an administrative proceeding or in a response to a
				  commission request for information shall file an application with the
				  commission. The application must include at least the following:
1. A general description of the nature of the
				information sought to be protected.
2. The specific law or rule on which
				protection is based.
3. If the
				basis for protection is that the information is trade secret:
a. An explanation of why the information
				derives independent economic value, actual or potential, from not being
				generally known to other persons;
b. An explanation of why the information is
				not readily ascertainable by proper means by other persons;
c. A general description of the persons or
				entities that would obtain economic value from disclosure or use of the
				information;
d. A specific
				description of known competitors and competitors' goods and services that are
				pertinent to the tariff or rate filing; and
e. A description of the efforts used to
				maintain the secrecy of the information.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-09 - Procedures for Protecting Information from Disclosure › Section 69-02-09-02 - Filing of application

Current through Supplement No. 393, July, 2024
1. The application
				must be addressed to and filed with the executive secretary of the
				commission.
2. The protected
				material filed with the application or pursuant to section
				69-02-09-13 must be separately
				bound and placed in a sealed envelope, or other appropriate, sealed container,
				which must be labeled:
PROTECTED INFORMATION - PRIVATE
. An
				original and seven copies of the public portion of the application must be
				filed unless this requirement is waived by the commission. Only one copy of the
				protected material may be filed.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-06, 44-04-18.4,
					 47-25.1
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-09 - Procedures for Protecting Information from Disclosure › Section 69-02-09-03 - Processing the application

Current through Supplement No. 393, July, 2024
When an application for protection of information is filed,
				  the commission staff shall examine the information and application and make
				  file and serve a response that includes a recommendation on whether the
				  information qualifies for protection. If the basis for requesting protection is
				  that the information is trade secret, the staff response must include a
				  recommendation on whether the information is relevant and a is trade secret
				  under the definition of trade secret in North Dakota Century Code section
				  47-25.1-01. The commission will
				  make a determination on the application from the application the
				  recommendation, and any response received from those served.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 28-32-06,
					 47-25.1
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-09 - Procedures for Protecting Information from Disclosure › Section 69-02-09-04 - Protective order

Current through Supplement No. 393, July, 2024
Upon a determination that information qualifies for
				  protection, the commission shall issue a protective order limiting
				  disclosure.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 28-32-06,
					 47-25.1
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-09 - Procedures for Protecting Information from Disclosure › Section 69-02-09-05 - Request for hearing - Who may request - Time - Burden of proof

Current through Supplement No. 393, July, 2024
1. Upon a
				determination that the information does not qualify for protection, the
				applicant will be notified and has seven days to request a hearing before the
				commission, or obtain appropriate injunctive relief from the courts. If no
				hearing is requested or the commission is not otherwise restrained, the
				information will become part of the public record without protection. The
				burden of proof in such a hearing is on the party seeking to prevent
				disclosure.
2. If any person
				disagrees with the designation of information as protected or with its
				nondisclosure, the person shall first attempt to informally dispose of the
				dispute with the party seeking to prevent disclosure. If the dispute cannot be
				resolved, any person may request a hearing before the commission to determine
				the protected status.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 28-32-06,
					 47-25.1
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-09 - Procedures for Protecting Information from Disclosure › Section 69-02-09-06 - Request for hearing - Contents

Current through Supplement No. 393, July, 2024
A request for hearing must be in writing. An original and
				  seven copies of the request must be filed with the executive secretary of the
				  commission. The request must identify the reason the information should be
				  disclosed, or not protected. In any hearing the burden of proof is on the party
				  seeking to prevent disclosure.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 28-32-06,
					 47-25.1
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-09 - Procedures for Protecting Information from Disclosure › Section 69-02-09-07 - Viewing protected information

