North Dakota Administrative Code

The board may take disciplinary action against a licensed genetic counselor under North Dakota Century Code chapter 43-17.1 on the grounds set forth by North Dakota Century Code 43-60-07, by any one or more of the following means, as the board may find appropriate: 1. Revocation …

In an order or decision issued by the board to resolve a disciplinary proceeding in which disciplinary action is imposed against a genetic counselor, the board may direct any genetic counselor to pay the board a sum not to exceed the reasonable and actual costs, including reasona…

If the board determines that an applicant does not meet the requirements for licensure, the board promptly shall notify the applicant, personally or by certified mail, that the board has made an informal decision to deny the application or to place conditions or limitations on th…

An applicant is permitted a maximum of three attempts to pass the certification examination. Upon review of an individual applicant, the board may allow an exception to this rule if it finds that it is in the best interest of the state and the applicant shows a documented disabil…

1. History and purpose. The 1967 legislative assembly passed milk stabilization legislation which is codified as North Dakota Century Code chapter 4.1-26. This chapter requires the governor to appoint a milk marketing board. The purpose of the chapter is to protect and promote th…

Any person may appear in any proceeding before the board who has a bona fide interest in the subject matter of the proceeding. Attorneys at law who are admitted to practice before the courts of the state of North Dakota may represent any participant in a proceeding. Any member of…

1. Filing. All pleadings and documents in proceedings before the board shall be filed with the executive secretary. 2. Docket number and title. Each matter coming formally before the board shall be given a docket number and a title descriptive of the subject matter. The number an…

1. Complaint. The notice of hearing and complaint in an adjudicatory matter shall be served on all parties to the proceeding either personally or by certified mail, as the board may direct. Such service may be waived in writing by the respondent. 2. Decision of the board. The fin…

In computing any period of time prescribed or allowed by this chapter, by order of the board, by the local rules of any district court, by the North Dakota Rules of Civil Procedure, or by any applicable statute, the day of the act, event, or default from which the designated peri…

Repealed effective June 1, 1990.

1. Refusal of a license application. If an application for a license is not granted within thirty days after it has been filed with the board, the board shall notify the applicant of the date on which a hearing will be held for the purpose of receiving evidence relative to the el…

Every party to a proceeding, and the board, shall be given a reasonable time within which to prepare for a hearing. The board, upon good cause shown, may extend the time for hearing or grant such continuances as it deems appropriate to permit additional time for trial preparation…

When evidence is to be taken in any proceeding, either the board, any member thereof, or a hearing officer, when duly designated for that purpose, may preside at the hearing. A hearing officer duly designated by the board to preside at a hearing shall have the authority, within t…

Subpoenas for the attendance of witnesses or for the production of documentary evidence, unless directed by the board upon its own motion, will issue only upon application in writing to the board, its executive secretary, or a hearing officer. The written application shall specif…

The deposition of a witness or party in any proceeding before the board may be taken in the same manner and on the same notice as in a civil action pending in the district court. Interrogatories may be sent to any witness or party in a proceeding in the same manner and on the sam…

1. Admissibility of evidence. The admissibility of evidence at a public hearing shall be determined generally in accordance with the practice in the district courts in this state. However, the board or a hearing officer may waive the usual common law or statutory rules of evidenc…

A hearing officer may, either on the hearing officer's own motion or at the request of any party, allow and fix a time for the presentation of oral argument imposing such limits of time on the argument as the hearing officer deems appropriate. Such argument shall be transcribed a…

A record will be made of all proceedings before the board and shall be filed in the office of the executive secretary. A transcript of such evidence will be furnished to any party interested in the proceedings upon written request, and on payment of a reasonable fee as establishe…

The board reserves the right to call for briefs in its discretion and to designate the time within which briefs shall be filed. All briefs must be filed with the executive secretary of the board within the time limits fixed by the board and briefs tendered after expiration of the…

In all matters where a public hearing has been held and persons interested have been afforded an opportunity to make an appearance and present evidence, the board may exclude such persons from participating during deliberations regarding the subject matter of such public hearing …

In order to provide an opportunity for a settlement of a proceeding in an adjudicatory matter, or any of the issues therein, there may be held at any time prior to or during hearings before the board or a hearing officer such informal conference of parties for the admission and c…

Within thirty days after the evidence has been received, briefs filed, and arguments closed in an adjudicatory proceeding before the board, or as soon thereafter as possible, the board shall make and state concisely and explicitly its findings of fact, and its separate conclusion…

A petition for rehearing of an adjudicatory proceeding must be filed within fifteen days after a copy of the decision of the board has been served. Such petition shall state concisely the alleged errors in the board's decision and the specific grounds relied upon by the petitione…

Any party to any adjudicatory proceeding heard by the board may appeal from a decision within thirty days after notice has been given in the manner prescribed in North Dakota Century Code section 28-32-15. General Authority: NDCC 28-32-15 Law Implemented: NDCC 4.1-26-35

If any portion of this chapter is held invalid or unconstitutional, the holding shall not affect the validity of the chapter as a whole, or of any part thereof which can be given effect without the part held to be unconstitutional or invalid. 7 General Authority: NDCC 4.1-26-35 L…

