North Dakota Administrative Code

An agency's termination of an officer's employment or appointment, whether the termination is voluntary or involuntary, may not preclude adverse license action against the individual by the board under North Dakota Century Code section 12-63-12. History: Effective October 1, 2004…

If an agency terminates an officer's employment or appointment, the agency shall notify the board within thirty days of the termination on a form provided by the board. The notice of termination must include: 1. The nature and cause of the termination. 2. The effective date of th…

The board shall notify an officer in writing when the board has made a determination to deny, refuse to renew or reinstate, suspend, revoke, or impose probationary conditions on an officer's license. The notice must specify the basis of the denial, refusal to renew or reinstate, …

An officer may not carry a sidearm in the course of employment or in the performance of official duties unless the officer has successfully completed the sidearm qualification requirements and the board has issued an officer license or limited license. Sidearm qualification requi…

licensed in North Dakota. The board shall establish and certify a sidearm qualification and use of force examination for individuals not licensed in North Dakota, including: 1. A written examination covering criminal and civil liability and North Dakota law on the use of force. A…

Repealed effective April 1, 2014.

Every officer shall qualify with the officer's duty weapon each year as a license requirement. 1. Sidearm qualification requires successful completion of a North Dakota certified shooting course at least once during each calendar year. If an officer fails to qualify after one att…

An officer may not qualify with the officer's duty weapon on a noncertified shooting course. History: Effective October 1, 2004; amended effective April 1, 2014; April 1, 2022. General Authority: NDCC 12-63-02.3(5), 12-63-04(2)(d) Law Implemented: NDCC 12-63-02.3, 12-63-04

A sidearm shooting course must meet the following requirements before the agency may receive certification for the course and before an officer may qualify or requalify with the officer's duty weapon: 1. The course must provide for a minimum of three firing positions, including: …

1. The board shall review all applications for sidearm qualification. The board may deny or revoke an application for sidearm qualification: a. If the applicant failed to successfully complete the shooting course; b. Upon a finding that the applicant falsified any information req…

Repealed effective April 1, 2014.

Repealed effective April 1, 2014. 4

The board shall certify law enforcement instructors who the board has determined are qualified, based on the instructor's education, training, and experience, to teach one or more law enforcement subjects in accordance with the requirements of this chapter. 1. The board may deny,…

1. A North Dakota licensed officer applying for certification as a law enforcement instructor to teach general police subjects or the use of weapons, must have: a. Two years' experience as a licensed or certified officer; b. Verified training or documented experience in each subj…

A law enforcement instructor's certification is effective for no more than the instructor's officer license period. The law enforcement instructor's initial certification period will expire the same date as the instructor's officer license. Subsequent instructor certification per…

1. Applications for instructor certification must be made on a board-approved form. 2. The board shall review all applications for certification. The board may issue an instructor's certificate, issue an instructor's certificate subject to conditions, or deny issuance of the cert…

1. In order to be certified as a weapons instructor, an officer shall successfully complete North Dakota peace officer standards and training board-approved instructor development and weapons instructor development courses. In order to waive any of those requirements the applican…

1. Within thirty days after an officer or applicant has completed a certified shooting course, the weapons instructor shall forward a completed sidearm qualification form to the board. 2. The board may suspend a weapons instructor's certification if the weapons instructor fails t…

Training providers must be certified by the board prior to the commencement of training. Certification may not exceed four years. 1. The training provider shall file satisfactory proof of adequate training equipment, facilities, and qualified instructors with the board prior to c…

revocation, or imposition of probationary terms. 1. The board may deny, suspend, revoke, or place conditions upon a training provider's or certified instructor's certification, or impose probationary conditions on the training provider or certified instructor, or suspend or revok…

1. The basic full-time peace officer training course must include training based on performance objectives essential for law enforcement in the state of North Dakota, and must include classroom training, field training, and firearms training. 2. The basic full-time peace officer …

1. The basic part-time law enforcement training course must include training based on performance objectives essential to part-time peace officers in the state of North Dakota, and must include classroom training, field training, and firearms training. 2. The basic part-time peac…

1. The basic reserve law enforcement training course must include training based on performance objectives essential to reserve peace officers in the state of North Dakota, and must include classroom training, field training, and firearms training. 2. The basic reserve peace offi…

The following procedures apply to all training courses for which certification is requested: 1. The individual or training provider seeking course certification shall submit an application and course description for program certification to the board on a form provided by the boa…

Repealed effective April 1, 2022. 6

1. This section applies to every officer licensed by the board and every peace officer standards and training board license applicant. This section applies to on-duty and off-duty officers. 2. All applicants for a peace officer license, including a part-time license, reserve, or …

Every officer must be sworn in as an officer and take an oath that substantially complies with the following: 1 1. The officer will uphold the constitution and laws of the United States, the constitution and laws of the state of North Dakota, and the laws of the community that th…

