North Dakota Administrative Code

Inquiries about this program may be addressed to: Manufactured Home Installation Program Manager North Dakota Department of Commerce Division of Community Services 1600 East Century Avenue, Suite 2 Bismarck, ND 58503 History: Effective January 1, 2006; amended effective July 1, 2…

The administration of this program is the responsibility of the division of community services. History: Effective January 1, 2006. General Authority: NDCC 54-21.3-08 Law Implemented: NDCC 54-21.3-08

Manufactured home installers in North Dakota shall first register with the division. If any of the application information for the registered installer changes after issuance of the registration, the registered installer shall notify the division in writing within thirty days fro…

A person who owns the manufactured home or the real property where the home is to be installed is not required to register as an installer if that person does that person's own installation but shall comply with all provisions of this chapter other than the registration provision…

A political subdivision may not issue a building or zoning permit for the first-time installation of a manufactured home to an unregistered installer. The political subdivision is required to report any such person attempting to obtain a permit to the division. Any building or zo…

Repealed effective July 1, 2020.

The division may authorize individuals to perform inspections and enforce the proper installation of manufactured homes. Enforcement shall include issuance of installation authorizations and permanent insignias certifying compliance with the manufacturer's installation instructio…

Since this program pertains only to the first-time installation of a manufactured home, the primary standards are the specifications provided in the manufacturer's installation instructions. However, alternate standards developed by the federal department of housing and urban dev…

The division shall adopt a standard installation authorization form to be used statewide by the division and certified inspectors, a standard inspection form, and minimum inspection requirements. Inspection forms shall be maintained for a minimum of three years from the date of t…

The division may cause to be investigated any complaint concerning the installation of a manufactured home filed in writing by an owner, dealer, manufacturer, installer, or certified inspector. The division may designate a certified inspector or other qualified entity to make com…

The division may permanently revoke or temporarily suspend the registration or certification of an installer or inspector. Reasons for suspension include: 1. Failure to file each year and keep current, a letter of credit, certificate of deposit, or surety bond as required. Licens…

A registered installer or certified inspector subject to revocation, suspension, or nonrenewal may appeal the revocation or suspension to the director of the division of community services. Further appeal may be heard under the procedures found in North Dakota Century Code chapte…

The division shall adopt a standard insignia to be used statewide indicating that a manufactured home is installed in compliance with the manufacturer's installation instructions. The insignia shall include the name, address, and telephone number of the division, the date the ins…

The division will establish and maintain a system of databases and procedures for reporting. Each certified inspector must submit a monthly report accounting for insignias, both issued and on hand by serial number. The report is due by the fifteenth of the following month. A repo…

Any person who violates any provision of this chapter is guilty of a class A misdemeanor. History: Effective January 1, 2006. General Authority: NDCC 54-21.3-08 Law Implemented: NDCC 54-21.3-08

The following nonrefundable fees apply: 1. Installer registration - $150 per year. 9 2. Nonparticipating jurisdiction certified inspector - $150 per year. 3. Participating jurisdiction certified inspector registration - $50 per year. 4. Installation insignia - $50 per label. 5. O…

1. In 1981 the legislative assembly established a peace officer standards and training board under the law enforcement standards training and statistics division of the office of attorney general. In 2003 the legislative assembly repealed the statutory provisions relating to the …

1. The peace officer standards and training board consists of nine members, including the director of the law enforcement training center, six peace officers, one county government representative, and one city government representative. 2. With the exception of the director of th…

The board meets quarterly and when called at the direction of the board chairman. History: Effective October 1, 2004. General Authority: NDCC 12-63-04(2)(d) Law Implemented: NDCC 12-63-04

1. All inquiries regarding the peace officer standards and training board may be addressed to the secretary of the board. All requests for hearings and for participating in rulemaking may be addressed to the secretary of the board, unless specific public notice provides otherwise…

The terms used throughout this article have the same meaning as in the North Dakota Century Code except: 1. "Agency" means a criminal justice agency, or an agency of the state of North Dakota or one of its political subdivisions, authorized to employ licensed peace officers. For …

The provisions of this chapter apply to all licensees and officers who have been issued a license unless otherwise provided for in this chapter. History: Effective July 1, 2006; amended effective April 1, 2022. General Authority: NDCC 12-63-02.1(7), 12-63-02.3(5), 12-63-04(2)(d) …

1. The agency shall conduct a criminal history background investigation when the agency hires or appoints an individual to perform officer duties by submitting a complete set of the individual's fingerprints and all other information necessary to complete a state and nationwide c…

An applicant for an officer license and all licensees: 1. Must be a United States citizen, or in resident alien status, as defined by United States citizenship and immigration services laws and regulations. 2. Must be a high school graduate, have a high school equivalency diploma…

1. In addition to other requirements of law when an agency employs or appoints an individual to be an officer, the agency shall notify the board of the employment of the individual on a form provided by the board and verify that the individual meets the requirements of North Dako…

1. In addition to other requirements of law when an agency employs or appoints an individual to be a reserve peace officer, the agency shall notify the board of the employment or appointment of the individual on a form provided by the board and verify that the individual meets th…

1. Every agency shall provide or obtain the necessary training for its officers in order that those officers meet all board license requirements. 2. Every agency shall maintain records of training provided to their officers and make the records available to the board upon request…

Repealed effective April 1, 2014.

