North Dakota Administrative Code

A person engaged in the business of insurance having knowledge or a reasonable belief that a fraudulent insurance act has been, is being, or will be committed shall provide information concerning the known or suspected fraudulent insurance act to the commissioner in writing withi…

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 26.1-33.4. History: Effective April 1, 2010. General Authority: NDCC 26.1-33.4-11 Law Implemented: NDCC 26.1-33.4-01

The fee to submit a provider application is two hundred fifty dollars. The fee to renew a provider license is one hundred dollars. The renewal fee is due on the anniversary date of issuance of the provider license. If the renewal fee is not paid on or before the anniversary date,…

The fee to submit a broker application is one hundred dollars. A life insurance producer deemed to meet the licensing requirements of North Dakota Century Code section 26.1-33.4-02 must pay an initial broker license fee of one hundred dollars. The fee to renew a broker license is…

An individual licensed as a broker must submit proof of completion of no less than fifteen hours of training related to life settlement and life settlement transactions. The proof must be submitted to the commissioner on or before the anniversary date of issuance of the broker li…

A provider shall prepare a buyer’s guide or similar consumer advisory package for delivery to owners during the solicitation process. The buyer’s guide or similar consumer advisory package must substantially comply with the commissioner’s model guide. History: Effective April 1, …

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 26.1-33.4. History: Effective April 1, 2010. General Authority: NDCC 26.1-33.4-11 Law Implemented: NDCC 26.1-33.4-01

1. This chapter applies to any advertisement of the business of life settlements intended for dissemination in this state and which advertisement is disseminated in any manner by or on behalf of a provider or broker required to be licensed under North Dakota Century Code section …

1. Advertisements must be accurate and truthful and not misleading in fact or by implication. The form and content of an advertisement of a life settlement contract shall be sufficiently complete and clear so as to avoid deception. It shall not have the capacity or tendency to mi…

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 26.1-26.6. History: Effective January 1, 2016. General Authority: NDCC 26.1-26.6-10 Law Implemented: NDCC 26.1-26.6-01

In order to comply with subsection 2 of North Dakota Century Code section 26.1-26.6-05 a bail bond agent shall check the status of all issued bail bonds at least once every seven days. History: Effective January 1, 2016. General Authority: NDCC 26.1-26.6-10 Law Implemented: NDCC …

It is the intent of this chapter to prescribe regulations consistent with nationally recognized good practice for the safeguarding of life and property from the hazards of fire and explosions. History: Effective January 1, 2024. General Authority: NDCC 18-01-04 Law Implemented: N…

1. This chapter supplements all laws defined within the North Dakota Century Code relating to fire safety and applies to all persons without restrictions, unless specifically exempted. 2. This chapter applies to existing conditions, as well as to conditions arising after the adop…

The following definitions shall be used when referred to in the content of this chapter: 1. "Authority having jurisdiction", "bureau of fire prevention", "chief", "chief of the fire department", "chief of the fire prevention bureau", "fire chief", "fire code official", "fire depa…

The fire prevention rules for this state include the following: Fire code. The State Fire Code includes: 1. The provisions of the State Building Code, effective January 1, 2023, providing for fire-safe construction and operation, as provided for in North Dakota Century Code secti…

The standards listed in section 45-18-01-04 are available from: 1. National Fire Protection Association Batterymarch Park Quincy, Massachusetts 02269 (617) 328-9290 2. International Code Council, Inc. 4051 West Flossmoor Road Country Club Hills, IL 60478-5795 (800) 214-4321 Histo…

1. History. The 1965 legislative assembly established the department of labor. The department is headed by a labor commissioner. The commissioner was originally elected on the no-party ballot for a term of four years, with the first election being held in 1966. Prior to this time…

As used in this title: 1. "Administrative" means an employee paid on a salary or fee basis and employed in a bona fide administrative capacity, but is not exclusive to any employee whose primary duty consists of: a. The performance of office or nonmanual work directly related to …

1. The North Dakota minimum wage is set forth in North Dakota Century Code section 34-06-22. The following are exempt from minimum wage and working conditions provided in this chapter: a. Employees of nonprofit camps that are directly youth-related and intended for educational pu…

1. A tip credit of thirty-three percent of the minimum wage may be allowed for tipped employees. The employer may consider tips as part of wages, but such a tip credit must not exceed thirty-three percent of the minimum wage. The employer who elects to use the tip credit provisio…

1. Any two individuals employed by the state or any political subdivision in any occupation may agree to substitute for one another during scheduled work hours in performance of work in the same capacity. The hours worked shall be excluded by the employer in the calculation of th…

1. Determining overtime from an hourly rate: Hourly rate x 1.5 = Overtime hourly rate of pay Overtime hourly Number of hours Amount of x = rate of pay worked in excess of 40 overtime due 2. Determining hourly rate and overtime from monthly salary: Monthly salary x 12 = Weekly sal…

When used in this chapter or in the North Dakota Human Rights Act: 1. "Act" means the North Dakota Human Rights Act, North Dakota Century Code chapter 14-02.4. 2. "Alternative dispute resolution" means the confidential and voluntary mediation process facilitated by the department…

1. An aggrieved person may utilize an intake questionnaire provided by the department to gain assistance from the department by contacting the department in person, by telephone, or in writing regarding alleged discriminatory practices. 2. The department shall promptly make a pre…

