The board of trustees, at any time, may cause any member of the department retired by reason of physical or mental disability to be brought before it and again examined by three competent physicians appointed by the board to discover whether such disability continues, whether it can be improved, and whether such retired member should be continued on the pension roll, and the board may examine witnesses for such purposes. The question of continued disability or ability to perform regular or light duty in the police department shall be determined by the concurring report of at least two of the three examining physicians. Such member shall have reasonable notice that the examination will be made and that the member shall be present at the time of the taking of any testimony. The member may examine the witnesses brought before the board and introduce evidence in the member’s own behalf. All witnesses shall be examined under oath, which may be administered by any member of the board.

Terms Used In North Dakota Code 40-45-19

  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.