North Dakota Administrative Code

In order to establish and maintain a high standard of integrity, skills, and practice in the profession of engineering and land surveying, the code of ethics contained in this chapter is binding upon every person holding a certificate of registration as a professional engineer or…

A registrant who acts, either as an individual or through a business entity, may be deemed by the board to be guilty of misconduct in professional practice for an action that in this state would constitute a violation of North Dakota Century Code chapter 43-19.1, or of this title…

Registrants shall be guided in all their professional relations by the highest standards of integrity. The registrant will act in professional matters as a faithful agent or trustee for each client or employer. 1. Registrants shall admit and accept their own errors when proven wr…

Registrants shall be cognizant that their first and foremost responsibility is to the public welfare in the performance of services to clients and employers. The registrant: 1. Will regard one's duty to the public welfare as paramount. 2. Will not complete, sign, or seal plans or…

Registrants shall not falsify or permit misrepresentation of their, or their associates', academic or professional qualifications. They shall not misrepresent or exaggerate their degree of responsibility in or for the subject matter of prior assignments. Brochures or other presen…

Repealed effective October 1, 2010.

Registrants shall express a professional opinion publicly only when it is founded upon an adequate knowledge of the facts and a competent evaluation of the subject matter. 1. Registrants shall not willfully engage in any conduct or practice that deceives the public. 2. Registrant…

The registrant will undertake assignments for which the registrant will be responsible only when qualified by education or experience. The registrant will engage, or advise engaging, experts and specialists whenever the client's or employer's interests are best served by such ser…

Registrants may not disclose, or use for the purpose not related to their employment, or retain other than in connection with their employment, confidential information concerning the business affairs or technical processes of any present or former client or employer without the …

Registrants shall make full prior disclosures to their employers or clients of all known or potential conflicts of interest that could influence or appear to influence their judgment or the quality of their services to either their employer or their clients. 1. If the employer or…

The registrant will not accept compensation, financial or otherwise, from more than one interested party for the same service. The registrant: 1. Will not accept financial or other considerations, including free engineering designs or land surveying plans, from material or equipm…

A registrant shall seek and engage in only the professional work or employment the professional is competent and qualified to perform by reason of education, training, or experience. 1. A registrant shall not falsify or misrepresent the extent of the registrant's education, train…

. A registrant who has knowledge or reasonable grounds for believing that another registrant has violated any statute or rule regulating the practice of the profession shall have the duty of presenting such information to the board. 1. A registrant possessing knowledge of a viola…

The registrant shall not knowingly associate professionally with or allow the use of one's name with persons not legally qualified to render the professional services for which the association is intended. 1. Registrants in private practice shall not review the work of another re…

1. Whenever possible, the registrant will name the person or persons who may be individually responsible for designs, inventions, writings, or other accomplishments. 2. Designs supplied by a client remain the property of the client and should not be duplicated by the registrant f…

Repealed effective October 1, 2010.

1. Registrants shall indicate any reservation on a reference for an applicant if they have reason to believe the applicant is unqualified by education, training, or experience to become licensed. The registrant's opinion shall be based on the qualifications a reasonable and prude…

Sections 28-03.1-01-01 through 28-03.1-01-17 of this code of ethics are requirements of professional conduct and noncompliance with any of those sections is subject to disciplinary action. To enhance the professions of engineering and land surveying, the board also encourages, bu…

The purpose of mandatory continuing education is to reinforce the need for lifelong learning in order to stay current with everchanging technology, equipment, procedures, processes, tools, and established standards. Qualifying activities must have a clear purpose and objective th…

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter 43-19.1 and North Dakota Administrative Code section 28-01-02.1-07. Additional terms are: 1. "Active participation" means making a regular, substantial contribution to an organiza…

All individual registrants must acquire thirty professional development hours every two years before renewing their license. 1. At least twenty professional development hours must be in technical subjects that directly safeguard the public's health, safety, and welfare, including…

Recordkeeping is the responsibility of the registrant. Adequate records must be maintained for a minimum of four years from the date of last biennial renewal for auditing purposes. Records may be maintained on an automated platform that allows the data to be exported to a commonl…

The board does not preapprove courses, providers, or activities. It is the responsibility of the registrant to determine whether the activity qualifies under this board's requirements. During the audit process, the board will make the final determination of professional developme…

Audits can be conducted anytime up to three years after the biennial renewal is submitted to ensure compliance with continuing education requirements. If selected for audit, the registrant will be contacted to provide necessary documentation. Each registrant selected for audit mu…

A registrant may be exempt from the continuing education requirements for one of the following reasons: 1. A registrant serving on temporary active duty in the armed forces of the United States, or a registrant serving on regular active duty who is deployed for a period of time e…

1. Organization of department. a. History. The first game and fish laws were established in Dakota Territory in 1861 but it was not until 1893 when the superintendent of irrigation and forestry was designated as game commissioner that a game and fish department was formed. In 190…

