N.D. Admin Code 98-02-02-06 - Discovery

1. General. Parties may obtain discovery in accordance with the North Dakota Rules of Civil Procedure. The hearing officer shall recognize all privileged information or communications which are recognized by law.

2. Identification of witnesses. The hearing officer may require a party to disclose the names and addresses of all witnesses that the party intends to call at the hearing. All witnesses unknown at the time of that disclosure must be disclosed as soon as they become known. Any party failing to make disclosure required by this section without good cause may, at the discretion of the hearing officer, be foreclosed from presenting evidence at the hearing through witnesses not disclosed.

3. Failure to comply with discovery. The provisions of rule 37 of the North Dakota Rules of Civil Procedure regarding failure to make or cooperate in discovery, and sanctions do not apply in adjudicative proceedings except as provided in this section. Upon failure of a party to reasonably comply with a discovery request or order, the hearing officer may take one of the following actions:

a. Make a further order concluding that the subject matter of the order approving discovery or any other relevant facts shall be taken as established for the purposes of the case in accordance with the claim of the party requesting the order;

b. Make an order which recognizes the failure of the party to comply and refuse to allow that party to support or oppose designated claims or defenses, or prohibit the party from introducing designated matters into evidence;

c. Make an order striking out pleadings, or parts thereof, or staying further proceedings until the order is obeyed;

d. When the hearing officer is the final decisionmaker, make an order dismissing the action or proceeding, or any part thereof, or make a default order against the party; or

e. When the hearing officer is not the final decisionmaker, make a recommended order dismissing the action or proceeding, or any part thereof, or make a recommended default order against the party.

4. Protective orders. Protective orders may be obtained from the hearing officer in accordance with the North Dakota Rules of Civil Procedure, but a hearing officer may not award expenses in regard to a motion for a protective order.

Notes

N.D. Admin Code 98-02-02-06

Effective January 1, 1992; amended effective April 1, 1998; January 1, 2008.

General Authority: NDCC 54-57-05

Law Implemented: NDCC 28-32-33