North Dakota Administrative Code

Students enrolled in and attending board-recognized education programs for a medical imaging and radiation therapy modality are exempt from the requirements of licensure by the board. Students only may perform medical imaging and radiation therapy procedures for the modality in w…

The applicant's licensing title must be on the certificate including all modalities in which the licensee holds current certification and registration. The board recognizes the following certification organizations and their credentials: 1. American registry for diagnostic medica…

The terms used in this title have the same meaning as in North Dakota Century Code chapter 43-62 and apply to title 114 unless the context indicates otherwise. 1. "Acts or omissions" means patterns of unsafe behavior, practice deficits, failure to comply with acceptable standards…

1. If an applicant for initial or renewal of licensure has been arrested, charged, or convicted of a misdemeanor or felony offense, an applicant shall provide the necessary information for the board to determine the bearing upon that person's ability to perform as a licensed medi…

Licensees, applicants, or citizens may use the following process to report any knowledge of acts or omissions by an individual that may violate North Dakota Century Code chapter 43-62 or this title: 1. Minor incident: 2 a. If the act or omission meets the criteria for management …

Complaints, requests for investigation, and reports of acts or omissions that are in violation of North Dakota Century Code chapter 43-62, or this title, must be investigated by the board or by its direction to determine whether sufficient grounds exist to file a complaint accord…

1. The board may require the individual subject to an investigation to submit to a mental health, chemical dependency, or physical evaluation if, during the course of the investigation, there is reasonable cause to believe that any licensee or applicant is unable to practice with…

1. Investigation may result in one of the following: a. Informal resolution and disposition by the board. b. Formal resolution and disposition by the board: (1) The board may use an administrative law judge to preside over the entire administrative proceeding and prepare recommen…

When it appears by credible evidence that a cease and desist order is necessary, the president of the board or the authorized designee, after consultation with the office of the attorney general, may issue an order directing a licensee, applicant, or any other individual practici…

The final decision must be adopted by a majority of a quorum of the board and must include findings of fact, conclusions of law, and an order. The decision of the board to impose or modify any restrictions upon the licensee or the licensee's practice or to reinstate a license mus…

1. An individual whose license has been suspended or revoked by the board may: a. Request a written application for relicensure in the manner and form required by the board at the conclusion of the time period specified in the order; b. Pay the nonrefundable reinstatement fee and…

1. An individual who performs medical imaging or radiation therapy without proper authorization by the board is practicing without a license. The board may issue a cease and desist order, obtain a court order or injunction, or seek civil or criminal action or fines to halt the un…

1. An applicant shall submit a set of fingerprints to the board or its agent for the purpose of obtaining a state and federal criminal history record check in the manner provided by North Dakota Century Code section 12-60-24 and as set forth by the board. 2. An authorization and …

1. A licensee is responsible and accountable to practice according to the standards of practice and code of ethics recognized by the board and the profession. a. It is not the setting or the position title that determines a practice role, but rather the application of knowledge. …

As used in this chapter, unless the context otherwise requires: 1. "Alleged violation" means a formal written allegation issued by a majority vote of the commission, which alleges a respondent engaged in an ethical violation. 2. "Anonymous complaint" means a complaint by an indiv…

1. The commission has authority to investigate a complaint against a lobbyist, public official, candidate for statewide public office, candidate for state legislative assembly, political committee, contributor, an elected or appointed official of the state's executive or legislat…

1. Any individual may submit information to the North Dakota ethics commission alleging a violation of article XIV of the Constitution of North Dakota, related North Dakota laws, and rules or regulations adopted by the commission. 2. A complaint must be summarily dismissed if the…

1. The respondent over whom the commission has jurisdiction must be informed of any complaint the commission receives. The executive director shall prepare the notice which must include the identity of the complainant who submitted the complaint unless the complaint was submitted…

1. Prior to any investigation of a complaint, the executive director shall afford the complainant and respondent the opportunity to informally negotiate or mediate a resolution of the complaint. The negotiation or mediation must be conducted by the executive director in an inform…

The executive director shall conduct the investigation of any complaint which is not summarily dismissed, informally resolved, or settled with the commission. With the approval of the commission, the executive director may refer the matter to an outside attorney or investigator i…

1. Upon completion of the investigation, the executive director shall prepare a preliminary report and recommendation to the commission to close the matter or issue an alleged violation. The commission may issue an alleged violation, require additional investigation, or close the…

