North Dakota Administrative Code

Repealed effective May 1, 1998.

A teacher who subsequently retires following suspension of benefits is entitled to resume receiving the suspended annuity in accordance with the retirement benefit option previously selected. The retirement option previously selected cannot be modified at the subsequent retiremen…

The following definitions govern the determination of disability benefits under the fund: 1. "Medical examination" means an examination conducted by a licensed medical provider or a psychologist that includes a diagnosis of the disability, the treatment being provided for the dis…

A member, with at least one year of service credit, who has a "total disability" is eligible for disability retirement benefits if the member became totally disabled while employed as a teacher and otherwise complies with the requirements of article 82-07. (Effective after June 3…

The following procedures govern the determination of disability benefits under the fund: 1 1. Application process. a. Application for disability benefits must be made within thirty-six months from the last date of covered employment on the form provided by the fund. On a case-by-…

Except for the partial lump sum distribution option, all optional forms of retirement benefits are available to members entitled to disability retirement annuities. History: Effective September 1, 1990; amended effective May 1, 1998; July 1, 2012; April 1, 2024. General Authority…

1. When a member receiving disability retirement benefits is not recertified as eligible for continued benefits, the board shall presume the member does not have a "total disability" and the disability benefits must cease on the first day of the month following the date the membe…

Repealed effective May 1, 2000.

Upon receipt of a domestic relations order, the plan shall: 1. Send an initial notice to each person named therein, together with an explanation of the procedures followed by the fund. 2. If the teacher or alternate payee receives any distribution that should not have been paid p…

A qualified domestic relations order must be substantially in the following form: ACTIVE OR INACTIVE MEMBERS STATE OF NORTH DAKOTA IN DISTRICT COURT COUNTY OF ________ __________________ JUDICIAL DISTRICT ____________________, ) ) Plaintiff, ) ) QUALIFIED DOMESTIC ) RELATIONS ORD…

Any applicant aggrieved by a decision of the board may initiate a formal administrative action against the board in accordance with North Dakota Century Code chapter 28-32. The applicant must file a request for a formal hearing within thirty days after notice of the initial decis…

1. History. The state treasurer is a constitutionally elected officer of the state under section 2 of article V of the Constitution of North Dakota. The powers and duties of the state treasurer are prescribed by law. 2. Functions. The state treasurer receives and keeps all money …

A township road, for purposes of the administration of North Dakota Century Code section 57-50-01, is a public road established pursuant to North Dakota Century Code chapter 24-07 which is an improved road, constructed, maintained, graded, and drained by the township, or county i…

The following definitions, in addition to the definitions in North Dakota Century Code chapters 15-05, 15-06, 15-07, 15-08, 15-08.1, 38-09, 47-06, 47-30.2, and 57-62, apply to this title: 1. "Acquired lands" includes all property defined as "nongrant" and "other than original gra…

The board may grant an exception to articles 85-03, 85-04, and 85-06, when such exception is in the best interests of the trusts. History: Effective January 1, 2019; amended effective January 1, 2020. General Authority: NDCC 28-32-02 Law Implemented: NDCC 15-01-02 4…

The following definitions, in addition to the definitions in North Dakota Century Code chapter 57-62, apply to this article: 1. "Advisory committee" means the committee selected by the board to review grant applications and make recommendations to the board. Committee members mus…

All grant announcements must be posted on the energy impact webpage. Grant announcements may be sent either electronically or by postal mail to: 1. Media contacts; 2. Members of the North Dakota legislative assembly; 3. North Dakota league of cities or association of counties, wh…

1. An applicant shall complete and submit a grant application prescribed by the director along with supporting documentation, including engineer estimates, vendor bids or quotes, most recent audited financial statements, established budget for the political subdivision, mill levy…

1. For political subdivisions, a grant application must be signed by an appointed or elected government official and the primary fiscal officer assigned the duties of managing grant communications, reports, and reimbursement requests. 1 2. For an entity exempted from statutory po…

The director has discretion not to score a substantially incomplete application, resulting in the disqualification of the substantially incomplete application. In reviewing a grant application, the following may be considered: 1. Objective; 2. Project readiness and timeline for c…

If an advisory committee is appointed, it shall review each application and assign a recommended amount to each grantee, the aggregate not to exceed that authorized by the board. History: Effective January 1, 2019. General Authority: NDCC 28-32-02 Law Implemented: NDCC 15-01-02, …

If approved in advance by the director, an applicant may supplement its application. History: Effective January 1, 2019. General Authority: NDCC 28-32-02 Law Implemented: NDCC 57-62-05

The advisory committee, if appointed, shall submit to the director its recommendations for funding, as well as a list of the applications not recommended for funding. The director shall submit the recommendations for the board's consideration and approval. The director may also s…

The board retains final authority to award grant funds. History: Effective January 1, 2019. General Authority: NDCC 28-32-02 Law Implemented: NDCC 15-01-02

All correspondence, grant extension requests, grant allocation change requests, or other presentations must be signed by the following: 1. A political subdivision--an appointed or elected government official. 2. An entity exempted from statutory political subdivision requirements…

