North Dakota Administrative Code

Delegate assigned tasks only to qualified personnel. General Authority: NDCC 13-05-06 Law Implemented: NDCC 13-05-06(3)

Never knowingly misrepresent an institution or organization with which affiliated, nor knowingly represent affiliation with institutions or organizations when such affiliation does not exist. General Authority: NDCC 13-05-06 Law Implemented: NDCC 13-05-06(3)

Not discriminate on grounds of race, color, creed, or national origin in the selection of creditors represented, in the selection of staff employees, or in dealings with consumers. General Authority: NDCC 13-05-06 Law Implemented: NDCC 13-05-06(3)

Maintain a sufficiently strong financial position to reasonably assure the agency's continued operation. General Authority: NDCC 13-05-06 Law Implemented: NDCC 13-05-06(3)

Comply with the guides against debt collection deception of the federal trade commission as they apply to collection agency practices. General Authority: NDCC 13-05-06 Law Implemented: NDCC 13-05-06(3)

Comply with the Federal Communications Act, with particular attention to sections 203 and 223 as they refer to the use of the telephone. These sections specifically prohibit the use of the telephone in a manner that is for the purpose of and calculated to "frighten, abuse, tormen…

Except as specified by this section, no money broker may accept any type of fee in advance, to include expense deposits, from a potential borrower for the procurement of a loan. A money broker may accept an advance expense deposit which may not exceed the money broker's good-fait…

Before a money broker performs any services for a potential borrower, the money broker and the borrower shall enter into a written contract specifying the duties and conditions under which the money broker shall perform the broker's services. The contract must fully disclose esti…

In all dealings between a borrower and a money broker, the money broker is charged with a duty to fully and fairly inform the prospective borrower of all liabilities, costs, and other financial obligations that can or will be incurred by the borrower if the borrower uses the serv…

Whenever a money broker arranges a loan for a borrower, the following loan disclosure statements must be prepared by the money broker for the borrower and set forth in a plain language and meaningful order: 1. Summary of loan terms. Money brokers must provide all loan disclosures…

In addition to the initial written contract, the money broker shall give to the potential borrower an estimate of the amount of chargeable costs and expenses that will be collected by the money broker in case no loan is found for the borrower. An estimated total cost to the borro…

Repealed effective April 1, 2013. 2

The money broker shall maintain all records of its transactions at its office for at least six years and these records must be subject to examination by the department of financial institutions. History: Effective February 1, 1984; amended effective June 1, 2002. General Authorit…

When loan funds are not provided or arranged for a borrower, any statement from the money broker to the potential borrower whereby the money broker seeks reimbursement of any costs and expenses must contain an itemized listing of costs and expenses chargeable to the potential bor…

institutions. The written contract as provided in section 13-05-01-03 of these regulations must contain the following notice in capital letters: NOTICE: MONEY BROKERS ARE LICENSED AND REGULATED BY THE DEPARTMENT OF FINANCIAL INSTITUTIONS, 1200 MEMORIAL HIGHWAY, BISMARCK, NORTH DA…

A copy of all written contracts between the money broker and the potential borrower must be given to the potential borrower at the time that the contract is signed. History: Effective February 1, 1984. General Authority: NDCC 13-04.1-01 Law Implemented: NDCC 13-04.1-06

Any act or conduct violating any of the provisions of this chapter or any law or rule regarding money brokers constitutes unprofessional conduct and constitutes grounds for revocation of the money broker license. History: Effective February 1, 1984. General Authority: NDCC 13-04.…

As used in this chapter: 1. "Annual percentage rate" means a measure of the cost of credit, expressed as a yearly rate, as calculated under the Truth in Lending Act [15 U.S.C. 1601]. 2. "Closed transaction" or "close" means a completed deferred presentment service transaction tha…

In order to determine financial responsibility, applicants shall provide with the application the most current fiscal year-end financial statements, prepared in accordance with generally accepted accounting principles. The applicant shall also include financial statements for the…

Each applicant shall maintain a bond issued by a surety company authorized to do business in this state. The bond amount is generally based on the high point of the receivables of the applicant's business, as of the most recent March thirty-first report. If an applicant has more …

A photograph of the exterior and interior of the business location must be included with the initial application. The application must include fingerprint cards from principal shareholders and managers. Any application received that is incomplete will be returned to the applicant…

Licensees shall post a notice of fees in a conspicuous location in a minimum font size of forty-eight point. History: Effective July 1, 2001. General Authority: NDCC 13-08-10 Law Implemented: NDCC 13-08-06(1)

The change of control application must be filed and approved by the commissioner prior to the date the change of ownership is consummated. The department shall act on the application within sixty days from the date the application is received but may extend the review period for …

Written reports in this section must be on a form prescribed by the commissioner. Written reports that are required by the commissioner to be filed within fifteen calendar days of the occurrence of the events are: 1. A report of the name change of the licensee must be filed with …

