North Dakota Administrative Code

A foreign practitioner shall not provide services in this state without obtaining a license from the board unless such services are provided pursuant to subsection 1 of North Dakota Century Code section 43-51-03, North Dakota Century Code section 43-51-04, or the successor statut…

A foreign practitioner offering land surveying services under North Dakota Century Code section 43-51-04 shall be limited to services comprising the determination of incidental topography within the meaning of subsection 4 of North Dakota Century Code section 43-19.1-02. History:…

Notwithstanding the provisions of North Dakota Century Code section 43-51-05 no foreign practitioner may provide services in this state without obtaining a license from the board unless allowed to do so by some other statute or an administrative rule adopted by the board. History…

Any individual who has been issued a certificate of registration, as a professional engineer or professional land surveyor, having discontinued active practice as an engineer or land surveyor, or both, may be eligible to apply for a retired status of registration. For the purpose…

Those persons wishing to obtain the status of a retired registration shall complete the board- approved renewal form. The board will not provide a refund of renewal fees if the application for retired status is made and granted before the date of expiration of the certificate of …

Retired registrants are exempt from continuing professional competency requirements. History: Effective October 1, 2004. General Authority: NDCC 43-19.1-08 Law Implemented: NDCC 43-19.1-27

A retired registrant is permitted to: 1. Retain the board-issued wall certificate of registration; 2. Use the title professional engineer or registered land surveyor, or professional land surveyor provided that it is supplemented by the term "retired", or the abbreviation "ret"; …

A retired registrant is not permitted to: 1. Perform any engineering or land surveying activity unless said activity is under the direct supervision of a North Dakota registered professional engineer or professional land surveyor who has a valid or active registration in the reco…

Under no circumstances shall a registrant be eligible for a retired registration if the person's certificate of registration has been revoked, surrendered, or in any way permanently terminated by the board. Registrants who are suspended from practice or who are subject to terms o…

Any violations of this chapter shall be considered misconduct or malpractice, or both. Such violations are subject to disciplinary action. History: Effective October 1, 2004. General Authority: NDCC 43-19.1-08 Law Implemented: NDCC 43-19.1-08 2…

property. Any registrant preparing a description, including without limitation a legal, property, or boundary description for, or assisting in the filing of, a document that will, or may, be used to convey or acquire real property or any interest therein, other than easements, in…

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…