Current through Supplement No. 393, July, 2024
1. The commission
				and its staff, and any outside counsel retained by the commission, may view
				protected information filed with the commission at any time. However, the
				commission and its staff are bound by the terms of these rules to keep the
				information confidential and must execute the protective agreement as required
				in subsection 3. The originator (applicant for protected status) may also view
				the information at any time without the necessity of executing the protective
				agreement required in subsection 3.
2. Others who wish to view protected
				information, including experts who are not regular full-time employees of the
				commission, and opposing counsel and experts, may do so only after
				authorization from the commission. The commission may grant authorization when
				the person wishing to view the information submits a written request that
				includes all of the following:
a. The name and
				address of the person who will view the information;
b. Identification, as specifically as
				possible, of the information requested;
c. A showing of good cause why the
				information is needed;
d.
				Identification of the purpose of the review;
e. Identification of the intended use of the
				information; and
f. An estimate of
				the time needed for review.
The requesting person shall file the original written request
				  with the commission and serve it upon the originator at least ten days prior to
				  the time the person desires to view the information unless the originator
				  agrees to a shorter notice period.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-09 - Procedures for Protecting Information from Disclosure › Section 69-02-09-08 - References to protected information at hearings

Current through Supplement No. 393, July, 2024
To the extent that reference is made to any e ee protected
				  information by a person afforded access to such information during any aspect
				  of the proceeding, the information should be referenced only by its title or
				  its exhibit identification, or in a manner that does not unnecessarily disclose
				  the confidential information. If specific disclosure of the confidential
				  information is necessary during oral testimony or argument, it must be on such
				  prior notice as is feasible and, in any event, on sufficient notice to clear
				  the hearing room of persons not bound by this chapter.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 28-32-06,
					 47-25.1
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-09 - Procedures for Protecting Information from Disclosure › Section 69-02-09-09 - Protection of protected information

Current through Supplement No. 393, July, 2024
Any part of the record of a proceeding containing protected
				  information, including exhibits and transcript pages, must be protected unless
				  otherwise ordered by the commission. If a commission order requires a finding
				  based on protected information, the order must reference the confidential
				  nature of the finding and a separate, confidential document must be prepared to
				  state fully the finding of fact and the protected information relied upon to
				  support the finding.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 28-32-06,
					 47-25.1
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-09 - Procedures for Protecting Information from Disclosure › Section 69-02-09-10 - Copies of information used during hearing

Current through Supplement No. 393, July, 2024
Copies of the protected information may be made for use
				  during a hearing for persons bound by these rules. If copies are made for
				  hearing purposes, they must be numbered. Upon the completion of the hearing,
				  all copies of the information must be returned to the disclosing party or
				  commission staff.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 28-32-06,
					 47-25.1
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-09 - Procedures for Protecting Information from Disclosure › Section 69-02-09-11 - Documents certified on appeal

Current through Supplement No. 393, July, 2024
When an order of the commission is appealed and the documents
				  are certified to court, copies must be made of the protected information. The
				  copies of protected information must be placed in a sealed envelope, or other
				  appropriate, sealed container, and labeled:
"PROTECTED INFORMATION
				  -PRIVATE"
. The originals of the protected information must be retained
				  in the commission's protected information file. When the court issues its
				  decision and returns the case record to the commission, the copies of protected
				  information must be filed with the originals in the commission's protected
				  information file.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 28-32-06,
					 47-25.1
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-09 - Procedures for Protecting Information from Disclosure › Section 69-02-09-12 - Disposal of protected information

Current through Supplement No. 393, July, 2024
Except for information filed under section
				  69-02-09-13, when a case or file
				  containing protected information has been closed for one year the commission
				  will dispose the protected information by shredding.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 28-32-06,
					 47-25.1
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-09 - Procedures for Protecting Information from Disclosure › Section 69-02-09-13 - Information filed by telecommunications companies

