North Dakota Administrative Code

As used in this title, unless the context otherwise requires: 1. "Clinical counseling" means providing clinical mental health counseling services involving the application of principles of human development, learning theory, psychotherapy, group dynamics, and the etiology of ment…

Only persons licensed under this chapter may use the title "licensed professional clinical counselor" or the abbreviation "LPCC". History: Effective December 1, 2001 General Authority: NDCC 28-32-02(1), 43-47-06.1 Law Implemented: NDCC 43-47-06.1

counselors. In addition to the thirty hours required for renewal of the licensed professional counselor license, a licensed professional clinical counselor shall complete at least ten hours of continued professional education primarily focused on clinical counseling in the two ye…

All actions for disciplinary procedures must be in accordance with North Dakota Century Code chapter 28-32. 1. Action must be taken by the board upon finding that the applicant or licenseholder has engaged in unprofessional conduct. Unprofessional conduct includes: a. Conviction …

1. Any person whose license has been revoked or whose renewal application has been denied renewal under section 97-02-02-01 may submit a new application to the board for licensure two years after the date of the revocation or denial. 2. The board may, after a hearing, grant or de…

A licensee, convicted of an offense, except a minor traffic offense, or disciplined in another jurisdiction, shall report the conviction or discipline to the board within thirty days of the conviction or discipline. History: Effective July 1, 2014. General Authority: NDCC 28-32-0…

The board adopts the American counseling association Code of Ethics as approved by the American counseling association governing council in 2014 as its code of ethics for the practice of counseling. A copy may be obtained from the board. History: Effective February 1, 1995; amend…

The office of administrative hearings was established July 1, 1991, as a result of the passage of Senate Bill No. 2234 in the fifty-second legislative assembly. See S.L. 1991, ch. 637. The office must provide independent hearing officers for state agencies, boards, and commission…

The office of administrative hearings itself is an agency subject to chapter 28-32. It is required to conduct hearings for other agencies that are subject to chapter 28-32. When conducting hearings for agencies subject to chapter 28-32, its hearing officers must conduct those hea…

Any inquiries concerning the office of administrative hearings, the uniform rules of administrative procedure for adjudicative proceedings adopted by it, or any of the laws relating to the office of administrative hearings or the uniform rules may be addressed to: Director Office…

[Reserved] See subsection 1 of North Dakota Century Code section 28-32-21 for statutory requirements.

[Reserved] See subsection 3 of North Dakota Century Code section 28-32-21 for statutory requirements.

All pleadings, notices, written motions, requests, petitions, and briefs relating to a proceeding must be served on all parties and filed with the agency. When a proceeding has been assigned to a hearing officer outside the agency, the agency shall inform the parties of the desig…

In computing any period of time under this title, the time begins with the day following the act or event, or default from which the designated period of time begins to run, and includes the last day of the period, unless the last day is a Saturday, Sunday, or legal holiday, in w…

Any party may participate in the hearing in person, or if the party is a corporation or other artificial person, by a duly authorized representative. Regardless of whether a party is participating in person, any party may be advised and represented by an attorney licensed to prac…

1. General. Parties may obtain discovery in accordance with the North Dakota Rules of Civil Procedure. The hearing officer shall recognize all privileged information or communications which are recognized by law. 2. Identification of witnesses. The hearing officer may require a p…

1. Any attorney representing a party to the proceedings may issue a subpoena to require the attendance and testimony of a witness at proceedings or a subpoena for the production of documentary evidence. 2. The hearing officer shall issue a subpoena to require the attendance and t…

1. Motions must state the relief sought, the authority relied upon, and the facts alleged. If made before the hearing they must be in writing. If made at the hearing, they may be stated orally, but the hearing officer may require that they be reduced to writing, filed, and served…

The hearing officer may order the parties to participate in a prehearing conference. Any party may request the hearing officer to hold a prehearing conference, but the decision to conduct a prehearing conference is the hearing officer's. The hearing officer will determine the met…

The hearing officer may require the parties to file written statements of position prior to the prehearing conference, prior to the hearing, or at the time of the hearing, summarizing their positions relative to the issues, identifying material facts in dispute as well as those n…

Any party intending to introduce an affidavit in evidence shall serve a copy of the affidavit upon all parties at least fifteen days prior to the hearing, unless the hearing officer fixes another time period. If, within seven days of such service, a party files and serves a writt…

The hearing officer, upon the motion of any party or upon the hearing officer's own motion, may order two or more proceedings consolidated for hearing if they present similar issues of fact and law, and if the rights of the parties or the public interest will not be substantially…

[Reserved] See North Dakota Century Code section 28-32-28 for statutory requirements.

[Reserved] See North Dakota Century Code section 28-32-22 for statutory requirements.

