North Dakota Administrative Code
Title 27 - Job Service North Dakota
Article 27-03 - Unemployment Compensation Benefits
Chapter 27-03-06 - First Stage Appeals
Section 27-03-06-03 - Hearing of the appeal

1. All hearings shall be conducted informally and in such manner as to determine the substantial rights of the parties. All issues relevant to the appeal shall be considered and passed upon. The claimant and any other interested party may present such evidence as may be pertinent.

2. Where a party is present in person, the referee shall examine such party, and the party's witnesses, if any. At any hearing of an appeal, the referee, with or without notice to the parties, may take such additional evidence as the referee deems necessary. The parties and their representatives may examine or cross examine witnesses, inspect documents, and explain or rebut any evidence.

3. The referee shall place all witnesses under oath and all testimony shall be recorded, however, it need not be transcribed unless further appeal is made.

4. The parties to an appeal, with the consent of the referee, may stipulate the facts involved in writing. The referee may decide the appeal on the basis of such stipulation, or, in the referee's discretion, may set the appeal down for hearing and take such further evidence as the referee deems necessary to enable the referee to determine the issue.

5. Subpoenas to compel the attendance of witnesses and the production of records for any hearing on an appeal may be issued by the referee or by a duly authorized representative of the bureau.

6. A witness subpoenaed for appearance at hearings before the appeal tribunal, the bureau, or a court shall be paid for each day's attendance and for each mile traveled one way, in such an amount as fixed by law in civil proceedings. Fees and mileage of such witness subpoenaed either by the bureau or on behalf of any party to an appeal shall be deemed part of the expenses of administering the unemployment compensation law.

7. Any individual may appear for oneself in any proceedings before a referee. Any partnership may be represented by any of its members. Any party in interest may be represented by counsel.

8. No referee or member of an appeal tribunal shall participate in the hearing of an appeal in which the person has an interest. Challenges to the interest of any referee or member of the appeal tribunal shall be heard and decided by the bureau.

General Authority: NDCC 52-06-20

Law Implemented: NDCC 52-06-10, 52-06-13, 52-06-20, 52-06-23, 52-06-24, 52-07.1-04