NDAC 43-02-02.2-77
Hearing participants by telephone
Cite as N.D. Admin. Code ยง 43-02-02.2-77
In any hearing the commission may allow witnesses and interested parties to participate by
telephone. The procedure to do so is as follows:
1.
An applicant's participation by telephone will be considered if a written request is made at
least ten business days before the hearing.
2.
An interested party's participation by telephone will only be considered if the party notifies the
applicant and the commission in writing at least three business days before the hearing. Such
notice must include the subject hearing, the name and telephone number of the interested
party, and the name and telephone number of the interested party's attorney or representative
that will be present at the hearing.
3.
In the event an objection to any person's participation by telephone is received, the hearing
examiner may disallow participation by telephone and may reschedule the hearing. The
department will notify all parties whether or not the request to participate by telephone is
granted or denied.
4.
All persons participating by telephone must have an attorney or other representative present
at the hearing who shall be responsible for actually telephoning or otherwise connecting the
person to the hearing, for providing the commission with any materials requested to be
included in the record, and for any other matters necessary for the party to participate by
telephone.
5.
All parties participating by telephone shall file an affidavit verifying the identity of such party.
The record of any telephonic participation will not be considered evidence in the case unless
the affidavit is received by the department prior to an order being issued by the commission.
The commission shall provide a form affidavit. The commission has the discretion to refuse to
consider all or any part of the information received from any party participating by telephone.
6.
For all hearings allowing participation by telephone, the department shall provide a hearing
room equipped with a speaker telephone.
7.
The cost of telephonic communication shall be paid by the party requesting its use.