North Dakota Administrative Code

1. Except during stimulation, the storage operator shall ensure that injection pressure does not exceed ninety percent of the fracture pressure of the injection zone so as to ensure that the injection does not initiate new fractures or propagate existing fractures in the injectio…

The storage operator shall prepare, maintain, and comply with a testing and monitoring plan to verify that the geologic sequestration project is operating as permitted and is not endangering underground sources of drinking water. The requirement to maintain and implement a commis…

1. Prior to the well plugging, the storage operator shall flush each injection well with a buffer fluid, determine bottom hole reservoir pressure, and perform a final external mechanical integrity test. 2. The storage operator shall prepare, maintain, and comply with a plugging p…

1. In seeking a waiver of the requirement to inject below the lowermost underground sources of drinking water, the storage operator shall submit a supplemental report concurrent with the storage facility permit application. The supplemental report must: a. Demonstrate that the in…

revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. 7. The injection well permit or the permit to operate an injection well does not convey any property rights of any sort or any exclusi…

Upon agreement between the storage operator and the commission, the commission may modify a permit to make the corrections or allowances without the storage operator filing an application to amend a permit. Any permit modification not processed as a minor modification under this …

The storage operator shall implement the commission-approved emergency and remedial response plan and the worker safety plan proposed in section 43-05-01-05. This plan must include emergency response and security procedures. The plan, including revision of the list of contractors…

(1) Identify the potential for release to the atmosphere; (2) Identify potential degradation of ground water resources with particular emphasis on underground sources of drinking water; and (3) Identify potential migration of carbon dioxide into any mineral zone in the facility a…

The storage operator shall conduct a corrosion monitoring and prevention program approved by the commission. History: Effective April 1, 2010; amended effective April 1, 2013. General Authority: NDCC 28-32-02 Law Implemented: NDCC 38-22

Identification signs must be placed at each storage facility in a centralized location and at each well site. The signs must show the name of the operator, the facility name, and the emergency response number to contact the operator. History: Effective April 1, 2010. General Auth…

1. The storage operator shall pay the commission as follows: a. Carbon dioxide sources that contribute to the energy and agriculture production economy of North Dakota: (1) A fee of one cent on each ton of carbon dioxide injected for storage. The fee must be deposited in the carb…

1. The storage operator shall file with the commission all reports, submittals, notifications, and any other information that the commission requires. 2. The storage operator shall give notice to the commission as soon as possible of any planned physical alterations or additions …

1. The removal of injection equipment or the failure to operate an injection well for one year constitutes abandonment of the well. An abandoned well must be plugged in accordance with the plugging plan and its site must be reclaimed. 2. The commission may waive for one year the …

The storage operator shall submit and maintain the postinjection site care and facility closure plan as a part of the storage facility permit application to be approved by the commission. The requirement to maintain and implement a commission-approved plan is directly enforceable…

1. Upon application by an enhanced oil or gas recovery unit operator or a storage operator, the commission, after notice and hearing, shall issue an order determining the amount of injected carbon dioxide stored in a reservoir that has been or is being used for an enhanced oil or…

1. History and functions. Section 12 of article V of the Constitution of North Dakota provides for the office of insurance commissioner. North Dakota Century Code title 26.1 contains statutes pertaining to the commissioner and the department. Besides administering and regulating …

Unless otherwise defined, or made inappropriate by context, all words used in this chapter have meaning as given them under North Dakota Century Code chapter 26.1-26. "Department" means North Dakota insurance department. History: Effective September 1, 1983; amended effective Apr…

1. Resident insurance producers' applications. a. A complete application must be completed in accordance with the instruction sheet and submitted either electronically or with a paper filing on a commissioner-approved application form. b. An applicant licensed in another state wi…

1. An applicant must qualify for a line of authority by passing the examination as provided in this chapter. 2. The examination is administered under a contract with a testing service. 3. An applicant must present a photo identification card at the test center prior to being admi…

1. An applicant applying to conduct insurance in the following lines must pass the following examinations: a. Life and annuity Life and annuity b. Accident and health Accident and health c. Property Property d. Casualty Casualty e. Variable life and annuity Life and annuity 2. An…

1. An applicant who has filed a completed application for an insurance producer's license with the insurance department may first transact business under that license effective the date the applicant's application is approved by the insurance department. 2. An insurance producer …

On or before the last day of the month of the licensee’s birthday following the two-year anniversary of the issuance of a license by the commissioner and every two years thereafter, an individual insurance producer shall submit an application for license continuation. Application…

The license of an insurance producer who fails to complete the biennial continuation and pay the twenty-five dollar continuation fee will be canceled. 4 History: Effective April 1, 2010. General Authority: NDCC 26.1-26-49 Law Implemented: NDCC 26.1-26-13.4, 26.1-26-31…

1. The appointment or termination of an insurance producer must be filed with the department on either a form prescribed by the commissioner or electronically through the national association of insurance commissioners' subsidiary. The insurer shall pay an appointment fee for eac…

1. On or before December first of each year, a preliminary renewal list of the insurance producers appointed by that company, together with an instruction letter, will be furnished by the department to each company. 2. On or before March fifteenth of each year, an electronic rene…

Repealed effective December 1, 2001.

