North Dakota Administrative Code

Repealed effective May 1, 1984.

Repealed effective May 1, 1984.

1. Applications for the renewal of license are due by the first date of each year. 2. At least two months before the first date of each year, the board shall notify the licensee of the requirement for renewal. The notice must be made to the address last provided to the board by t…

The following fees shall be paid in connection with audiologist, speech-language pathologist, and speech-language pathology licensed assistant applications, examinations, renewals, and penalties: 1. Application fee for an audiologist license, speech-language pathologist license, …

1. Continuing education is defined as courses or workshops that contribute to professional development and lead to acquiring and enhancing skills and knowledge required for professional practice that are either approved by the board or certified by the American speech-language-he…

The successful completion of a Praxis II specialty examination in audiology or speech-language pathology or another examination approved by the board means: obtaining a score equal to or greater than the passing score established by the American speech-language-hearing associatio…

1. Definitions. a. "Direct supervision" means face-to-face contact that occurs either in-person or through video conferencing. Activities that occur during direct supervision include observation, modeling, cotreatment, discussions, and teaching. 3 b. "Indirect supervision" means …

Repealed effective May 1, 1984.

The board subscribes to the 2016 code of ethics of the American speech-language-hearing association. This code is incorporated in the rules by reference except that a certificate of clinical competence is not required to practice speech-language pathology and audiology in North D…

The following constitute unacceptable professional conduct by a licensed audiologist or speech-language pathologist and subject such licensee or potential licensee to sanction: 1. Taking financial advantage of a client, or using one's position within an agency to enhance one's pr…

Grievances must be processed in accordance with North Dakota Century Code chapter 28-32. History: Amended effective May 1, 1984. General Authority: NDCC 43-37-06 Law Implemented: NDCC 28-32-05

1. Upon filing of a written and signed complaint alleging a licensee engaged in conduct identified as grounds for disciplinary action under North Dakota Century Code section 43-37-13, the board shall notify the licensee of the complaint and require a written response from the lic…

Any licensee must report a change of address, name, or educational degree to the board. Proof of any educational degree change must also be submitted. A fee of ten dollars will be charged to reissue a duplicated or changed license. History: Amended effective May 1, 1984. General …

Repealed effective May 1, 1984. 1

1. Statutory authority and plan establishment. North Dakota Century Code section 6-09-38 requires the Bank to adopt rules to administer, manage, promote, and market a higher education savings program in compliance with section 529 of the Code. Pursuant thereto, the Bank has adopt…

As used in this chapter, unless the context requires otherwise: 1 1. "Account" means an account within the trust established for a participant pursuant to a participation agreement. More than one account may be established for the same designated beneficiary. 2. "Act" means North…

1. Executive committee. The executive committee established by the Bank in accordance with its operating policies will oversee the administration of the plan and is authorized to act on behalf of the Bank in all matters pertaining to the plan. Any actions taken by the executive c…

1. State instrumentality. The trust shall be an instrumentality of the state and shall be subject to the declaration of trust. 2. Composition of the trust. The trust is made up of the investment fund and such other segregated funds as may be established by the trustee from time t…

An account may be established for a participant if each of the following requirements is satisfied: 1. Eligibility requirements for participants. The participant must satisfy the following eligibility requirements: a. Type of entity/residency requirements. The participant must be…

1. Investment direction. In general, neither the participant nor the designated beneficiary may directly or indirectly control the investment of contributions or earnings, if any, in an account. An account is initially invested in a portfolio based upon the selections made by the…

The following rules apply to contributions: 1. Eligibility to contribute. Any person or entity, whether or not the person or entity is a participant, may contribute to an account established for any designated beneficiary. Any contribution to an account shall be deemed to have be…

The following rules apply to distributions: 1. Distribution process. Distributions may be requested in writing on the distribution request form or any other method approved by the Bank when made to an eligible educational institution. The participant shall designate the person or…

The Bank may close, or cause its agents to close, an account if the participant or designated beneficiary provides false or misleading information to the plan, if the minimum contribution threshold described under subsection 5 of section 12.5-02-01-07 is not met, or if such actio…

1. Distribution of plan disclosure statement. The Bank and the manager, on behalf of the Bank, shall take all necessary actions to help ensure that each person who receives a participation agreement and an enrollment form shall also receive the plan disclosure statement that sets…

The plan will be maintained and operated in accordance with the requirements set forth in section 529 of the Code. Distributions to or on behalf of the designated beneficiary or the participant will be reported to the Internal Revenue Service and to the distributee, as required u…