The board may waive the requirements of this article upon a showing of good cause. Good cause means a situation involving extreme hardship that places an undue burden on an officer or agency. History: Effective October 1, 2004; amended effective April 1, 2014; April 1, 2022. Gene…

This article establishes minimum standards and requirements for officers and does not preclude an agency from establishing additional or more stringent hiring and training requirements and ethical standards. History: Effective October 1, 2004; amended effective April 1, 2022. Gen…

Hearings and appeals must be in accordance with North Dakota Century Code chapters 28-32 and 54-57. An aggrieved individual may waive these requirements and consent to disposition by the board. History: Effective October 1, 2004; amended effective April 1, 2014. General Authority…

1. Each applicant for a peace officer's license shall successfully complete the first available board-certified basic full-time peace officer training course from the date of the issuance of the peace officer's limited license, except as extended by the board under these rules an…

officers. Supervision of officers with a part-time license and reserve peace officers means the supervising officer has the ability to have direct personal contact with the part-time peace officer or reserve peace officer within a reasonable time and the part-time peace officer o…

Repealed effective April 1, 2014.

1. The board may issue a limited peace officer license to an individual who is in good standing and has completed the educational, medical, and psychological examination licensing requirements and has been qualified to carry a sidearm. 2. The application for the limited license m…

The board may issue a reserve peace officer license to an individual who is in good standing; passed a criminal history background investigation; has completed the educational, medical, and psychological examination licensing requirements; and has qualified to carry a sidearm. Th…

1. An individual having peace officer experience or having completed an equivalent basic full-time peace officer training course conducted in any state or by a federal law enforcement agency may qualify for a partial waiver of basic full-time peace officer training requirements. …

1. Examination requirements. An individual is eligible to take the licensing examination upon completion of or during the basic full-time peace officer training course. A minimum score of seventy percent is necessary for successful completion of the licensing examination. The ind…

1. Examination requirements. An individual is eligible to take the licensing examination within thirty days of completing the reserve peace officer training course. A minimum score of seventy percent is necessary for successful completion of the licensing examination. There is no…

If an individual is not already a licensed officer when hired by an agency, but the individual is eligible to be licensed, the individual shall apply to be licensed at the time of appointment or hire. The application must be made on a form provided by the board, and both the appl…

An applicant for a license shall successfully complete a board-approved psychological examination by a board-approved provider. An applicant shall also successfully complete a medical examination. The employing agency shall submit the results of the psychological examination and …

The board may not issue, renew, or reinstate an officer's license or limited license unless the officer has complied with all sidearm qualification requirements. The board may suspend an officer's license if the officer fails to comply with all sidearm qualification requirements …

Repealed effective April 1, 2014.

A peace officer with a part-time peace officer license may only perform peace officer duties within the scope of the peace officer's board-approved training. History: Effective July 1, 2006. General Authority: NDCC 12-63-02.1(7) Law Implemented: NDCC 12-63-02.1 5…

1. The following fees are nonrefundable: a. Peace officer licensing examination fee - twenty-five dollars. b. Initial license fee - the initial license fee is forty-five dollars. c. License renewal fee - forty-five dollars. d. Late license renewal fee for up to thirty days after …

Licenses remain the property of the board. An officer shall surrender the officer's license if the board has suspended or revoked the officer's license or if the officer has not requested inactive status and has allowed the officer license to expire. History: Effective October 1,…

An individual who does not perform duties as an officer, is no longer employed or appointed by an agency, or otherwise allows the officer's license to expire shall comply with the following conditions for reinstatement: 1. If the board has revoked an individual's license by adver…

An individual who does not perform duties as a licensed peace officer or is no longer employed by an agency may request the board place the individual on inactive status. The individual shall make the request for inactive status in writing on a form provided by the board. The ind…

1. In order for an officer to remain licensed, the officer shall comply with all license requirements. Peace officers shall receive a minimum of sixty hours of certified training every three years. Certified training in online, web-based, or video format cannot constitute more th…

1. Application. An application for renewal of a license must be made on forms issued by the board. An officer applying for renewal shall verify compliance with sidearm and continuing education requirements on the application for renewal and submit the application for renewal prio…