North Dakota Administrative Code

1. Party in own interest. Any party may appear before the commission in the party's own right. 2. Attorneys. Attorneys at law who are admitted to practice in North Dakota may practice before the commission. 3. Other persons. Any other person who possesses the necessary legal or t…

1. Classification. Parties to proceedings before the commission are designated as applicants, complainants, petitioners, intervenors, protestants, or respondents, according to the nature of the proceeding and the party's interest. 2. Applicant. An applicant is a person filing a f…

The commission may, upon its own motion or upon the complaint of any person, institute investigation proceedings and hold investigatory hearings in any matter under its jurisdiction. In addition to the evidence presented by the parties, the commission may, through its staff or ot…

As used in this article except as otherwise required by the context: 1. "Commission" and "commissioner" mean the public service commission, and a member thereof, respectively. 2. "Commission's staff" includes the commission's experts, employees, and attorneys. 3. "Executive secre…

This article shall be liberally construed to secure just, speedy, and inexpensive determination of the issues presented. General Authority: NDCC 28-32-02 Law Implemented: NDCC 49-01-07

The commission reserves the right to suspend, either upon its own motion or upon the motion of any party, the operation of or necessity for compliance with any rule of procedure or part thereof, upon due notice to all parties, whenever the public interest or the interest of any p…

1. Form and disposition. Informal complaints may be made orally or in writing. Letters to the commission will be considered informal complaints. Informal complaints may be handled by any of the following methods: a. Correspondence or other informal communications. b. Conference w…

1. Complaints. Complaints may be made by the commission on its own motion, or by any person. Complaints will be in writing and set forth the act or omission complained of. If the complaint is against the reasonableness of any rate or charge of any heat, gas, or electrical public …

1. Filing. Answers to complaints must be filed within twenty days after service of the complaint. 2. Content. Each answer must contain: a. The title of the proceeding and docket number; b. The name and address of each answering party; c. A specific denial of each material allegat…

An application is a proceeding seeking some right, privilege, or authorization which the commission may give under statutory or other authority administered by it. 1. Contents. Applications must be in writing and must: a. Set forth the full name and post-office address of the app…

Any person with a substantial interest in a proceeding may petition to intervene in that proceeding by complying with this section. An intervention may be granted if the petitioner has a statutory right to be a party to the proceeding; or the petitioner has a legal interest which…

A request for an extension of time must be by timely written motion stating the facts on which the motion rests. History: Amended effective September 1, 1992. General Authority: NDCC 28-32-02 Law Implemented: NDCC 49-01-07

1. Amendments. The commission may, after notice to the other parties to a proceeding, allow any pleading to be amended and may permit any party affected by the amendment a reasonable time to prepare to meet the changed issues. If the amendment is to an application by a public uti…

Substantial change from or amendment to the original application which occurs during hearing must be considered an amendment to the pleadings under section 69-02-02-07. History: Effective September 1, 1992. General Authority: NDCC 28-32-02 Law Implemented: NDCC 49-01-07 4…

All motions shall be in writing, unless made at a hearing, and shall be served on the other parties to the proceeding. 1. Argument. The commission may set any motion for oral argument. 2. Disposition. The hearing officer designated to preside at a hearing is authorized to rule up…

1. The commission may, by order, compel any person to whom it has granted authority to show cause why the authority should not be suspended, changed, or revoked in whole or in part. The term "authority" includes a certificate, license, and permit. 2. The commission may, by order,…

Conferences may be held to expedite the orderly conduct and disposition of the hearing. Conferences may concern the following: 1. Simplification of issues. 2. Necessity or desirability of amendments to the pleadings. 3. Simultaneous exchange or imposition of a timetable for the e…

Repealed effective September 1, 1992.

Upon its own motion or the motion of any party, the commission or a hearing officer may direct that a conference be held and order the parties to appear. Due notice of the time and place of the conference must be given to all parties. History: Amended effective September 1, 1992.…

Upon conclusion of the conference, the results must be immediately reduced to writing. The original and seven copies must be filed with the commission. Stipulations may be received in evidence at a 1 hearing and, when and so received, shall be binding on the parties with respect …

In those proceedings in which a hearing is to be held, the commission will assign a time and place for hearing. Notice of the hearing must be posted in the office of the commission, and must be served on the parties and other persons entitled to receive notice at least twenty day…

Each interested party shall enter an appearance at the beginning of the hearing by giving the party's name and address and briefly stating the capacity in which the party appears. All appearances must be noted on the record. History: Amended effective September 1, 1992; October 1…

After hearings are scheduled, continuances may be granted by the commission for good cause. A motion for continuance must be in writing, unless made at the commencement of a hearing, and must be filed with the commission, and served on each party. The motion must be made as far i…

The commission, upon its own motion or upon motion by any party, may order two or more proceedings involving a similar question of law or facts to be consolidated for hearing where rights of the parties or the public interest will not be prejudiced by the consolidation. History: …

