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3. Administer the prehearing activities. 4. Prepare a recommended decision. History: General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 Law Implemented: NDCC 61-03-22, 61-32-08 89-02-04-12. Purpose of hearing. If the hearing officer determines a hearing should be held one will be conducted to: 1. Obtain further testimony from the parties. 2. Allow the state engineer to examine other witnesses and evidence. 3. Provide the parties with an opportunity to cross-examine witnesses called by the state engineer. 4. Allow the parties to call other witnesses to present evidence. History: General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 Law Implemented: NDCC 61-03-22, 61-32-08 89-02-04-13. Qualifications of witnesses at state engineer's hearings. Unless agreed to by both petitioner and respondent and allowed by the hearing officer, no persons who failed to participate in the water resource board's determination under section 61-32-07 of the North Dakota Century Code may be called to present evidence or testimony for consideration. However, the state engineer may call witnesses on his own motion wi thout the agreement of any party if the state engineer feels information known by the person will assist the hearing officer in making his recommended decision. History: General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 Law Implemented: NDCC 61-03-22, 61-32-08 89-02-04-14. Notice of hearing. When the hearing officer determines a date for a hearing he will notify the water resource board, the petitioner, and the respondent of the time and date of the hearing. In the case of a demand by an affected landowner pursuant to section 89-02-04-09, the hearing officer shall give the notice of the hearing date within fifteen days of the demand. The notice shall be given by certified mail not less than thirty days prior to the date set for the hearing. All hearings will be held in Bismarck, North Dakota. -6-