N.D. Admin Code 98-02-04-07 - Petition to reopen the hearing

1. If a hearing officer issues either a recommended or final order and the hearing officer has not yet issued the order, any party may petition the hearing officer to reopen the hearing.

2. The petitioning party must submit with the petition to reopen the hearing a statement of specific grounds upon which reopening is requested or a statement of further showing to be made in the hearing. The petition and any statement will be considered a part of the record in the proceeding.

3. Specific grounds or a further showing sufficient to reopen a hearing include:

a. Any irregularities of procedure of or by the hearing officer or any party, any order of the hearing officer, or any abuse of discretion of the hearing officer by which any party was prevented from having a fair hearing.

b. Accident or surprise which ordinary prudence could not have guarded against.

c. Newly discovered evidence material to the party submitting the petition which the party could not with reasonable diligence have discovered or produced at the hearing.

4. The hearing officer may deny the petition or grant the petition on such terms as the hearing officer may prescribe.

5. If a hearing officer issues a recommended order and has already issued the recommended order, any petition to reopen the hearing must be made to the agency.

6. If a hearing officer issues a recommended order, the recommended order has already been issued, and a party submits to the agency a petition to reopen the hearing, the agency may designate a hearing officer to deny or grant the petition to reopen the hearing under subsections 3 and 4. If available, the hearing officer designated shall be the same hearing officer that conducted the hearing.

7. If a hearing officer issues a recommended order, the final order has already been issued by the agency, and a party submits to the agency a petition to reopen the hearing, the agency may treat the petition as a petition for reconsideration under North Dakota Century Code section 28-32-40.

8. A petition to reopen the hearing is deemed denied if a hearing officer or the agency does not dispose of it within thirty days of the filing of the petition.

Notes

N.D. Admin Code 98-02-04-07

Effective August 1, 2004.

General Authority: NDCC 57-54-05

Law Implemented: NDCC 28-32-31, 28-32-35, 28-32-36, 28-32-40