North Dakota Administrative Code

The terms herein shall have the meaning as provided in North Dakota Century Code chapters 39-01 and 39-16, with the latter chapter controlling in cases of conflict, except: 1. "Appropriate licensed addiction treatment program" means any hospital or facility for the treatment of a…

The director shall include, as a part of the application for an original operator's license or any renewal thereof or an instruction permit, questions as to the existence of medical or mental conditions which may impair the ability of the person to operate a motor vehicle safely.…

Repealed effective January 1, 2006. 2

Any licensee who suffers permanent loss of use of a hand, arm, foot, leg, or eye shall make a report thereof to the director before operating any motor vehicle on the highways in this state. Except as provided in North Dakota Century Code section 39-08-21, the driver of a commerc…

1. The privilege of holding a motor vehicle operator's license shall be denied to any person who has experienced convulsions, seizures, blackouts or fainting spells. The denial shall occur at the time of application, pursuant to North Dakota Century Code section 39-06-03, or thro…

Repealed effective January 1, 2006.

Repealed effective January 1, 2006.

Repealed effective January 1, 2006.

The director shall have good cause to believe that a person is inimical to public safety or welfare if that person has demonstrated a course of conduct in the operation of a motor vehicle through a conviction or convictions of traffic offenses or admissions and adjudications, evi…

The director may suspend a license or permit on the basis that a person is incompetent to drive a motor vehicle, if the director has determined any of the following: 1. A person is a habitual drunkard (section 37-03-02-01). 2. A person is a habitual user of narcotic drugs (sectio…

driving privileges. If the director has good cause to believe that a licensee is physically or mentally incompetent to safely operate a motor vehicle, or otherwise not qualified to be licensed, the director may upon written notice of at least five days require such licensee to su…

Repealed effective January 1, 2006.

Any person whose driving privileges were revoked shall be treated as a new driver. Such persons shall be required to contact an office of the designated agency or body administering driver's license tests and pass all examinations before a license will be issued. History: Effecti…

When the director has good cause to believe that a licensee has been convicted of a traffic offense or there has been an official determination that a traffic violation has been committed, the director shall enter the proper number of points on the driving record of the licensee …

If the licensee makes a written request for a hearing as specified in section 37-03-03-05, the director shall send a notice of hearing to the licensee specifying the time, date, and place for such hearing. The notice shall further specify that the matters considered at the hearin…

Repealed effective January 1, 2006.

Repealed effective January 1, 2006.

Hearings authorized under North Dakota Century Code section 39-20-05 shall be scheduled by the hearing officer assigned to the particular case, by sending notice to the licensee, or the licensee's counsel, if any. The date, time, and place of the hearing shall be established by t…

If the decision of an administrative hearing officer at the conclusion of a hearing is that a person's operator's license or privilege be revoked or suspended for refusing a blood-alcohol test or testing at least eight one-hundredths of one percent by weight of alcohol, the heari…

The notice required by North Dakota Century Code section 39-06.1-10 relating to alcohol addiction treatment will inform the person of the requirements for completing alcohol addiction treatment found in North Dakota Century Code section 39-06.1-10 and will require that the addict…

officer as agent. The temporary operator's permit issued by the law enforcement officer, containing a notice that motor vehicle operating privileges will be revoked or suspended and of an opportunity for a hearing, shall constitute the written notice required by North Dakota Cent…

The director may issue a restricted license to a person depending upon the facts and circumstances of each individual case as follows: 1. When written certification is received from an insurance carrier indicating that a policy or policies of insurance limiting a person to operat…

1. When authorized by North Dakota Century Code section 39-06.1-11, a temporary restricted operator's license may be issued by the director according to the criteria in this section. In reviewing the person's record for the nature, frequency, and severity of violations and convic…

or driver training school. When issuing a restricted driver's license or permit to a child who is at least fourteen years of age, in determining whether the child has completed a course of classroom instruction and course of behind-the-wheel instruction, or, in the alternative, h…

Repealed effective January 1, 2006.

Approved motorcycle training program. Repealed effective January 1, 2006.

The training program content must include the following basic objectives to be achieved by students in theory and practice riding sessions in motorcycle safety education. The objectives are identified in a potential instructional sequence and the groupings suggest possible instru…

Repealed effective January 1, 2006.

