# Title 13 — Department of Financial Institutions

## Article 13-01.1 — Practice and Procedure

## Chapter 13-01.1-04 — Hearings

### § 13-01.1-04-01. Notice.

In those proceedings in which a hearing is to be held, the board shall assign a time and place for
hearing, and issue notice of hearing. When the notice procedure is not specified by statute, notice must
be given at least twenty days prior to the date of the hearing, except in cases of emergency.
The notice procedures of the board are as follows, unless emergency circumstances require
otherwise:
1. Proposed rules. Notice of proposed rules, inviting comments, will be given to all known
interested parties by mail. Notice will also be published in the following newspapers:
a. Bismarck Tribune, Bismarck.
b. Devils Lake Daily Journal, Devils Lake.
c. Dickinson Press, Dickinson.
d. The Forum, Fargo.
e. Grand Forks Herald, Grand Forks.
f. Jamestown Sun, Jamestown.
g. Minot Daily News, Minot.
h. Williston Daily Herald, Williston.
i. Valley City Times-Record, Valley City.
j. The Daily News, Wahpeton.
2. Bank applications. Notice of hearing on an application for an organization certificate for a
new bank must be issued at least thirty days prior to the hearing on the application. Notice
must be mailed to all banks within the same service area as the location of the proposed new
bank and published three times in the official newspaper of the county and city where the
proposed bank is to be located.
3. Facility applications. Notice of application for a facility must be issued as specified in
sections 13-02-05-05 and 13-02-05-08.

4. Electronic funds transfer center applications. Notice of intent to apply for authorization to
establish an electronic funds transfer center must be issued as specified in section
13-02-06-12.
5. Move of bank to new location. Notice of hearing on an application to move a bank to some
place within the state other than the town in which it is presently located must be issued in the
same manner as specified in subsection 2.
6. Savings and loan branch applications. Notice of hearing on an application for a savings
and loan branch must be issued at least thirty days prior to the hearing on the application, and
must be published three times in the official newspaper of the county and city in which the
proposed branch is to be located.
The board may give additional notice where it deems such action appropriate.
The procedures outlined above may be modified by the commissioner or board in cases of an
emergency.
History: Effective January 1, 1980; amended effective May 1, 1993; November 1, 1994; May 1, 1996.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 6-02-05, 6-03-02(8), 6-03-13, 6-03-13.3, 6-03-16,
6-05-01, 7-01-01, 28-32-02
### § 13-01.1-04-02. Appearances.

Interested parties shall enter their appearances at the beginning of the hearing by giving their name
and address and briefly state whether they appear in support of or in opposition to the complaint or
application. All appearances must be noted on the record with a notation in whose behalf each
appearance is made. The names of the members of the board's staff participating in the hearing or
investigation must also be noted.
History: Effective January 1, 1980; amended effective May 1, 1996.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-11.1
### § 13-01.1-04-03. Continuance.

Repealed effective November 1, 1994.
### § 13-01.1-04-04. Consolidation.

Repealed effective November 1, 1994.
### § 13-01.1-04-05. Waiver of hearing - Shortened procedure.

Repealed effective November 1, 1994.
### § 13-01.1-04-06. Order of procedure.

In hearings on formal complaints, petitions, and applications, the complainant, petitioner, or
applicant must open and close. In all other hearings, the hearing officer may direct who shall open and
close. The hearing officer shall designate at which stage an intervenor shall be heard.
History: Effective January 1, 1980; amended effective November 1, 1994; May 1,1996.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-11.1

### § 13-01.1-04-07. Hearing examiner.

Repealed effective November 1, 1994.
### § 13-01.1-04-08. Appeal to board from ruling of hearing examiner.

Repealed effective November 1, 1994.
### § 13-01.1-04-09. Oral argument.

Repealed effective November 1, 1994.
### § 13-01.1-04-10. Briefs - Proposed findings of fact and conclusions of law.

Repealed effective November 1, 1994.
### § 13-01.1-04-11. Motions.

Before a hearing officer has been appointed, the commissioner or board may act on any motion,
including a motion for continuance or consolidation.
History: Effective November 1, 1994.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05