Current through Supplement No. 393, July, 2024
Information identified in subsections 1 through 5 of this
				  section is protected without need for the originator to file an application and
				  without further action by the commission, unless the commission orders
				  otherwise. Subsections 1 through 4 of section
				  69-02-09-01, subsection 1 of
				  section 69-02-09-02, sections
				  69-02-09-03,
				  69-02-09-04, and subsection 1 of
				  section 69-02-09-05 do not apply to
				  information filed under this section.
1. Detailed information concerning
				telecommunications infrastructure projects.
2. Disaggregated data on provisioned volumes
				of local services by service type and local exchange.
3. Disaggregated data on provisioned volumes
				and associated revenue of switched access traffic by jurisdiction or local
				exchange.
4. Detailed information
				on service outages as defined in title 47, Code of Federal Regulations, part 4,
				section 4.5, in effect as of January 30, 2017.
5. Financial information required by the
				federal communications commission to be copied to the commission, accompanied
				by the filing of a copy of the federal communications commission's protective
				order for that information.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-06, 44-04-18.4,
					 47-25.1
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter:
1. "Act" means the federal Telecommunications Act of 1996 [
				  Pub. L. No.
				  104-104 ].
2. "Arbitration" is a dispute resolution process by which a
				  neutral third party renders a decision on disputed issues which is binding on
				  the parties, subject to commission approval.
3. "Arbitrator" is the term used to identify the arbitration
				  decisionmaker.
4. "Commission" means the North Dakota public service
				  commission.
5. "Entire package final offer arbitration" is a procedure
				  under which the arbitrator must select, without modification, the entire
				  proposal of one of the parties.
6. "Final offer arbitration" is a procedure under which each
				  party submits a final offer concerning the issues subject to arbitration, and
				  the arbitrator selects, without modification, one of the final offers by the
				  parties to the arbitration, or portions of both such offers.
7. "Issue-by-issue final offer arbitration" is a procedure
				  under which the arbitrator must select, without modification, on an
				  issue-by-issue process, one of the proposals of either party on each issue.
8. "Modified final offer arbitration" is a procedure under
				  which each party submits a final offer concerning the issues subject to
				  arbitration, and the arbitrator may select and modify one of the final offers
				  by the parties to the arbitration, or portions of both such offers.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-02 - Scope of rules

Current through Supplement No. 393, July, 2024
These rules govern arbitrations of open or unresolved issues
				  which arise under sections 251 and 252 of the Act, where one or more of the
				  parties to a particular negotiation petition for arbitration.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-03 - Representation

Current through Supplement No. 393, July, 2024
The parties may be represented by counsel. The attorney for
				  a party may act on the party's behalf.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-04 - Commencement of arbitration

Current through Supplement No. 393, July, 2024
The arbitration process is commenced with the filing of a
				  petition with the commission pursuant to section 252(b)(1) of the Act by any
				  party to the negotiation process within the time period designated in the Act.
				  The arbitration process is deemed to begin on the date the petition is filed
				  with the commission. The petitioning party must deliver a copy of the petition
				  with proof of service on all parties to the negotiation on the day the petition
				  is filed with the commission.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-05 - Contents of petition

Current through Supplement No. 393, July, 2024
The petition must be filed in accordance with the
				  commission's rules of practice and procedure. The petition must include the
				  following information:
1. The name,
				address, telephone number, e-mail address, and fax number of the party making
				the request.
2. The name, address,
				telephone number, e-mail address, and fax number of the other party to the
				negotiation.
3. The name, address,
				telephone number, e-mail address, and fax number of each representative of the
				parties who are participating in the negotiation.
4. A summary of the negotiation history
				including mediation proceedings.
5. A comprehensive statement identifying all
				unresolved issues including all relevant documentation concerning those
				unresolved issues.
6. A statement
				of the position of each of the parties concerning the unresolved issues
				including all relevant documentation pertaining to those issues.
7. A statement identifying the issues that
				have been resolved through voluntary negotiation.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-10 - Arbitration › Section 69-02-10-06 - Relevant documentation

Current through Supplement No. 393, July, 2024
Relevant documentation, for purposes of an arbitration
				  proceeding, includes:
1. A brief or
				other written statement addressing the disputed issues, applicable state or
				federal law, and applicable state or federal regulations.
2. In the case of price disputes, the
				incumbent local exchange company's proposed rates or charges, and all relevant
				cost studies and supporting documentation.
3. Conditions that the parties request be
				imposed together with justification for the requested conditions.
4. A proposed schedule for implementation of
				the terms and conditions of the agreement.
5. Proposed interconnection agreements
				submitted by both the petitioner and the respondent.
6. All other documents relevant to the
				dispute, including copies of all documents intended to be introduced as
				evidence in the proceeding.
General Authority: NDCC
					 28-32-02,
					 49-02-11
Law Implemented: NDCC 28-32-05.1,
					 49-01-07