North Dakota Code § 39-06-33

1. If an operator's license is suspended or revoked under section 39-06-32 or 39-06.1-10 
or chapter 39-16 or 39-16.1, the director shall give notice of intention to suspend to the 
licensee by mailing the notice to the licensee at the address of record in the 
department under section 39 -06-20. Actual notice of the opportunity for a hearing 
under this section must be deemed to have occurred seventy -two hours after the 
notice is mailed by regular mail. The licensee has ten days after the date of mailing of 
the notice to request, in writing or by other means authorized by the director, a hearing 
on the intended suspension or revocation.
2. Any hearing conducted under this section and any appeal from the decision of the 
hearing must be conducted under chapter 28 -32, except the hearing must be heard 
within sixty days of the receipt of the request for hearing and in the county of the 
licensee's residence, unless the parties agree to a different time and place for the 
hearing. A hearing under this section may be conducted by telephone, television, 
virtual online interface, or other electronic means with the consent of the licensee. At 
the hearing, the regularly kept records of the director may be introduced and are prima 
facie evidence of their content without further foundation.
3. The mailing of the decision and the resulting order by regular mail to the address 
recorded in the files of the director under section 39 -06-20 is sufficient notice. If a 
suspension is ordered, a re-examination of the licensee may be required.
4. If a suspension is ordered under subsection 2 of section 39 -06-32, the notice must 
include a specific description of the conditions which led to the conclusion that the 
licensee is incompetent to drive a motor vehicle. If during the suspension those 
conditions dissipate, the licensee may request another hearing on the issue of 
competence to drive a motor vehicle. The hearing must be held in the manner required 
under subsections 2 and 3 for the original suspension.

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