N.D. Admin Code 75-01-03-17 - Continuance for additional evidence

1. If, after a hearing has begun, the hearing officer conducting the hearing determines that additional evidence not available at the hearing is necessary for the proper determination of the case, the hearing officer may continue the hearing to a later date. In connection therewith, the hearing officer may order further investigation and may direct either party to produce the additional evidence.

2. In order to permit the reception of additional documentary evidence or written argument, the hearing officer may close the hearing and hold the record open for a stated period if the request for additional time is accompanied by a written waiver of the requirement that a decision be made within ninety days, as found at 7 CFR 273.16(e)(2)(iv), 42 CFR 431.244(f), and 45 CFR 205.10(a)(16) or sixty days, as found at 7 CFR 273.15(c)(1). If the request for additional time is not accompanied by such a written waiver, the record shall be held open for no more than three additional days. If an expedited hearing has been requested, no additional time may be granted unless a written withdrawal of the request for an expedited hearing accompanies the request for additional time.

Notes

N.D. Admin Code 75-01-03-17

Effective September 1, 1979; amended effective January 1, 1984; February 1, 1995.

General Authority: NDCC 28-32-02, 50-06-16

Law Implemented: NDCC 50-06-05.1