NDAC 98-02-02-18
Withdrawal of attorneys
Cite as N.D. Admin. Code ยง 98-02-02-18
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.