NDAC 27-03-06-03
Hearing of the appeal
Cite as N.D. Admin. Code ยง 27-03-06-03
1.
All hearings shall be conducted informally and in such manner as to determine the substantial
rights of the parties. All issues relevant to the appeal shall be considered and passed upon.
The claimant and any other interested party may present such evidence as may be pertinent.
2.
Where a party is present in person, the referee shall examine such party, and the party's
witnesses, if any. At any hearing of an appeal, the referee, with or without notice to the parties,
may take such additional evidence as the referee deems necessary. The parties and their
representatives may examine or cross examine witnesses, inspect documents, and explain or
rebut any evidence.
3.
The referee shall place all witnesses under oath and all testimony shall be recorded, however,
it need not be transcribed unless further appeal is made.
4.
The parties to an appeal, with the consent of the referee, may stipulate the facts involved in
writing. The referee may decide the appeal on the basis of such stipulation, or, in the referee's
discretion, may set the appeal down for hearing and take such further evidence as the referee
deems necessary to enable the referee to determine the issue.
5.
Subpoenas to compel the attendance of witnesses and the production of records for any
hearing on an appeal may be issued by the referee or by a duly authorized representative of
the bureau.
6.
A witness subpoenaed for appearance at hearings before the appeal tribunal, the bureau, or a
court shall be paid for each day's attendance and for each mile traveled one way, in such an
amount as fixed by law in civil proceedings. Fees and mileage of such witness subpoenaed
either by the bureau or on behalf of any party to an appeal shall be deemed part of the
expenses of administering the unemployment compensation law.
7.
Any individual may appear for oneself in any proceedings before a referee. Any partnership
may be represented by any of its members. Any party in interest may be represented by
counsel.
8.
No referee or member of an appeal tribunal shall participate in the hearing of an appeal in
which the person has an interest. Challenges to the interest of any referee or member of the
appeal tribunal shall be heard and decided by the bureau.