North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-02 - Mineral Exploration and Development
Chapter 43-02-02.2 - In Situ Leach Mining Rules
Section 43-02-02.2-77 - Hearing participants by telephone

1. An applicant's participation by telephone will be considered if a written request is made at least ten business days before the hearing.

2. An interested party's participation by telephone will only be considered if the party notifies the applicant and the commission in writing at least three business days before the hearing. Such notice must include the subject hearing, the name and telephone number of the interested party, and the name and telephone number of the interested party's attorney or representative that will be present at the hearing.

3. In the event an objection to any person's participation by telephone is received, the hearing examiner may disallow participation by telephone and may reschedule the hearing. The department will notify all parties whether or not the request to participate by telephone is granted or denied.

4. All persons participating by telephone must have an attorney or other representative present at the hearing who shall be responsible for actually telephoning or otherwise connecting the person to the hearing, for providing the commission with any materials requested to be included in the record, and for any other matters necessary for the party to participate by telephone.

5. All parties participating by telephone shall file an affidavit verifying the identity of such party. The record of any telephonic participation will not be considered evidence in the case unless the affidavit is received by the department prior to an order being issued by the commission. The commission shall provide a form affidavit. The commission has the discretion to refuse to consider all or any part of the information received from any party participating by telephone.

6. For all hearings allowing participation by telephone, the department shall provide a hearing room equipped with a speaker telephone.

7. The cost of telephonic communication shall be paid by the party requesting its use.