For purposes of any investigation, examination, or proceeding under North Dakota Century Code chapter 13-08, the commissioner may require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the commissioner deems relevan…

The records must be kept for six years from the date of the last transaction. Records must be located at the licensee's business location. With the commissioner's prior written approval, the licensee may retain records at a location other than the licensed location. The licensee …

Every licensee shall keep the following records: 1. Transaction register. a. The transaction register must contain the original entry and be a permanent record, and must show for every transaction the transaction number, date of transaction, maturity date, date of rollover and ne…

1. Each document used in the transaction process bearing evidence of indebtedness, and executed by a check maker, must bear a transaction number. 2. The name and address of the licensee making the transaction must appear on all disclosure statements, all written agreements, and a…

Any deferred presentment service provider that contracts with a third-party collection service in an attempt to collect nonsufficient funds, account closed, stop payment orders, or any other returned checks shall provide in the contract a notice of the twenty dollar maximum allow…

1. The deferred presentment service check must be presented for payment within sixty days of the original transaction date. 2. When a payment is made in cash, the licensee shall give a receipt to the customer. 3. Unless otherwise authorized by subsection 14 of North Dakota Centur…

Repealed effective April 1, 2013.

A licensee may surrender a deferred presentment service business license by delivering to the commissioner written notice that the license is surrendered. The surrender does not affect the licensee's civil or criminal liability for acts committed prior to such surrender, affect t…

A licensee may not advertise in a false, misleading, or deceptive manner or imply or indicate that the rates or charges for loans made are "approved", "set", or "established" by the department of financial institutions. History: Effective July 1, 2001; partially voided effective …

The commissioner may directly administer, or contract with a third-party vendor to operate and maintain a website on behalf of the department, in which each transaction shall be recorded for the purpose of preventing violations of North Dakota Century Code chapter 13-08. Each tra…

1. Prior to engaging in any transaction, a licensee must: 8 a. Access the vendor database using the assigned user identification and password provided to each employee by the security administrator for the licensee. b. Conduct a search of the database based upon either a social s…

1. If a deferred presentment agreement is canceled, the licensee shall not assess either the transaction fee or the verification fee to the customer. The licensee shall immediately close the transaction on the database. 2. If a licensee becomes aware of a change of information re…

A licensee shall be responsible to make payment of all database transaction fees charged for registering a transaction on the database administered or authorized by the commissioner. Database 9 transaction fees will be charged on a per transaction basis. A licensee may charge the…

The commissioner may publish information concerning any violation of the statute or any rule, regulation, or order of the commissioner under the statute. The department or department agents may confiscate control of any record for purposes of verification of bond claims. History:…

For purposes of this chapter, "past due or doubtful of collection" means cash due from an authorized delegate that is not remitted on or before the tenth business day after the date authorized delegate is required to remit the money under the written agreement between the license…

At the time of making an application for licensure under North Dakota Century Code chapter 13-10, the applicant shall include payment in the sum of twenty-five dollars, as a fee for investigating the application, and the sum of fifty dollars for the license fee. Additionally, eac…

1. History. The 1901 legislative assembly passed legislation establishing the board of barber examiners, codified as North Dakota Century Code chapter 43-04. This chapter requires the governor to appoint a board of barber examiners. The board, generally speaking, provides supervi…

All barber shops and schools or colleges where barber service is rendered shall be open for inspection at all times during business hours to any member of the board, and its agents, assistants, and deputies and to any member of the state department of health. Those persons may in…

A design, clearly visible, shall be displayed at the main entrance to all barber shops, schools, and colleges where barber service is rendered indicating the business conducted within the establishment. History: Effective August 1, 1978. General Authority: NDCC 43-04-11 Law Imple…

Barber shops, schools, and colleges where barber service is rendered and bathrooms, toilets, and sparerooms in connection therewith, shall be in a proper location and shall be properly lighted, provided with hot and cold running water, and kept in a clean and sanitary condition. …

A barber shop located in a place of residence must be in a separate room, have a private entrance, and must be isolated and used exclusively for barbering or beauty culture. History: Effective August 1, 1978; amended effective January 1, 2011. General Authority: NDCC 43-04-11 Law…

All barber shop equipment, furniture, floors, walls, ceilings, windows, bathrooms, toilets, adjoining rooms and all other articles and fixtures of barber shops or schools where barber services are rendered shall be kept clean and free from dust and in an orderly manner at all tim…

All barber shops shall have a minimum work space of one hundred square feet [9.29 square meters]. If any barber shop contains more than one work area or barber chair, a minimum of twenty-five square feet [2.32 square meters] shall be required for each such additional work area or…

Barber shops or any other place where barber service is rendered must provide a safe and adequate supply of continuous hot and cold running water. They must maintain a hot water receptacle of not less than five gallons [19 liters] for each chair. All plumbing must conform to the …

Repealed effective January 1, 2011.

Repealed effective January 1, 2011.