Except as herein provided, no person shall use an aircraft to hunt or harass any wildlife, or to knowingly participate in hunting or harassing any wildlife with an aircraft. General Authority: NDCC 20.1-02-05(15) Law Implemented: NDCC 20.1-01-11

A permit to use an aircraft in the hunting of predatory animals may be issued to any person who complies with this chapter, upon determination by the director of the game and fish department that such a permit is necessary for the protection of livestock, domesticated animals, wi…

The permit shall only be valid for taking a specified number and species from a specified permit area, for a specified period of time. History: Amended effective October 1, 1991. General Authority: NDCC 20.1-02-05(15) Law Implemented: NDCC 20.1-02-05(15) 1…

The application for a permit shall be made on forms prescribed and provided by the game and fish department, and shall include a petition containing the signatures of all the landowners or operators within the proposed permit area, giving a legal description of the land involved,…

The applicant shall obtain a low-flying waiver from the North Dakota aeronautics commission and the federal aviation administration prior to making application for an aircraft hunting permit. The permit shall only be valid when used in conjunction and in compliance with a valid l…

The permittee shall, within one week of the end of the term of the permit, file a complete report that includes information deemed necessary by the director. Failure to so report shall make the permittee ineligible to receive another permit for one year. History: Amended effectiv…

The days and months of hunting will be determined by the director and included in the permit. History: Amended effective October 1, 1991. General Authority: NDCC 20.1-02-05(15) Law Implemented: NDCC 20.1-02-05(15) 2

For purposes of this chapter: 1. "Department" means the North Dakota game and fish department. 2. "Eyas raptors" means young raptors not capable of flight or a term for a young bird from time of its hatching until its normal departure from the nest. Also referred to as a nestling…

1. A valid North Dakota falconry license is required before any resident may take, possess, sell, barter, or transport a raptor for falconry purposes or practice falconry in North Dakota. 2. A nonresident must have a valid falconry license issued by the state or country in which …

An applicant who wishes to take, possess, sell, barter, or transport a raptor for falconry purposes, or practice falconry as a resident of North Dakota must submit an application for a falconry license to the department. 1. Application forms must be obtained from the department a…

In addition to the general conditions, every license issued shall be subject to the following special conditions: 1. A licensee may not purchase, sell, trade, barter, or receive any compensation for wild raptors. Wild raptors may only be gifted. 2. A licensee may purchase, sell, …

1. Apprentice class. a. An individual must be at least fourteen years of age to be licensed. If under eighteen years of age, a parent or legal guardian must also sign the application and is responsible for the licensee's activities. b. Before applying for an apprentice class lice…

1. Before a North Dakota apprentice falconry license is issued, the applicant shall be required to answer correctly at least eighty percent of the questions on a supervised examination provided or approved by the service and administered by the department at the Bismarck office, …

1. Before a falconry license is issued, the applicant's raptor housing facilities and falconry equipment shall be inspected by a representative of the department and must meet the standards in this section. This requirement does not apply to license renewals under section 30-02-0…

Repealed effective January 1, 2013.

1. Any wild northern goshawk (accipiter gentilis), Harris's hawk (parabuteo unicinctus), peregrine falcon (falco peregrinus), or gyrfalcon (falco rusticolus) possessed for falconry purposes must 7 be banded only with a permanent, nonreusable, numbered service leg band that the de…

1. Any licensee interested in obtaining a raptor for falconry purposes must submit a written request to the department indicating the species intended to be taken. The licensee must obtain a permit from the department prior to actual taking, regardless of potential means or sourc…

1. Licensees must comply with state board of animal health regulations before importing any raptor, including hybrids, nonindigenous, captive-bred, or wild raptor from another state, territory, or country into North Dakota. 2. The licensee shall provide a copy of all documents, p…

1. An individual who possesses a lawfully acquired raptor equal to or less than the number and species allowed under current rules and prior to the enactment of these regulations and meets all previous license requirements shall be allowed to retain the raptors but must comply wi…

1. Hybrids of any kind, nonindigenous birds, imprinted wild raptors, and captive-bred birds may not be intentionally released to the wild at any time. Any release not reported within twenty-four hours will be deemed intentional. 2. Only wild raptors trapped in North Dakota may be…

1. Another falconry licensee may care for a raptor or raptors at either licensee's facilities for up to one hundred twenty consecutive calendar days. The licensee providing care must have a signed and dated statement authorizing the temporary possession, plus a copy of United Sta…

The department will periodically require surveys detailing hunting activity for the year or any other falconry-related information requested by the department. Any person who violates this section is guilty of a noncriminal offense and shall pay a one hundred dollar fee. History:…

Repealed effective January 1, 2013.

1. It is unlawful to hunt protected wildlife species except when properly licensed for the species being hunted and during an open season and as described by the governor's proclamation. Any licensee whose falconry raptor kills harmless wild birds or game birds as allowed by the …