NDAC 43-02-03-88.2
Hearing participants by remote communication or other reliable electronic means
Cite as N.D. Admin. Code § 43-02-03-88.2
In any hearing, the commission may, at its discretion, allow remote communication or
communication by other reliable electronic means of witnesses and interested parties. The procedure is
as follows:
1.
Notice of an applicant's witness appearing by remote communication or communication by
other reliable electronic means must be submitted in writing at least two business days prior to
the hearing date.
2.
Notice of an interested party appearing by remote communication or communication by other
reliable electronic means must be submitted in writing to the applicant and the commission at
least three business days prior to the hearing date. The 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.
The hearing examiner may disallow remote communication or communication by other reliable
electronic means and may schedule or reschedule for an in-person hearing.
4.
All parties participating by remote communication or communication by other reliable
electronic means shall have an attorney or representative present at the hearing who is
responsible for providing the commission at the time of the hearing with any documentary
evidence requested to be included in the record, and for any other matters necessary for the
party to participate by remote communication or communication by other reliable electronic
means. This requirement may be waived at the discretion of the hearing examiner for good
cause.
5.
All parties participating by remote communication or communication by other reliable
electronic means shall file an affidavit verifying the identity of such party. The record of such
remote communication or communication by other reliable electronic means is not considered
evidence in the case unless said affidavit is received by the commission prior to an order
being issued by the commission. The commission shall provide a form affidavit. The
commission may refuse to consider all or any part of the information received from any party
participating by remote communication or communication by other reliable electronic means.
6.
For all hearings allowing remote communication or communication by other reliable electronic
means, the commission shall provide a hearing room equipped with remote communication
equipment.