North Dakota Code § 28-32-38

Separation of functions
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1. No person who has served as investigator, prosecutor, or advocate in the investigatory 
or prehearing stage of an adjudicative proceeding may serve as hearing officer.
2. No person who is subject to the direct authority of one who has served as an 
investigator, prosecutor, or advocate in the investigatory or prehearing stage of an 
adjudicative proceeding may serve as hearing officer.
3. Any other person may serve as hearing officer in an adjudicative proceeding, unless a 
party demonstrates grounds for disqualification.
4. Any person may serve as hearing officer at successive stages of the same 
adjudicative proceeding, unless a party demonstrates grounds for disqualification.

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