Repealed effective January 1, 2006.

If a driver makes a written request for a hearing as specified in North Dakota Century Code section 39-06-33, the director shall send a notice of hearing to the driver specifying the time, date, and place for such hearing. The date set for such hearing shall be within sixty days,…

Repealed effective January 1, 2006. 1

The director may issue a certificate of self-insurance for financial responsibility purposes to any applicant who meets the following qualifications: 1. Has more than twenty-five motor vehicles registered in the applicant's name; and 2. Has received a certificate of self-insuranc…

The definitions provided in North Dakota Century Code title 39 apply to this article, and: 1. "Hearing officer" means the person designated by the director to conduct the administrative hearing. 2. "Petitioner" means the party in interest requesting the administrative hearing und…

The procedures in this chapter apply to administrative hearings arising under North Dakota Century Code section 39-06-33, and North Dakota Administrative Code chapters 37-03-03 and 37-03-05. Any rule in chapter 37-03-03 or 37-03-05 pertaining to the administrative hearing process…

When not prohibited by statute or rule, an administrative appeal may be disposed of, in whole or in part, by stipulation, settlement, waiver of the hearing, default, or consent. 1 History: Effective March 1, 1992. General Authority: NDCC 39-06-33 Law Implemented: NDCC 39-06-33…

The director may designate a hearing officer to conduct the hearing. The director or the director's hearing officer has the authority to call and examine witnesses, to examine records and other evidence, and to administer oaths to witnesses. The director and the director's hearin…

Evidence will be admitted pursuant to the North Dakota Rules of Evidence. Such rules may be waived by the department, the director, or the director's hearing officers; however, only relevant evidence is admissible. The petitioner must be informed of the waiver prior to or at the …

All testimony at the hearing must be given under oath or affirmation. At the time of administering the oath or affirmation, the hearing officer shall advise the witness of the provisions of subsection 1 of North Dakota Century Code section 12.1-11-01 and of the maximum penalty fo…

The department may avail itself of competent and relevant information or evidence in its possession or furnished by members of its staff, or secured from any person in the course of an independent investigation conducted by it, in addition to the evidence presented at the hearing…

A record must be made of all evidence presented at the hearing. Oral testimony may be taken by a court stenographer or by an electronic recording device. All evidence presented at the hearing must be maintained by the department. A copy of the electronic recording of the hearing …

Within thirty days after the evidence has been received, briefs filed, and final statements made, the hearing officer must make recommended findings of fact, conclusions of law, and decision to the director. Within fifteen days after the receipt of the recommended findings of fac…

The petitioner, within fifteen days of the mailing of an adverse decision, may request reconsideration of the matter. The petition must specifically state the grounds for relief or a statement of any further showing to be made in the matter. The petition must state if a rehearing…

The petitioner may appeal the department's final decision as provided in North Dakota Century Code section 28-32-15, except the time for the appeal is based upon the notice given under North Dakota Century Code section 39-06-33, and section 37-03.1-01-09. History: Effective March…

The certified record must consist of: 1. A facsimile of the order giving rise to the hearing and a printout of the electronic data supporting the order. 2. The request for hearing. 3. Notices of all proceedings. 4. All prehearing notices and documents. 5. Any motions, briefs, pet…

The department will prepare and transmit the record on appeal to the district court as provided for in North Dakota Century Code section 28-32-17, without cost to the party filing the appeal. History: Effective March 1, 1992. General Authority: NDCC 39-06-33 Law Implemented: NDCC…

The terms herein shall have the same meaning as in North Dakota Century Code title 24, except: 1. "Back-slope" means that portion of the highway right of way commencing at the outer ditch bottom and angling to the top of the ditch section at the outer edge of the right of way. 2.…

Repealed effective October 1, 1988.

A person having a valid operator's license may operate a registered recreational vehicle upon the ditch bottoms, back-slopes, and the top of the back-slope on any state highway. History: Effective January 1, 1979; amended effective October 1, 1988. 1 General Authority: NDCC 39-24…

Repealed effective October 1, 1988.

A person may operate a recreational vehicle upon the shoulder, inslope, or roadway of a state highway only when an obstruction prevents the safe operation of the recreational vehicle upon the ditch bottom and the backslope. The operation on the shoulder, inslope, or roadway shall…