Hearing participants by remote communication or other reliable electronic

43-02-03-88.2. Hearing participants by remote communication or other reliable electronic means. In any hearing, the commission may, at its discretion, allow remote communication or communication by other reliable electronic means of witnesses and interested parties. The procedure is as follows: 78 1. Notice of an applicant's witness appearing by remote communication or communication by other reliable electronic means must be submitted in writing at least two business days prior to the hearing date. 2. Notice of an interested party appearing by remote communication or communication by other reliable electronic means must be submitted in writing to the applicant and the commission at least three business days prior to the hearing date. The 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. The hearing examiner may disallow remote communication or communication by other reliable electronic means and may schedule or reschedule for an in-person hearing. 4. All parties participating by remote communication or communication by other reliable electronic means shall have an attorney or representative present at the hearing who is responsible for providing the commission at the time of the hearing with any documentary evidence requested to be included in the record, and for any other matters necessary for the party to participate by remote communication or communication by other reliable electronic means. This requirement may be waived at the discretion of the hearing examiner for good cause. 5. All parties participating by remote communication or communication by other reliable electronic means shall file an affidavit verifying the identity of such party. The record of such remote communication or communication by other reliable electronic means is not considered evidence in the case unless said affidavit is received by the commission prior to an order being issued by the commission. The commission shall provide a form affidavit. The commission may refuse to consider all or any part of the information received from any party participating by remote communication or communication by other reliable electronic means. 6. For all hearings allowing remote communication or communication by other reliable electronic means, the commission shall provide a hearing room equipped with remote communication equipment. History: Effective July 1, 2002; amended effective May 1, 2004; April 1, 2026. General Authority: NDCC 38-08-11 Law Implemented: NDCC 28-32-11