As used in this chapter, unless the context otherwise requires: 1. "Base deliveries" means the actual amount of milk delivered by a group of base or quota holding dairy farmers which is equal to the bases specified or the actual deliveries, whichever is less. 2. "Base or quota" m…

Any license issued by the North Dakota milk stabilization board is the property of the person in whose name the license is issued and is not transferable. General Authority: NDCC 4.1-26, 4.1-26-28 Law Implemented: NDCC 4.1-26-28

It shall be the duty of every processor selling to a distributor to notify the board of the identity and address of such distributor. As an aid to the efficient collection of assessments, each processor shall be responsible for the payment of assessments due on milk sold to distr…

Deductions of any kind from payments due dairy farmers may be made only upon written authorization from dairy farmers, or, in the case of cooperatives, upon formal resolution of the directors at a regular business meeting. A copy of such authorization or resolution shall be retai…

Processors, distributors, import distributors, and jobbers delivering to wholesale stops or customers must leave at such wholesale stop or customer an invoice of the sales of fluid milk for each day's delivery, itemized as to number of each separate form or use of milk product so…

All tests approved by the dairy division of the North Dakota department of agriculture shall be considered by the board as official tests for the purpose of administration of North Dakota Century Code chapter 4.1-26. General Authority: NDCC 4.1-26, 4.1-26-28 Law Implemented: NDCC…

When dairy farmer payments are based upon butterfat tests from composite samples, a portion of each composite sample must be retained until the succeeding composite sample is tested. General Authority: NDCC 4.1-26, 4.1-26-28 Law Implemented: NDCC 4.1-26-28

Each processor must maintain a record of butterfat tests made of each dairy farmer's milk or cream, covering each pay period, such record to be kept on file for three years and be made available to any authorized agent of the board upon request. General Authority: NDCC 4.1-26, 4.…

Processors purchasing milk from dairy farmers shall render to each dairy farmer not later than the fifteenth day of each month, statements containing each of the following items: 1. Name and address of processor issuing the statement. 3 2. Date of statement. 3. Period for which s…

On or before the twentieth day of each month in the detail and on forms supplied by the board, each processor shall submit to the board a report of the following receipts, uses, sales, and transactions for the preceding month: 1. The quantities of milk, butterfat, and skim milk r…

On or before the twentieth day of each month each processor shall submit to the board a duplicate copy of the processor's individual statements to dairy farmers with all of the information required in section 51-02-01-09. General Authority: NDCC 4.1-26, 4.1-26-28 Law Implemented:…

chapter 4.1-26. 1. Each processor whose place of business is outside North Dakota, but who comes under the jurisdiction of North Dakota Century Code chapter 4.1-26, and of this chapter by virtue of the processor's distributing milk within North Dakota, or by supplying a distribut…

1. Each distributor or jobber who receives or purchases milk in packaged form, and who does not receive or purchase milk from dairy farmers, must file with the board, (unless the distributor's or jobber's supplying processor reports for the distributor or jobber) on forms supplie…

On July first of each year all processors, distributors, jobbers, and dairy farmer-processors selling milk products and frozen dairy products to wholesale accounts in North Dakota shall furnish the board a list of their wholesale accounts for the purpose of determining that retai…

Dairy farmers shall be paid twice a month as follows: A payment or advance that approximately covers the value of the milk or cream purchased during the first two weeks of the processor's monthly pay period, less one half of the approximate monthly deductions herein sanctioned, m…

1. The board shall cause periodic audits of the books and records of the processors to be made to verify the utilization of all milk reported pursuant to section 51-02-01-10, and thereby establish payment or nonpayment of minimum dairy farmer prices fixed by official orders of th…

A processor and the processor's dairy farmers may establish a system of level or uniform milk production, or base, in accordance with the fluid milk requirements of the processor, which provides for and assures in its terms and conditions priority to fluid milk requirements and t…

Each dairy farmer whose milk is pooled with milk from other sources supplying a nonbase or nonquota processor shall be credited with a pro rata share of the milk allocated to that processor's Class I usage. Each dairy farmer whose milk is pooled with the milk from other sources s…

For the purpose of dairy farmer pricing, no processor will be permitted to allocate milk purchased from sources other than the processor's regular dairy farmers, including milk purchased from the processor's own farm to a higher use classification than the use classification allo…

For the purpose of dairy farmer pricing, no processor shall allocate other source milk to an ultimate use classification which is higher than the ultimate use classification allocated to grade A milk. General Authority: NDCC 4.1-26, 4.1-26-28 Law Implemented: NDCC 4.1-26-28

Inferior quality or noncompliance with regulations of state health or sanitation agencies shall be reasons for the rejecting of dairy farmer milk. In all cases the milk shall be rejected at the farm and before commingling. The reasons for rejecting or down grading shall be given …

If any portion of this chapter is held invalid or unconstitutional, such holding shall not affect the validity of the chapter as a whole, or of any part thereof which can be given effect without the part so held to be unconstitutional or invalid. General Authority: NDCC 4.1-26, 4…