1. The final report and recommendation and the record for the complaint must be provided to the respondent at least ten days prior to any special or regular commission meeting at which the commission conducts a hearing on the complaint in executive session. The respondent may sub…

The respondent may appeal a finding of the commission to the district court of the county where the respondent resides within thirty days after notice of the finding. History: Effective June 17, 2020; amended effective January 1, 2025. 6…

The commission and its investigators are not bound by the rules of evidence or procedure under North Dakota or federal law. Any oral or documentary evidence which is relevant to the complaint before the commission may be admitted and considered. Effect must be given to the rules …

1. If the period is stated in days or a longer unit of time: a. Exclude the day of the event that triggers the period; b. Count every day, including intermediate Saturdays, Sundays, and legal holidays; and c. Include the last day of the period. But if the last day is a Saturday, …

1. A goal of the commission is to avoid unnecessary delay and promote efficient and timely disposition of complaints. Deviation from these standards does not cause the dismissal of any complaint. A complaint may not remain open in excess of the guidelines set forth without prompt…

1. If the executive director or a commissioner determines a complainant may have filed a complaint to harass or impugn the reputation of the respondent or has otherwise filed a complaint in bad faith, the executive director shall notify the commission. 7 2. The commission may ord…

1. "Immediate family" means a parent; sibling; child by blood, adoption, or marriage; spouse; grandparent; or grandchild. 2. "Gift" means any item, service, or thing of value not given in exchange for fair market consideration, including gifts of travel or recreation. 3. "Informa…

1. A lobbyist may not knowingly give, offer, solicit, initiate, or facilitate a gift to a public official in conjunction with any effort by the lobbyist to lobby the public official. A public official may not knowingly accept a gift from a lobbyist offered in conjunction with the…

This rule does not preclude or apply to the following: 2 1. A gift by a lobbyist who is a member of the public official's immediate family. 2. Any item given where the public official is paying fair market value for the item. 3. Purely informational material. 4. A campaign contri…

1. Prior to a public or private social and educational event, the sponsor shall file notice with the ethics commission providing details regarding the planned event. Notice does not constitute approval of the event by the ethics commission. If the sponsor is concerned with compli…

1. "Disqualifying conflict of interest" means one of the following: a. A potential conflict of Interest disclosed pursuant to this rule which the public official has determined requires recusal and abstention from further action in the matter; or b. A potential conflict of Intere…

1. Subject to the requirements of section 115-04-01-05, this section shall only apply if an agency, board, or commission does not have a current conflicts of interest statute or rule. In any assessment of a possible conflict of interest the matter will be reported to the ethics c…

action. 1. Subject to section 115-04-01-05, this section shall only apply if an agency, board, or commission does not have a current conflict of interest statute or rule. In any assessment of a possible conflict of interest the matter will be reported to the ethics commission in …

1. Disclosure required under these rules shall be made using the form approved by the ethics commission and available on the ethics commission website. The form will allow public officials and directors, officers, commissioners, heads, or other executives of agencies to input inf…

Any agency, office, commission, board, or entity subject to these rules may adopt conflict of interest rules that are more restrictive than these rules but may not adopt conflict of interest rules that are less restrictive. History: Effective October 19, 2022. 4…

Subsection 5 of section 2 of article XIV of the Constitution of North Dakota establishes a requirement that public officials who are directors, officers, commissioners, heads, or other executives of agencies avoid the appearance of bias in any quasi-judicial proceeding. This sect…

1. "Appearance of bias to a reasonable person" means that the interest in question would create in reasonable minds a perception that the director, officer, commissioner, head, or other executive's ability to carry out quasi-judicial responsibilities impartially and without bias …

When a matter comes before a director, officer, commissioner, head, or other executive as part of a quasi-judicial proceeding, the director, officer, commissioner, head, or other executive must disclose any potential conflict of interest and campaign monetary or in-kind support. …

1. As provided in subsection 6 of section 115-04-01-02, the director, officer, commissioner, head, or other executive shall voluntarily recuse themself from any further involvement in a quasi- judicial proceeding where the potential conflict of interest or campaign monetary in-ki…

In quasi-judicial proceedings in which a director, officer, commissioner, head, or other executive recuses themselves from further involvement in the proceeding, the department, agency, board, commission, or other public entity involved in the quasi-judicial proceeding shall dete…

1. Disclosure required under these rules shall be made using the form approved by the ethics commission and available on the ethics commission website. The form will allow directors, officers, commissioners, heads, or other executives of agencies to input information and attach r…