The Bank may provide procedures for the appeal by a participant or designated beneficiary of any decision made by the Bank or the manager relating to the imposition of maintenance or termination fees, any distribution required by the Bank, or any other matter determined by the Ba…

These rules may be amended at any time and from time to time by the Industrial Commission. History: Effective September 15, 2000; amended effective August 23, 2001. General Authority: NDCC 6-09-38 Law Implemented: NDCC 6-09-38

Repealed effective August 23, 2001. 13

North Dakota Century Code section 54-06-08.2 requires the Bank of North Dakota to adopt rules establishing the terms under which executive branch agencies may charge a service fee for the acceptance of a payment made by a credit card or debit card or an electronic fund transfer i…

As used in this chapter, unless the context requires otherwise: 1. "Bank" means the state doing business as the Bank of North Dakota and also includes the executive committee of the Bank acting on behalf of the Bank. The Bank is the state credit card administrator for credit card…

1. The Bank is authorized to execute all necessary or desirable documents with an executive branch agency, including a merchant agreement. 2. An executive branch agency that accepts any payment by credit or debit card or by electronic fund transfer must enter a merchant agreement…

The network regulations may be obtained by executive branch agencies as follows: 1. MasterCard rules at www.mastercard.com. 2. Visa operating regulations at www.visa.com. 3. Discover merchant operating regulations at www.discovernetwork.com. History: Effective April 1, 2013. Gene…

These rules may be amended at any time and from time to time by the industrial commission. History: Effective April 1, 2013. General Authority: NDCC 54-06-08.2 Law Implemented: NDCC 54-06-08.2 2

1. Statutory authority and plan establishment. North Dakota Century Code section 6-09-38.1 requires the Bank of North Dakota to adopt rules to administer, manage, promote, and market the North Dakota achieving a better life experience plan in accordance with Internal Revenue Serv…

The Bank of North Dakota chief executive officer shall appoint a plan director. The plan director shall monitor the Achieving a Better Life Experience (ABLE) Act and related legislation for national legislative changes and policy and rule changes by the Internal Revenue Service, …

The plan director shall develop and cause to be implemented plan promotion and plan marketing targeted to the citizens of North Dakota. The plan promotion and plan marketing shall be carried out to accomplish the plan purposes as described in North Dakota Administrative Code sect…

This article shall apply to all practice and procedure before the state banking board and commissioner unless rendered inconsistent by a specific statute or rule, in which instance the more specific statute or rule shall apply. The board will follow title 98 for all practices and…

Repealed effective April 1, 2022.

Repealed effective April 1, 2022.

Each matter coming formally before the board will be known as a case and shall be given a title descriptive of the subject matter. Such title shall be used on all papers in the case and, as far as 1 possible, any communication to the board in any particular case shall bear or ref…

Repealed effective November 1, 1994.

All persons appearing before the board or a hearing officer must conform to the standards of ethical conduct required of practitioners before the courts of the state of North Dakota. Any member of the bar of another state may be permitted by the commissioner to appear in and cond…

1. Classification. Parties to proceedings before the board are designated as applicants, complainants, petitioners, intervenors, protestants, or respondents, according to the nature of the proceeding and the relationship of the parties thereto. 2. Applicant. Persons filing formal…

The board may at any time, upon its own motion or upon the complaint of any person, institute investigation proceedings and order hearing in any action or thing done or omitted to be done by any party under the board's jurisdiction which the board may believe is in violation of t…

As used in this article except as otherwise required by the context: 1. "Board" and "board member" means the state banking board, and a member thereof, respectively. 2. "Board's staff" means and includes the board's experts, employees and attorneys, and the staff of the departmen…

This article shall be liberally construed to secure just, speedy, and inexpensive determination of the issues presented. History: Effective January 1, 1980. General Authority: NDCC 6-01-04, 28-32-02 Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05

The board reserves the right to suspend, either upon its own motion or upon the motion of any party, the operation of or necessity for compliance with any rule of procedure or part thereof, upon due notice to all parties, whenever the public interest or the interest of any party …

Repealed effective April 1, 2022.

The board may sanction any party or the party's counsel who makes an ex parte communication as prohibited by North Dakota Century Code section 28-32-37 by directing the party or counsel to pay such additional administrative costs that may be attributable to the ex parte communica…

1. Digital copies of facts, reports, or other records created by the commissioner or the department have the same level of confidentiality as physical records outlined in North Dakota Century Code section 6-01-07.1. 2. Facts, reports, or other records created by the commissioner …