1. A peace officer utilizing a confidential informant should take reasonable steps to ensure the safety of the confidential informant and shall document that relationship using a written informant agreement agreed to by the parties prior to any controlled buy, controlled sale, or…

1. History and function. The 2005 legislative assembly passed the Marriage and Family Therapy Practice Act, codified as North Dakota Century Code chapter 43-53. This chapter requires the governor to appoint the board. The board, generally speaking, monitors the relationship and i…

Unless the context otherwise requires, the following terms have the meanings given: 1. "Accredited institutions or programs" means institutions or programs which hold accreditation or candidacy status from an accreditation organization recognized by the council for higher educati…

1. No person other than those individuals exempt in North Dakota Century Code section 43-53-03 shall engage in marriage and family therapy practice, advertise the performance of such services, or use a title or description denoting marriage and family therapist without obtaining …

Those qualified individuals of other licensed or certified professions or occupations who are performing services consistent with their training are exempt from licensure so long as they do not 3 represent themselves by a title denoting marriage and family therapist, such as marr…

The purpose of this section is to comply with North Dakota Century Code section 12-60-24 by establishing background checks for persons applying for license or renewal of license as a licensed marriage and family therapist under North Dakota Century Code chapter 43-53, except that…

1. The code of ethics applies to all licensees and applicants who practice marriage and family therapy and applies to their conduct during the period of education and training required for licensure. 2. The code of ethics constitutes the standards by which the professional conduc…

1. A licensee must regularly engage in continuing education related to the practice of marriage and family therapy as defined in this section. 2. Licensed marriage and family therapists must complete a minimum of thirty hours of continuing education every two years, of which six …

1. To be eligible for licensure, an applicant must meet the following requirements: a. Complete the education requirements in subsection 2 or 3 of North Dakota Century Code section 43-53-06. b. Complete the experience requirements in subsection 2 or 3 of North Dakota Century Code…

1. In determining whether an applicant holds a master's or doctoral degree that is equivalent to degrees described in North Dakota Century Code section 43-53-06, the board shall evaluate the applicant's transcripts, documentation from the educational institution that describes th…

1. The two years (full time, or up to forty-eight months part time) of supervised, postgraduate experience required by subsection 3 of North Dakota Century Code section 43-53-06 must meet the following: 2. In calculating two years of supervised postgraduate experience in marriage…

1. Supervisors are recognized by the board when subsection 1 or 2 is met by submitting an application which includes the following four documents: a. A graduate degree in marriage and family therapy or a graduate degree in a related mental health field, such as counseling and gui…

A supervisor must: 1. Be knowledgeable of the clinical skills required for effective delivery of marriage and family therapy services; 2. Be knowledgeable of the important literature in the field of marriage and family therapy and professional ethics, and the supervisor must be k…

The process of licensure by the board as a marriage and family therapist is divided into two separate parts, admission to written examination and admission to licensure. History: Effective July 1, 2010. General Authority: NDCC 28-32-02, 43-53-05 Law Implemented: NDCC 43-53-06, 43…

1. To be admitted to written examination, an applicant must submit to the board the following information: a. The applicant must submit a completed application for admission to written examination on a form provided by the board. The application must include an affirmation by the…

1. To be eligible for admission to licensure, an applicant must submit to the board the following information: a. The applicant must submit evidence of having passed the written part of the examination in subdivision c of subsection 3 of North Dakota Century Code section 43-53-06…

An applicant may file both the application for admission to written examination and the application for licensure at the same time if the experience requirements in subdivision b of subsection 3 of North Dakota Century Code section 43-53-06 have been met. History: Effective July …

1. Examination of an applicant for a license as a marriage and family therapist shall be composed of: a. A written, objective part designed and scored by a professional examination service approved by the Association of marriage and family therapy regulatory boards; and b. A stat…

1. The board shall issue a marriage and family therapist license to an applicant who holds a current license as a marriage and family therapist from another state or country if the board determines that the standards for licensure in effect when the individual was licensed in the…

1. Licenses issued by the board must be renewed biennially upon the payment of the renewal fee required in subsection 4, completion of a renewal application, and the attested reporting of continuing education requirements in section 111-02-01-06. Licensed associates renew on an a…

1. An original license is effective after: a. The board notifies the applicant in writing that the applicant has been approved for licensure; b. The applicant has paid the original license fee in subsection 4 of section 111-02-04-01; c. The board assigns a license number to the a…

1. A license that has expired under subsection 5 of section 111-02-04-01 may be reinstated if: a. No fact, circumstance, or condition exists which, if the license were reinstated, would justify its revocation or suspension; b. The former licensee verifies that the former licensee…

1. A license may be surrendered at any time upon written request by the licensee to the board, unless a complaint is pending against the licensee. If a complaint is pending against a licensee, a license may not be voluntarily surrendered until any indicated action relative to the…