A grant recipient shall receive written notification of the grant awarded by the board from the director. The grant recipient shall acknowledge and return, within thirty days of the date of the notice, the recipient's acceptance or declination of funds on a form provided by the d…

A grant recipient must be registered with the office of management and budget as an active participant to receive electronic payment transactions. History: Effective January 1, 2019. General Authority: NDCC 28-32-02 Law Implemented: NDCC 57-62-05 1…

The length of a grant period is three years, unless otherwise adjusted by the board. History: Effective January 1, 2019. General Authority: NDCC 28-32-02 Law Implemented: NDCC 57-62-05

1. The grantee shall submit to the director a biannual progress report, prescribed by the energy infrastructure and impact office. The biannual progress report must be received by the energy infrastructure and impact office by the twentieth day of June and December of every year …

1. Grant funds are distributed based on documentation of either expenditures for project completion or asset acquisition, as approved by the director. Reimbursement may be authorized in phases or based on the incurrence of expenditures by the grantee. A grantee shall submit a req…

1. The grantee may submit a written request to the director if a grant project will not be completed by expiration of the grant period. The request must be received by the director no later than seventy-five days prior to expiration of the grant period. The request must detail: 2…

Funds must be used for the purpose or scope proposed in the grantee's application, unless a grantee makes a written request to the director for authorization to modify the purpose or scope of the project. The grantee must provide supporting documentation detailing the proposed mo…

In the event of an aged grant, the director shall notify the grantee in writing that the board intends to cancel the grant and retire the remaining balance. Within fifteen days of the postmark of the notice, the grantee shall: 1. Submit a written response to the director indicati…

A grantee that does not respond to the director's notice is deemed to concur with the cancellation of the grant. The board may cancel the grant immediately and retire the remaining balance to the originating grant fund. If an extension of an aged grant is not granted, the board m…

The following definitions, in addition to the definitions in North Dakota Century Code chapter 47-30.2, apply to this article: 1. "Claim" means the formal filing that initiates the process of returning unclaimed property to the rightful owner. 2. "Claimant" means the individual s…

A holder shall report abandoned property to the administrator in the standard national association of unclaimed property administrators' format. History: Effective January 1, 2019; amended effective April 1, 2022. General Authority: NDCC 47-30.2-03 Law Implemented: NDCC 47-30.2-2…

In addition to the requirements in North Dakota Century Code section 47-30.2-22, a holder shall submit the following information in the report, if available: 1. Identifying check, account, or policy number; 2. Owner date of birth; and 3. For mineral proceeds, a legal land descrip…

Repealed effective April 1, 2022.

A holder shall accumulate mineral proceeds and submit an annual lump sum report to the administrator before November first for the amount due through June thirtieth. History: Effective January 1, 2019; amended effective April 1, 2022. General Authority: NDCC 47-30.2-03 Law Implem…

Repealed effective April 1, 2022.

For accounts containing a security as defined in subsection 30 of North Dakota Century Code section 47-30.2-01 that allow for automatic reinvestment of dividends or interest and where there is no 1 record of indication of apparent owner interest in the property as defined in Nort…

Repealed effective April 1, 2022.

A claimant shall provide adequate documentation to establish ownership of the abandoned property, including photo identification and documentation of social security number. 1. The following additional documentation is required if a claim is submitted on behalf of: a. Deceased in…

Upon approval of a claim, payment must be issued: 1. In the name of the reported owner; 2. In accordance with a court order; or 3. In the name of the rightful owner, as determined by the administrator, based on the records of the holder and other information available to the admi…

1. An electronic list of owners must be provided upon request. The list includes: a. Property held by the unclaimed property division as of the date of the request; b. Owner's name; c. Owner's last known address; d. Holder information; e. Date of last activity; and f. Type of pro…

An approved claim submitted by an heir finder must be paid in the name of the original owner. History: Effective January 1, 2019. General Authority: NDCC 47-30.2-03 Law Implemented: NDCC 47-30.2-50, 47-30.2-51, 47-30.2-52, 47-30.2-68, 47-30.2-69, 47-30.2-70 2…

1. The administrator may contract with a person to conduct unclaimed property examinations to determine compliance with North Dakota Century Code chapter 47-30.2. 2. A contract to conduct an examination may provide for compensation of the person based on a fixed fee, hourly fee, …

1. All unclaimed property examinations begin with an official notice of examination. 2. The notice of examination must include: a. An explanation that the administrator is authorized to examine the records of the person subject to examination pursuant to North Dakota Century Code…

1. Once an examination is assigned and written notice of examination is provided to the person subject to examination, an entrance conference will be scheduled with the examiner and representatives of the person subject to examination. A representative of the administrator may pa…

If the person subject to examination refuses to adhere to the rules and laws, the examiner shall inform the administrator of the refusal and the commissioner may bring action to enforce the rules and laws as outlined in North Dakota Century Code chapter 47-30.2, including issuing…