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North Dakota Century Code Title 20.1. Game, Fish, Predators, and Boating § 20.1-16-05. Hearing on suspension

Current as of January 01, 2024 | Updated by Findlaw Staff

1. Upon suspending the hunting, trapping, or fishing privileges of any person under section 20.1-16-03 or 20.1-16-04, the department shall immediately notify the person in writing. The person may, within twenty days of the notice, request a hearing before the department on whether the requirements for suspension have been met.

2. Upon request, the department shall set a hearing as early as practicable.

3. a. The requesting person may present evidence and arguments at the hearing contesting whether:

(1) A participating state suspended the person's privileges;

(2) There was a conviction in the participating state;

(3) The person failed to comply with the terms of a citation issued for a wildlife violation in a participating state; or

(4) A conviction in a participating state could have led to the forfeiture of privileges under North Dakota law.

b. Grounds other than those listed in subdivision a may not be used to contest the department's decision to suspend the person's privileges.

4. At the hearing, the department, through its authorized agent, may:

a. Administer oaths;

b. Issue subpoenas for the attendance of witnesses; and

c. Admit all relevant evidence and documents, including notifications from participating states.

5. Following the hearing, the department, through its authorized agent, may, based on the evidence, affirm, modify, or rescind the suspension of privileges.

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Cite this article: FindLaw.com - North Dakota Century Code Title 20.1. Game, Fish, Predators, and Boating § 20.1-16-05. Hearing on suspension - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-20-1-game-fish-predators-and-boating/nd-cent-code-sect-20-1-16-05/

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