Obsolete Date: 10/1/2016
A.Within 60 days after the mailing of the notification of intent to revoke the conditional admission or license, the Board shall set a hearing on the revocation and inform the applicant of the time and place of the hearing and the applicant's right to be represented by counsel and to present any witnesses as the applicant may choose.
B. The hearing on the revocation shall be limited to the issue of whether any condition of admission or licensure has been violated by the applicant.
C.The hearing must be on the record and, at the discretion of the Board, may be held before the Board or a hearing examiner appointed by the Board. The Board shall set forth in a report its findings of fact, conclusions and recommendation to the Supreme Court. If a hearing examiner is appointed to conduct the hearing, the findings and conclusions of the hearing examiner, to the extent that the Board adopts them, become the findings and conclusions of the Board.
D.The Board shall notify the applicant by certified mail of its findings of fact, conclusions and recommendation and shall also file the report with the Supreme Court.
E.Within 20 days of service of the report, objections to the report may be filed with the Supreme Court. Within 50 days after service of the report, briefs limited to the filed objections may be filed. Oral argument may be requested only if objections are filed, or may be set upon the court's own motion. Briefing and oral argument will be as provided in the North Dakota Rules of Appellate Procedure.
F.An applicant who has had a conditional admission or license revoked is not eligible to apply for admission or licensure for a period of five years from the Order of Revocation.
[Adopted effective March 1,1999.]