1. A complaint or charge of discrimination may be filed by any aggrieved person or the person's duly authorized representative. A complaint or charge of discrimination filed by a representative shall state that the representative is authorized to file the complaint. The departmen…

1. Time limitations for filing an action are as set forth in North Dakota Century Code section 14-02.4-19. In actions involving the department, a complaint, a charge of discrimination, and answer, or an election is deemed to be filed on the date it is received by the department, …

1. Notice to complainant or charging party. Within ten days of the filing of the complaint or charge of discrimination, the department shall provide notice to the complainant or charging party and such notice must include: a. The date the complaint or charge of discrimination was…

1. The respondents may file a signed written response within twenty days of the date a respondent receives notice of the complaint or charge of discrimination. 2. If the complaint or charge of discrimination is amended, the respondents may file an amended response in the same man…

1. In all cases involving allegations of discriminatory practices, the department, during the period beginning with the filing of a complaint or charge of discrimination and ending with the dismissal or the issuance of a determination of probable cause by the department, to the e…

1. Pursuant to North Dakota Century Code section 14-02.4-22, the department shall investigate allegations of discriminatory practices. 2. An investigation may include, subject to reasonable notice to the parties, onsite visits, interviews, fact-finding conferences, and the obtain…

1. In cases involving allegations of discriminatory employment practices, the department, during the period beginning with the issuance of a probable cause determination, to the extent feasible, shall engage in conciliation with the parties in an attempt to resolve the charge of …

The rules set forth contain the procedures established by the department for carrying out its responsibilities in the administration and enforcement of the Act. In the absence of a specific rule, in cases when a charge of discrimination is dual-filed with the department and the E…

The complainant, any aggrieved person, or the respondent may be accompanied, advised, and represented throughout the investigation or any administrative proceeding by any chosen representative, including private counsel, at the party's own expense. If the party chooses to be 7 re…

1. The provisions regarding familial status and age in North Dakota Century Code chapter 14-02.5 shall not apply to housing intended and operated for persons fifty-five years of age or older. 2. For purpose of this chapter, "housing facility or community" means any dwelling or gr…

1. In order for a housing facility or community to qualify as housing for older persons under North Dakota Century Code section 14-02.5-11, at least eighty percent of its occupied units must be occupied by at least one person fifty-five years of age or older. 2. For purposes of t…

age or older. 1. In order for a housing facility or community to qualify as housing designed for persons who are fifty-five years of age or older, it must publish and adhere to policies and procedures that demonstrate its intent to operate as housing for persons fifty-five years …

1. In order for a housing facility or community to qualify as housing for persons fifty-five years of age or older, it must be able to produce, in response to a complaint filed under this title, verification of compliance with section 46-05-01-02 through reliable surveys and affi…

1. A person shall not be held personally liable for monetary damages for discriminating on the basis of familial status, if the person acted with the good-faith belief that the housing facility or community qualified for an exemption under this chapter. 4 2. a. A person claiming …

The terms used throughout this title have the same meaning as in North Dakota Century Code chapter 36-01. Additionally: 1. "Certificate of veterinary inspection" means a legible official regulatory certificate on an official paper or electronic form that documents the health stat…

The board or state veterinarian may appoint agents to engage in animal health work on behalf of the board or state veterinarian. History: Effective July 1, 2016. General Authority: NDCC 36-01-08 Law Implemented: NDCC 36-01-10

All vouchers for services performed by agents of the board performing animal health work of any kind, must be submitted within thirty days following the end of the month services were performed. History: Effective July 1, 2016. General Authority: NDCC 36-01-08 Law Implemented: ND…

1. The board may waive any rule of the board for reasonable cause. 2. An individual petitioning to receive a waiver of any rule of the board must apply to the board, stating specifically why there is a compelling need to have a rule waived and showing that the grant of waiver wil…

The board authorizes the state veterinarian to quarantine: 1. Any domestic animal or nontraditional livestock that is infected, or may be infected, with contagious or infectious disease or which has been exposed, or may be exposed, to contagious or infectious diseases. 2. Any cit…

The board may require identification and designation of premises where exposed or infected animals are or have been located. Premises must be identified and designated by readily visible suitable placards as determined by the board. Placards may not be removed unless the removal …

Repealed effective July 1, 2024.

The board may require individual identification of exposed or infected animals prior to relocating or movement of that animal. The method and type of identification must be in a manner prescribed by the board or state veterinarian. History: Effective July 1, 2016. General Authori…

infected with or exposed to contagious or infectious disease. The provisions of North Dakota Century Code section 36-14-01 do not apply to animals infected with or suspected of being exposed to any contagious or infectious disease provided that: 1. The disease is not subject to q…

All persons, except licensed veterinarians practicing in the state, are prohibited from distributing or selling any products containing any live germs, cultures, or viruses for the treatment or vaccination of any domestic animals or nontraditional livestock without a written perm…

An applicant for a permit to sell or distribute virulent products shall: 1. Agree not to sell or distribute any of the following vaccines: a. Brucella vaccines. b. Pseudorabies vaccines. c. Rabies vaccines. d. Anthrax vaccines. e. Contagious ecthyma (live). f. Erysipelas (live cu…

Auction market means any licensed livestock market, public stockyard, and animal auction sale. Auction markets shall comply with this chapter. A producer on that producer's property, selling animals, other than farmed elk, owned by that producer is exempt from this chapter. Histo…