Repealed effective December 1, 2001. 5

In advance of rendering any service as a consultant, such consultant shall prepare a form of written agreement which shall substantially comply with the model form available on request from the insurance department. The form prepared by the consultant shall be submitted to the de…

Although licensed insurance producers or surplus lines insurance producers are exempt from licensing as consultants and are specifically prohibited from concurrently holding a consultant's license and a license as an insurance producer or surplus lines insurance producer in any l…

In addition to the requirements set forth in section 45-02-02-03, an applicant for a license to do business in the variable life and annuity line must first become licensed as a securities salesman under North Dakota law. History: Effective September 1, 1983; amended effective Oc…

1. An insurance producer may cancel one's North Dakota insurance license voluntarily and have a letter of clearance issued by filing a written request with the department. 2. The insurance producer must return the licenses to the department. 3. The insurance producer is responsib…

The change of address required by North Dakota Century Code section 26.1-26-33 must be provided to the department electronically or on a letter or form separate from the application or appointment forms and submitted solely for that purpose. History: Effective September 1, 1983; …

1. When presumed a violation. An insurance producer is presumed to have violated subsection 8 of North Dakota Century Code section 26.1-26-42 when the insurance producer knowingly solicits, procures, or sells a Medicare supplement policy containing both A and B coverage to any pe…

A licensed insurance producer or consultant may not solicit or accept a loan from an individual with whom the insurance producer or consultant came into contact in the course of the person's insurance business, or sold an insurance policy to, within the past ten years. This does …

An insurance producer who is personally liable and indebted to an insurance company for the payment of commissions, premiums, or other debts incurred in the insurance producer's insurance business with the company and who fails to timely pay that debt is financially irresponsible…

All proceedings, hearings, and appeals under this chapter and North Dakota Century Code chapter 26.1-26 are governed by North Dakota Century Code chapter 28-32. History: Effective October 1, 1984. General Authority: NDCC 26.1-26-49 Law Implemented: NDCC 26.1-01-08

licensee. Repealed effective December 1, 2001. 8

Unless otherwise defined or made inappropriate by context, all words used in this chapter have meaning as given them under North Dakota Century Code chapter 26.1-27. History: Effective September 1, 1983. General Authority: NDCC 26.1-01-08 Law Implemented: NDCC 26.1-27

All persons defined as administrators under the provisions of North Dakota Century Code chapter 26.1-27 must complete an application form and file it with the insurance department and must remit the required fee along with the application. History: Effective September 1, 1983; am…

The application must be signed by the applicant personally if an individual, a partner, if a partnership, an officer, if a corporation, association, or benefit society. History: Effective September 1, 1983. General Authority: NDCC 26.1-01-08 Law Implemented: NDCC 26.1-27

Repealed effective July 1, 2012.

The applicant/administrator is required to provide a current address to the department and notify the department of any change in that address within thirty days of such change. If such notification is not provided, the certificate of registration may be administratively terminat…

The administrator is required to remit the renewal fee on or before April thirtieth of each year in order to maintain the certificate of authority. If such fee is not received in the prescribed time, the certificate of authority may be administratively terminated. The department …

Repealed effective January 1, 2006.

All proceedings, hearings, and appeals under this chapter and North Dakota Century Code chapter 26.1-27 shall be governed by North Dakota Century Code chapter 28-32. History: Effective September 1, 1983. General Authority: NDCC 26.1-01-08 Law Implemented: NDCC 26.1-27 2…

Insurance continuing education courses must promote educational activities that advance one's professional expertise and keep the individual abreast with the insurance industry. Routine meetings, luncheons, and gatherings not advertised and developed as insurance continuing educa…

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Commissioner" means the insurance commissioner. 2. "Coordinator" means an individual who is responsible for monitoring insurance continuing education offerings and who serves as the liaison for …

1. Course requirements. The insurance continuing education course requirements include an educational presentation involving insurance fundamentals, policies, laws, risk management, or other courses which are offered in a process of instruction approved by the commissioner as exp…

The commissioner may deny, censure, suspend, or revoke the approval of a provider, coordinator, instructor, or course if it is determined not to be in compliance with the statute or rules governing the offering of insurance continuing education courses. The commissioner may also …

1. General requirement. Each course of study must have at least one coordinator, approved by the commissioner, who is responsible for supervising the program and assuring compliance with the statutes and rules governing the offering of insurance continuing education courses. 2. Q…