North Dakota Administrative Code
Title 69 - Public Service Commission
Article 69-02 - Practice and Procedure
Chapter 69-02-04 - Hearings
Section 69-02-04-10 - Briefs - Proposed findings of fact and conclusions of law

1. Each party to a proceeding may file proposed findings of fact and conclusions of law, briefs, or memoranda of law. However, the hearing officer may direct any party to file proposed findings of fact and conclusions of law, briefs, or memoranda of law.

2. The hearing officer will fix the time for the filing and service of proposed findings of fact and conclusions of law, briefs, or memoranda of law, and the order in which each shall be filed.

3. When it is ordered that proposed findings of fact and conclusions of law, briefs, or memoranda of law be filed and served, and where the party that initiated the proceeding fails to file and serve by the due date, the commission may dismiss the proceeding. Failure to file when due by an intervener, protestant, or respondent may be considered a waiver of the right to participate further.

4. Exhibits should not be reproduced in a brief, but may be reproduced in an appendix to the brief. Every brief of more than twenty pages shall contain a subject index, with page references, and an alphabetical list of all citations with references to the pages where the citations appear. Briefs must be as concise as possible.

5. Briefs must be accompanied by a certificate showing service upon all parties who appeared at the hearing. An original and seven copies of each brief will be filed with the commission.

6. The time within which any act is required to be performed or may be performed will be computed in accordance with the North Dakota Rules of Civil Procedure.