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STATUTORY AUTHORITY

• N.D.C.C. Chapter 54-57.

AGENCY MISSION

The Office of Administrative Hearings is an executive branch agency that provides independent administrative law judges to preside at administrative hearings and related proceedings. The mission is to:

• provide ALJs for all state ch. 28-32 agencies required to use OAH services.


• provide ALJs for state agencies not under ch. 28-32 that are required to use OAH services.


• provide ALJs, upon request, for state agencies that are not required to use OAH services.


• provide ALJs, upon request, for state agency rules hearings.


• provide ALJs, upon request, for any unit of local government.


• provide ALJs, upon request, for any tribal government in this state.


• provide ALJs, upon request, for the judicial branch.


• provide ALJs, upon request, as third-party neutrals for alternative dispute resolution.

OAH ALJs preside as procedural or substantive hearing officers for all state agencies required to use OAH services. A procedural ALJ conducts the hearing and related proceedings, but the agency head issues the findings of fact, conclusions of law, and order. A substantive ALJ conducts the hearing and related proceedings and issues recommended findings of fact and conclusions of law, and a recommended order. The agency head issues the final order. For some matters OAH ALJs conduct the hearing and issue the final order. OAH ALJs also preside as procedural or substantive hearing officers for those state agencies and units of government that are not required to use OAH services. They preside at agency rules hearings, conducting the hearing only. They also act as third-party neutrals, mediating disputes or presiding at informal hearings and issuing recommended decisions.

OAH ALJs conduct hearings under authority from its establishing statutes (N.D.C.C. ch. 54-57), the Administrative Agencies Practices Act (N.D.C.C. ch. 28-32), specific agency rules, agency procedural rules and the Uniform Rules of Administrative Procedure for Adjudicative Proceedings (N.D. Admin. art. 98-02). OAH provides third-party neutrals for mediation or to conduct informal hearings under authorization from N.D.C.C. chs. 54-57 and 28-32.

AGENCY PHILOSOPHY

To conduct orderly, fair, and impartial hearings for and to issue prompt, reasoned recommended or final decisions to all state agencies and other agencies of government which use OAH services. To conduct orderly, fair, and neutral mediation proceedings or informal hearings, and to issue prompt mediation agreements or prompt, reasoned recommended decisions.

The director designates ALJs assigned administrative hearings pursuant to an agency request. The director attempts to designate an ALJ with expertise in the subject matter of the assigned hearing. In regard to mediation, the director will assign only trained mediators pursuant to agency request.