NDAC 27-03-06-04
Adjournment - Failure to appear
Cite as N.D. Admin. Code ยง 27-03-06-04
1.
At the referee's discretion, the referee may adjourn a hearing in order to secure additional
evidence. The referee may postpone a hearing if the referee decides that such action is
necessary to afford all parties a fair hearing.
2.
The referee shall continue or reopen a hearing for good cause, and shall use the referee's
best judgment as to when a continuance or reopening of a hearing shall be granted in order
that all evidence possible be obtained. Notice of time and place of the reconvening of the
hearing will be given by the referee.
3.
In the event any party in interest fails to appear at a hearing, the referee may adjourn the
hearing to a later date, or the referee may proceed with the hearing. The referee shall review
the file and record and question any party present.
4.
An appeal from a determination or redetermination may, with the permission of the referee, be
withdrawn before a hearing thereon. Upon such withdrawal, the determination or
redetermination as issued shall be final.