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<br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 61-03-22, 61-32-03 <br /> <br />89-02-02-17. Request for state engineer's hearing. All <br />requests for a formal hearing on a project shall be made in <br />wri ting to the state engineer. To be valid a request must be <br />made wi thin thirty days of the date of the state engineer's <br />decision. The request must be in writing and must specifically <br />state facts from which it is evident the hearing applicant is <br />factually aggrieved by the state engineer's decision; and must <br />state which material facts, or conclusions are believed to be <br />erroneous and why they are believed to be erroneous. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 61-32-03 <br /> <br />89-02-02-18. Notice of state engineer's hearing. Upon <br />receipt of a valid request for a hearing on an application of <br />statewide or interdistrict significance, the state engineer shall <br />set a date for a hearing and publish notice in the official <br />newspaper of the county within which a majority of the drainage <br />basin is located. Publication shall be once a week for two <br />consecutive weeks. Final publication shall be no less than seven <br />days before the hearing date. The person requesting the hearing <br />shall give notice by certified mail to the North Dakota health <br />department, the North Dakota game and fish department, the North <br />Dakota highway department, and all parties to the board's hearing <br />at least twenty-one days before the date of the hearing. If such <br />notice is not provided the hearing shall not be held. The notice <br />shall give essential information about the proposed drainage <br />application including the date, time, and location of the <br />hearing. All hearings will be held in Bismarck. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 28-32-04 <br /> <br />89-02-02-19. Evidentiary standard at state engineer <br />hearing. The formal rules of evidence do not apply at the state <br />engineer's hearing. However, all evidence, both oral and written <br />must be relevant and confined to the matters put in issue by any <br />valid request of hearing described in section 89-02-02-17. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 28-32-06, 61-32-03 <br /> <br />-14- <br />