North Dakota Code § 28-32-31

Duties of hearing officers
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All hearing officers shall:
1. Assure that proper notice has been given as required by law.
2. Conduct only hearings and related proceedings for which proper notice has been 
given.
3. Assure that all hearings and related proceedings are conducted in a fair and impartial 
manner.
4. Make recommended findings of fact and conclusions of law and issue a recommended 
order, when appropriate.
5. Conduct the hearing only and perform such other functions of the proceeding as 
requested, when an agency requests a hearing officer to preside only as a procedural 
hearing officer. If the hearing officer is presiding only as a procedural hearing officer, 
the agency head must be present at the hearing and the agency head shall make 
findings of fact and conclusions of law and issue a final order. The agency shall give 
proper notice as required by law. The procedural hearing officer may issue orders in 
regard to the conduct of the hearing pursuant to statute or rule and to otherwise effect 
an orderly and prompt disposition of the proceedings.
6. Make findings of fact and conclusions of law and issue a final order, if required by 
statute or requested by an agency.

7. Function only as a procedural hearing officer, when an agency requests a hearing 
officer to preside for a rulemaking hearing. The agency head need not be present. The 
agency shall give proper notice as required by law.
8. Perform any and all other functions required by law, assigned by the director of 
administrative hearings, or delegated to the hearing officer by the agency.

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