This section applies only if a party has first petitioned the hearing officer for disqualification under North Dakota Century Code section 28-32-27, and the hearing officer has refused to disqualify himself or herself. 1. If the hearing officer whose disqualification is sought ha…

[Reserved] See North Dakota Century Code section 28-32-30 for statutory requirements.

A party requesting auxiliary aids or services that may be required for an administrative agency's hearing or related proceeding, whether for the party or a witness of the party, must make the request to the administrative agency prior to the hearing or related proceeding. The adm…

1. Before the issuance of a notice of hearing, an attorney may withdraw an appearance for a party by filing a notice of withdrawal with the agency and, if the proceeding has been assigned to a hearing officer outside the agency, with the hearing officer. The notice must also be s…

1. Electronic filing. a. Documents may be filed electronically with an agency, if permitted by the agency. If a proceeding has been assigned to a hearing officer outside of the agency and the agency permits documents to be filed electronically, documents may be filed electronical…

An evidentiary hearing need be conducted only in cases where genuine issues of material fact must be resolved. When it appears from pleadings, admissions, stipulations, affidavits, or other documents that there are no matters of material fact in dispute, the hearing officer, upon…

The hearing officer has the duty to conduct a hearing, and related proceedings, to take all necessary action to maintain order and avoid delay, and has all powers necessary to these ends, including, but not limited to, the authority to: 1. Arrange and issue notice of, the date, t…

The hearing is directed to receiving factual evidence and expert opinion testimony related to issues in dispute. Argument will not be received in evidence; rather, it must be presented in statements, memoranda, or briefs, as determined by the hearing officer. Brief opening statem…

Disrespectful, disorderly, or contemptuous conduct, contumacious language, refusal to comply with directions, or continued use of dilatory tactics by any person constitutes grounds for immediate exclusion of such person from the hearing by the hearing officer. History: Effective …

[Reserved] See North Dakota Century Code section 28-32-24 for statutory requirements.

Evidence other than witness testimony must be submitted in the form of exhibits. All documentary exhibits must be on paper of good quality, plainly legible, and durable, and may not exceed eight and one-half by eleven inches [21.59 by 28.21 centimeters]. If approval of the hearin…

A party seeking a continuance shall first contact the other parties for the purpose of obtaining a stipulated agreement. If the party seeking the continuance is unable to secure a stipulated agreement then that party shall submit a written request for continuance to the hearing o…

[Reserved] See North Dakota Century Code section 28-32-37 for statutory requirements. 3

Requests by a party, or any other person allowed to participate in the proceeding, for the furnishing of a copy of the record, or a part thereof, under either North Dakota Century Code section 28-32-36 or 28-32-44, shall be made to the administrative agency. If the record is in t…

A hearing officer conducting a hearing for an agency under North Dakota Century Code chapter 28-32 may conduct a hearing in total or in part by making use of electronic means. If the agency has a statute or rule about conducting the hearing by electronic means, the hearing office…

At the conclusion of the hearing, any party may request an opportunity to submit proposed findings of fact and conclusions of law and briefs. The hearing officer may direct the parties to submit proposed findings of fact and conclusions of law and briefs. The hearing officer shal…

[Reserved] See North Dakota Century Code section 28-32-25 for statutory requirements.

[Reserved] See North Dakota Century Code section 28-32-39 for statutory requirements.

[Reserved] See North Dakota Century Code section 28-32-40 for statutory requirements.

[Reserved] See North Dakota Century Code section 28-32-41 for statutory requirements.

If a recommended order is issued by a hearing officer outside the agency, the agency shall provide to that hearing officer a signed copy of the final order, as soon after its issuance as possible, as well as a copy of the findings of fact and conclusions of law on which the final…

1. If a hearing officer issues either a recommended or final order and the hearing officer has not yet issued the order, any party may petition the hearing officer to reopen the hearing. 2. The petitioning party must submit with the petition to reopen the hearing a statement of s…

An organization or a closely related organization may be ineligible for a license or permit if either organization has failed to resolve an imbalance involving its gaming or trust account according to section 99-01.3-03-05, has deals or games with state gaming stamps that are not…

1. An eligible organization shall obtain an approved site authorization for a site within a city or county from the governing body of the appropriate jurisdiction. The attorney general shall have final approval of a site authorization. A separate site authorization is required fo…

1. An organization may not conduct games at a site unless the attorney general first approves a site authorization and license for that city or county. A separate license is required for each city or county. For an initial application for a license for an organization that desire…

If information on a site authorization or license application becomes inaccurate or outdated in a material way, including a change in an organization's primary purpose, the organization shall provide the attorney general, in writing, items of change within fourteen days following…