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<br />89-02-04-17. Subpoena of witnesses. If any party desires <br />the hearing officer to subpoena any witness for attendance at the <br />hearing, the hearing officer shall be notified of the intent to <br />subpoena the witness at least seven days prior to the date of the <br />hearing. The hearing officer may not subpoena a witness unless <br />the request for a subpoena: <br /> <br />1. Is written. <br /> <br />2. States the subject matter of the testimony to be given. <br /> <br />3. States the time and date upon which the witness is to <br />appear. <br /> <br />4. Is accompanied by a certified check for the fees <br />allowed by law for one day for such witness; the fees <br />allowed by law include but are not limited to mileage <br />to and from the hearing, per diem, and in the case of <br />the state engineer's staff, the salary for that <br />individual. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, <br />61-03-05(13) <br />Law Implemented: NDCC 28-32-09, 61-03-05, 61-32-08 <br /> <br />61-32-04, <br /> <br />89-02-04-18. Prehearing conference. A prehearing <br />conference to clarify issues, resolve any conflicts, and <br />stipulate to any matter will be held at least seven days prior to <br />the date of the hearing. At the conference the parties shall <br />provide sufficient copies of exhibits to be presented to all <br />parties, the board, the state engineer, and the hearing officer. <br />The hearing officer may allow the prehearing conference to be <br />held by telephone if exhibits are provided to all parties, the <br />board, the state engineer, and the hearing officer at least three <br />days prior to the prehearing conference. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 61-03-22, 61-32-08 <br /> <br />89-02-04-19. Order of presentation at hearing. At the <br />hearing the petitioner shall present its case first. The <br />respondent then presents its case, followed by the board and the <br />state engineer. After all participants have presented their <br />case, a participant may present other evidence or testimony to <br />rebut that presented by another participant. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 61-03-22, 61-32-08 <br /> <br />-8- <br />