North Dakota Code 14-02.5-13 – Duties and powers of department
1. The department shall administer this chapter. The department may adopt rules necessary to implement this chapter, but substantive rules adopted by the department must impose obligations, rights, and remedies that are the same as are provided in federal fair housing regulations.
Terms Used In North Dakota Code 14-02.5-13
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- 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.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
2. For the purpose of thoroughly investigating a complaint, the department may require the attendance of a witness and the production of a book, record, document, data, or other object at any hearing or with reference to any matter the department has the authority to investigate. If under this subsection a witness fails or refuses to appear or to produce, the department may issue a subpoena to compel the witness to appear or a subpoena duces tecum to compel the witness to appear and produce a relevant book, record, document, data, or other object.
3. If a person refuses to obey a subpoena, the district court, upon application by the department, may issue to the person an order requiring that person appear and give evidence or otherwise produce documentary evidence requested by the department regarding the matter under investigation.
4. A witness who is subpoenaed under this section and who appears at a hearing or whose deposition is taken is entitled to receive the same fees and mileage as a witness in a civil case in district court.
5. Within the limits of legislative appropriations, the department shall foster prevention of discrimination under this chapter through education for the public, landlords, publishers, realtors, brokers, lenders, and sellers on the rights and responsibilities provided under this chapter and ways to respect those protected rights.
6. The department shall emphasize conciliation to resolve complaints.