North Dakota Administrative Code

A coal lease may be issued upon acreage not already under a coal lease as reflected in department records. A coal lease is limited to a maximum of one quarter section, unless otherwise authorized by the board. History: Effective January 1, 2020. General Authority: NDCC 15-05-05, …

A written application for a coal lease must include: 1. Legal description of the lands to be leased; 2. Proposed terms for the coal lease, including the bonus, length, delay rental, and royalty; 3. Documentation showing that the bonus, term, delay rental, and royalty being offere…

1. Upon receipt of an application for a coal lease and a determination by the board that the application covers a tract the board is willing to lease, the department shall post on the department's website a notice of the application for coal lease, any supporting documentation, a…

The department may negotiate with the applicant the terms and conditions of a coal lease the department deems to be in the best interests of the trusts. If the board owns the surface estate of a coal leased premises, compensation for the surface damage must be negotiated separate…

The department may require a lessee to conduct drilling tests on the coal leased premises prior to the coal mining operations. If required, sufficient test holes must be drilled to outline the boundaries, thickness, and depth of the coal deposit and estimate the quality, quantity…

To request a voluntary release of a coal lease, or portion of a coal leased premises, a lessee shall submit a written request to the department utilizing the form available on the department's website and all other documents requested by the department. Approval of a voluntary re…

1. A coal lease may be canceled for: a. Nonpayment of any sum due under the coal lease; b. Breach of any of the coal lease terms or conditions provided the cancellation does not release lessee from liability for any sum due lessor or from any damages due to the breach; or c. Viol…

Within thirty days of a decision under these rules, an aggrieved party may request the commissioner review the decision. The aggrieved party seeking review shall submit any information required by the commissioner as part of this request. Within thirty days of the commissioner's …

1. The minimum delay rental is five dollars per acre per year payable for as long as the coal lease is in full force and effect. 2. The first year of delay rental must be paid upon the issuance of a coal lease. The delay rental for each subsequent year of the coal lease is due an…

Royalties are due to the lessor for coal mined or saved from the coal leased premises. If any other valuable substance is found or discovered during exploration or coal mining operations, the operator must notify the department prior to extraction. History: Effective January 1, 2…

A lessee shall submit a written request to the department for an assignment of coal lease utilizing the form available on the department's website. A request for assignment must include any documents requested by the department. The lessee shall submit a coal lease assignment fee…

For a coal lease or prospecting permit for which the board is leasing or granting the right to explore for coal and has no interest in the surface estate, the lessee or permittee shall comply with North Dakota Century Code chapter 38-18. History: Effective January 1, 2020. Genera…

The lessee shall pay the entire cost of reclamation necessitated by the coal mining operation. History: Effective January 1, 2020. General Authority: NDCC 15-05-05, 15-05-09, 15-07-20, 15-08.1-06, 61-33-06 Law Implemented: NDCC 15-05-01, 15-05-09

A statement and payment of royalty must be received by the department on or before the last day of the month following the mining and removal of coal from the premises. 1. The royalty payment and reporting deadline may be extended by the commissioner upon written request. An exte…

1. The department may audit and examine any records, including: 5 a. Cuttings, cores, logs, mine plans, and estimated tonnage in place from any coal leased premises; b. Books, accounts, sales invoices, and receipts; c. Contracts and other records pertaining to the production, tra…

1. Administrative committee on veterans' affairs. The committee consists of fifteen voting members and four ex officio nonvoting members. The voting members are appointed by the governor for staggered terms from nominees submitted by the American legion, the veterans of foreign w…

The procedures of this chapter establish a means whereby individuals having been denied reinstatement to a former position may pursue their request for reinstatement as provided in the North Dakota Century Code section 37-01-25.1. General Authority: NDCC 37-01-25.1 Law Implemente…

Any individual entitled to reinstatement to a former position as set forth in the North Dakota Century Code section 37-01-25.1 may make the individual's case known to the department of veterans' affairs of North Dakota and seek assistance in reinstatement by completing notice of …

Upon receipt of the notice of appeal, the commissioner shall immediately arrange to advise the employer, by letter, of the notice of appeal and its total content, through a copy of the notice of appeal. The employer shall then be provided an opportunity to respond by sworn affida…

Immediately following the twelve-day period provided for the employer to respond, the commissioner will carefully examine the information available and will either prepare an order to deny 1 the applicant's request or order the officer, or other appointing power, to comply with t…

In the event an order of the commissioner to reinstate does not effect such reinstatement, the applicant will be contacted and offered the services of the department to pursue the applicant's appeal through the district courts, if the applicant so desires. General Authority: NDCC…

1. Application will be submitted to the North Dakota veterans' home basic or skilled care unit. a. If a member of the board of admissions determines that insufficient information is available to properly process the application, an authorization to disclose information form shall…

1. An applicant must come within the definition of "basic care" as defined in North Dakota Century Code section 23-09.3-01 to be eligible for admission to the basic care unit of the home. No applicant shall be considered eligible for residency whose last period of service in the …

1. The board of admissions shall consist of administration, social services, nursing, and an individual from a certified medical field. 2. Board of admissions members will make their decision on the merits of the submitted applications. 3. Each board member, or the administrator'…

1. The applicant must be notified, in writing, as to the reason or reasons for denial of admission to the home. The applicant must also be given notice of the right to appeal the decision, and that any appeal must be in writing and received by the administrator within thirty days…

Repealed effective April 1, 2008.

A former resident may be readmitted if a new application has been submitted and approved by the board of admissions and all money owed to the home by the former resident has been paid or arrangements made for payment and approved by the board of admissions. 3 History: Effective M…

Rent is based on the resident's ability to pay and on the rate structure established by the administrative committee on veterans' affairs. The rent is based upon a resident's income and allowable expenses, in accordance with the rent policy established by the administrative commi…

Repealed effective April 1, 2008.

Residents have an obligation to pay charges they incur at the home. Residents who become delinquent in paying these charges may be subject to discharge. Residents or their guardians are responsible for payment of monthly charges. History: Effective May 1, 1987; amended effective …

Repealed effective April 1, 2008.

Each resident's finances are reviewed in December of each year or as financial situations change. Residents must declare all monthly income and expenses, and provide verification of amounts. When accurate information has not been furnished, the facility shall charge the maximum r…

Repealed effective April 1, 2008.

Repealed effective April 1, 2008.

Each resident shall be assigned a mailbox at the home. Mail a resident receives should be properly addressed to the resident in care of the North Dakota veterans' home. A resident may rent a mailbox at the local post office. History: Effective May 1, 1987; amended effective April…

Repealed effective April 1, 2008.

Repealed effective April 1, 2008.

Repealed effective April 1, 2008.

Residents may or may not participate in a religious program of their choice. Residents with individual preferences may attend a local church of their choice, with transportation being the responsibility of the resident. History: Effective May 1, 1987; amended effective April 1, 2…

Repealed effective April 1, 2008.

Repealed effective April 1, 2008.

Repealed effective April 1, 2008.

Residents shall comply with the provisions of North Dakota Century Code section 48-05-06. A resident who is found to have any alcoholic beverages or controlled substances on the premises is subject to discharge and civil court for violation of North Dakota Century Code section 48…

Repealed effective April 1, 2008.

Repealed effective April 1, 2008.

Repealed effective April 1, 2008.

Repealed effective April 1, 2008. 1