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Statutory Authority

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The Office of Administrative Hearings is governed by North Dakota Century Code Chapter 54-57.

Under N.D.C.C. section 54-57-03, the Office of Administrative Hearings is required to conduct all adjudicative proceedings of administrative agencies under N.D.C.C. chapter 28-32, except those of the Public Service Commission, Industrial Commission, Commissioner of Insurance, State Engineer, Department of Transportation, Job Service North Dakota, and the Commissioner of Labor. It is also required to conduct appeal hearings under N.D.C.C. section 61-03-22 and drainage appeals for water resource boards to the State Engineer, as well as Department of Corrections and Rehabilitation parole hearings under N.D.C.C. chapter 12-59, Board of Higher Education job discipline and dismissal appeals, due process and section 504 education hearings for the Superintendent of Public Instruction relating to individuals with disabilities, and N.D.C.C. chapter 37-19.1 veterans’ preference hearings. OAH is also required to conduct some hearings for local entities. See, e.g., N.D.C.C. chapter 40-51.2 and section 40-47-01.1. Various state agencies and local entities (cities, counties, and public health districts) also use OAH hearing officer services at their discretion.

The director assigns an ALJ to preside over an administrative proceeding or adjudicative proceeding to be held pursuant to an agency request and attempts to designate an ALJ with expertise in the assigned subject matter. N.D.C.C. section 54-57-03(5). ALJs must comply with the duties of hearing officers under N.D.C.C. section 28-32-31 for all adjudicative proceedings of administrative agencies under N.D.C.C. chapter 28-32. For all administrative proceedings of administrative agencies not under N.D.C.C. chapter 28-32, N.D.C.C. section 28-32-31 may apply, as may other laws. See generally, N.D.C.C. chapter 54-57.

Additional Statutory References