North Dakota § 50-11-08 - Denial or revocation of license or certification - Hearing - Appeals

§ 50-11-08. Denial or revocation of license or certification - Hearing - Appeals

Before any application for a license or certification under the provisions of this chapter is denied or before revocation of any such license or certification takes place, written charges as to the specific reasons therefor, a copy of the statutes and department rules authorizing such action, and notice of the applicant's, licensee's, or certification holder's right to a hearing on the matter before the department must be served upon the applicant, licensee, or certification holder. The applicant, licensee, or certification holder must also be notified in writing of the person's right to be represented at such hearing by counsel, to examine all files and documents in the custody of the department regarding the applicant, licensee, or certification holder, to present witnesses at the hearing on behalf of the applicant, licensee, or certification holder and to present documentary evidence, to present testimony and cross-examine adverse witnesses, and the right to an impartial hearing officer. The applicant, licensee, or certification holder has the right to a hearing before the department if the hearing is requested within twenty days after service of the written charges. The department shall hold the hearing within sixty days after the hearing request unless the applicant, licensee, or certification holder agrees to a later date. At any such hearing, the evidence submitted by the department in support of its denial or revocation of the applicant's, licensee's license, or certification holder's certificate must be limited to supporting only those reasons which were given by the department in its original notice of denial or revocation to the applicant, licensee, or certification holder. An applicant, licensee, or certification holder may appeal under the provisions of chapter 28-32 any final decision of the department regarding the application for or issuance of a license or certification required by this chapter.