North Dakota Code 20.1-16-05 – Hearing on suspension
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.
Terms Used In North Dakota Code 20.1-16-05
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the game and fish department. See North Dakota Code 20.1-01-02
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- hunting: means shooting, shooting at, pursuing, taking, attempting to take, or killing any game animals and game birds; searching for or attempting to locate or flush any game animals and game birds; luring, calling, or attempting to attract game animals and game birds; hiding for the purpose of taking or attempting to take game animals and game birds; and walking, crawling, or advancing toward wildlife while possessing implements or equipment useful in the taking of game animals or game birds. See North Dakota Code 20.1-01-02
- Person: includes every partnership, association, corporation, and limited liability company. See North Dakota Code 20.1-01-02
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Wildlife: means any member of the animal kingdom including any mammal, fish, bird (including any migratory, nonmigratory, or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof. See North Dakota Code 20.1-01-02
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.