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<br />89-02-04-20. Cross-exam~nat~on. Oral cross-exam~nat~on of <br />adverse w~ tnesses shall be allowed by the petitioner .and the <br />respondent. Each side, peti tioner and respondent, shall <br />designate one individual to cross-examine witnesses which that <br />side did not call. In addition, the state engineer and the board <br />may cross-examine any witnesses which they did not call. <br />However, if a party demonstrates to the hearing officer that its <br />position is not adequately represented by any other party it may <br />be allowed to cross-examine witnesses on its own. <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 />89-02-04-21. Record of hearing - Consideration by hearing <br />off~cer. After the hearing is over the record will be closed. <br />The hearing officer will consider only material contained in the <br />record and will not accept and consider any information after the <br />hearing unless the evidence was not provided at the hearing <br />because of circumstances beyond the control of the party <br />presenting the evidence. Information submitted after the hearing <br />may be considered by the state engineer in making his decision, <br />but only in accordance with section 28-32-07 of the North Dakota <br />Century Code. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 28-32-07, 61-32-08 <br /> <br />89-02-04-22. Recommendation of hearing officer. After the <br />hearing officer completes the consideration required under <br />section 89-02-04-20, a written recommendation shall be made to <br />the state engineer. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-03-04 <br />Law Implemented: NDCC 61-32-08 <br /> <br />89-02-04-23. Decision of state engineer on record of <br />hearing. The state engineer will review the record, the hearing <br />officer's recommendation, and any additional evidence received <br />pursuant to section 28-32-07 of the North Dakota Century Code, <br />and make his final determination. If the conclusion is the <br />drain, lateral drain, or ditch was constructed contrary to a <br />board rule or title 61, he will take one of the actions <br />prescribed by section 61-32-08. <br /> <br />If the report concludes the drain, lateral drain, or ditch <br />was lawfully constructed, the complaint will be dismissed. <br /> <br />-9- <br />