In any proceeding in which the commission is authorized to act after opportunity for hearing, opportunity is afforded by service of notice fixing a reasonable period of time within which any person desiring to be heard may file a protest or request for ahearing. If a protest or r…

In their respective hearing, the complainant, petitioner, or applicant shall open and close. In hearings on an order to show cause or involving investigation and suspension of rates, tariffs, or schedules, the respondent shall open and close. In all other hearings, the hearing of…

When evidence is to be taken in a proceeding, either the commission, any member thereof, or one or more of its duly designated hearing officers may preside at the hearing. Hearing officers are designated as procedural or substantive. 1. Authority delegated. The hearing officer ma…

An appeal may be taken to the full commission from a ruling of a hearing officer during the course of a hearing only where extraordinary circumstances necessitate a prompt decision by the commission to prevent detriment to the public interest. Any offer of proof made in connectio…

1. Before hearing officer. The hearing officer may set a time for the presentation of oral argument when time permits and the nature of the proceedings, the complexity or importance of the issues, and the public interest warrant. The hearing examiner may impose appropriate time l…

1. Each party to a proceeding may file proposed findings of fact and conclusions of law, briefs, or memoranda of law. However, the hearing officer may direct any party to file proposed findings of fact and conclusions of law, briefs, or memoranda of law. 2. The hearing officer wi…

Evidence is admissible in accordance with the North Dakota Rules of Evidence. The commission or the hearing officer, however, may waive the rules of evidence where such waiver is necessary to ascertain the substantial rights of a party but only relevant evidence may be admitted. …

Witnesses will be orally examined under oath unless their testimony is taken by deposition as provided in section 69-02-05-04. Written testimony of any witness may be received when properly supported by the oral testimony of its author on direct examination subject to cross-exami…

1. Subpoenas for the attendance of witnesses or for the production of documentary evidence, unless directed by the commission upon its own motion, will issue only upon written application. 2. A party must show the general relevance and reasonable scope of the evidence sought befo…

Repealed effective July 1, 1998.

The parties may agree upon all or part of the facts involved in the controversy. A stipulation must be in writing unless made orally at the hearing and may be received as evidence at the hearing. History: Amended effective September 1, 1992. General Authority: NDCC 28-32-02 Law I…

Where relevant and material evidence is embraced in a book, paper, or a document containing other matter not material or relevant, the offering party must plainly designate the relevant and material matter. If the other matter is so voluminous that it would unnecessarily encumber…

Exhibits must be on paper of good quality, be plainly legible and durable and may not exceed eight and one-half by eleven inches [21.59 by 28.21 centimeters]. If an exhibit exceeds the size limit, it is acceptable if it can be folded to conform to the size requirement. Whenever p…

The commission may take notice of any fact in its records and files, to which reference is made on the record at the hearing and any fact judicially noticed by the courts of this state. Official notice will be 2 taken without offer or production of that portion of any tariff or s…

Except with the written permission of the commission, no former employee of the commission or member of the attorney general's staff assigned to the commission may appear in a representative capacity or as an expert witness on behalf of other parties at any time within six months…

Repealed effective September 1, 1992.

Ex parte communications, as defined in North Dakota Century Code section 28-32-37, are strictly prohibited. Any ex parte written communication to the commission must be filed with the executive secretary of the commission who shall disclose the communications to the parties and p…

Any party to a public utility proceeding under North Dakota Century Code title 49 may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental a…

At any time after the conclusion of a hearing, but before the final order is issued or a rule is adopted, any party may file a petition to reopen the proceeding for the purpose of taking additional evidence. 1. Contents. The petition must set forth clearly the facts claimed to co…

1. Time for filing. A petition for reconsideration must be filed within fifteen days after notice of the decision has been given under North Dakota Century Code section 28-32-13. 2. Content. The petition must state the specific grounds upon which the petition rests or a statement…

Repealed effective September 1, 1992. 2

An application for the amendment, repeal, or adoption of any commission rule shall state the precise wording of the proposed rule and shall state briefly the reasons for amendment, repeal, or adoption. The commission may, at any time, propose adoption, amendment, or repeal of any…

1. The commission will issue a notice that the rules are proposed and set for hearing which will include: a. A short, specific explanation of the proposed rule; b. A brief explanation of the purpose of the proposed rule; c. A determination of whether the proposal impacts the regu…

The commission must conduct open meetings at which the public may attend but will not be permitted to participate. The agenda for each open meeting will be made available in advance of the session. Items may be added to, or stricken from, the agenda without further notice. Public…

Except as provided in section 69-02-09-13, a person requesting protection of information in an administrative proceeding or in a response to a commission request for information shall file an application with the commission. The application must include at least the following: 1.…

1. The application must be addressed to and filed with the executive secretary of the commission. 2. The protected material filed with the application or pursuant to section 69-02-09-13 must be separately bound and placed in a sealed envelope, or other appropriate, sealed contain…