North Dakota Administrative Code

When acting as the interpreter of building contract documents and the judge of contract performance, a registered architect shall render decisions impartially, favoring neither party to the contract. History: Effective February 1, 2005. General Authority: NDCC 43-03-08 Law Implem…

A registered architect or landscape architect, making public statements on architectural or landscape architectural questions, shall disclose when the person is being compensated for making such statements. History: Effective February 1, 2005. General Authority: NDCC 43-03-08 Law…

A registered architect or landscape architect shall accurately represent to a prospective or existing client or employer the person's qualifications and the scope of the person's responsibility in connection with work for which the person is claiming credit. History: Effective Fe…

If, in the course of work on a project, a registered architect or landscape architect becomes aware of a decision taken by the person's employer or client, against such registered architect's or landscape architect's advice, which violates applicable state or municipal building l…

A registered architect or landscape architect shall not deliberately make a materially false statement or fail deliberately to disclose a material fact requested in connection with the person's application for a registration or renewal thereof. 1 History: Effective February 1, 20…

A registered architect or landscape architect shall not assist the application for registration of an individual known by the registered architect or landscape architect to be unqualified in respect to education, experience, or character. History: Effective February 1, 2005; amen…

A registered architect or landscape architect possessing knowledge of a violation of the rules of professional conduct shall report such knowledge to the board. History: Effective February 1, 2005. General Authority: NDCC 43-03-08 Law Implemented: NDCC 43-03-08 2…

An architect or landscape architect shall not, in the conduct of the person's architectural or landscape architectural practice, knowingly violate any state or federal criminal law. History: Effective February 1, 2005. General Authority: NDCC 43-03-08 Law Implemented: NDCC 43-03-…

An architect or landscape architect shall neither offer nor make any payment or gift to an elected or appointed government official with the intent of influencing the official's judgment in connection with a prospective or existing project in which the architect or landscape arch…

An architect or landscape architect shall comply with the registration laws and regulations governing the person's professional practice in any United States jurisdiction. History: Effective February 1, 2005. General Authority: NDCC 43-03-08 Law Implemented: NDCC 43-03-08 1…

Each office maintained for the preparation of drawings, specifications, reports, or other professional work shall have an architect or landscape architect resident and regularly employed in that office having responsible control of such work. History: Effective February 1, 2005. …

An architect or landscape architect shall not sign or seal drawings, specifications, reports, or other professional work for which the person does not have responsible control; provided, however, that in the case of the portions of such professional work prepared by the architect…

An architect or landscape architect shall neither offer nor make any gifts, other than gifts of nominal value including, for example, reasonable entertainment and hospitality, with the intent of influencing the judgment of an existing or prospective client in connection with a pr…

An architect or landscape architect shall not engage in conduct involving fraud or wanton disregard of the rights of others. History: Effective February 1, 2005. General Authority: NDCC 43-03-08 Law Implemented: NDCC 43-03-08 1…

1. History. The attorney general is a constitutional officer whose duties are primarily legal in nature. The office is not, for most purposes, an administrative agency. However, the legislative assembly has determined that certain licensing functions should be under the administr…

All inquiries, requests for records, and correspondence is to be addressed to the office of the attorney general as follows: Office of the Attorney General 600 East Boulevard Avenue, Department 125 Bismarck, ND 58505-0040 History: Effective January 1, 2016. General Authority: NDC…

No retail license shall be issued to any person, nor shall any such previously issued license be renewed or retained unless the applicant files a sworn statement upon the application showing the following qualifications: 1. The applicant or manager must not have been found guilty…

1. If the applicant is a corporation, the applicant must provide its certificate number which was issued to it by the North Dakota secretary of state's office. 2. If the applicant is a corporation, the names and addresses of the corporate officers, directors, and stockholders mus…

False information which is submitted upon a sworn application constitutes grounds for denial of licensure or suspension or revocation of license. History: Effective September 1, 1983. General Authority: NDCC 5-02-09.1 Law Implemented: NDCC 5-02-02 2…

No alcoholic beverage licensee may sell a beer keg at retail without marking the keg with the following information: 1. The date of the sale. 2. The licensee's state alcoholic beverage retail license number and the number of the keg which has been sold that day, whether it is the…

A retail licensee selling beer in kegs shall fill out a keg registration form which is signed by the purchaser. The form must be in the following format: KEG REGISTRATION FORM VALID ID MUST BE SHOWN ______________________________________________________________________ Instructio…

All alcoholic beverages purchased by a North Dakota licensed retailer for the purpose of resale must be purchased only from a North Dakota licensed wholesaler. History: Effective February 1, 1990. General Authority: NDCC 5-02-09.1 Law Implemented: NDCC 5-02-01 1…

1. "Business office" means the office or location where the licensee can be contacted and where the financial transactions, bookkeeping, etc., for the business are carried on. 2. "Machines primarily designed for gambling" mean games or devices, other than games or devices designe…

The following games or devices are illegal and therefore prohibited in this state: 1. Games or devices which pay cash or give credits, tokens, or other items redeemable for cash. 2. Games or devices operated or displayed to the public in violation of this article. 3. Machines pri…

1. An application for an annual operator or location amusement game or device license must be submitted on a form or forms as prescribed by the attorney general. The applicant shall provide such information as may be required by the attorney general and is under a continuing duty…

1. The attorney general may revoke, suspend, or refuse to issue a license to an applicant if the applicant or licensee, or an agent or employee of the applicant or licensee: a. Has committed an offense determined by the attorney general to have a direct bearing on the applicant's…

1. An amusement game or device may reward the player with only merchandise limited to prizes, toys, or novelties. 2. The merchandise prize, toy, or novelty may not be repurchased for cash or for credits redeemable for cash. 3. Subject to subsection 3 of section 10-09-01-06, the m…

In addition to other requirements of law or this article, all amusement games or devices are subject to the following rules of play: 1. The cost to play the game or device does not exceed the sum of two dollars if a merchandise prize, toy, or novelty is awarded for play of the ga…

Any transient merchant required to be licensed pursuant to North Dakota Century Code chapter 51-04 is required to appoint a resident agent in this state pursuant to North Dakota Century Code section 51-04-07. History: Effective August 1, 1984. General Authority: NDCC 28-32-02 Law…

Agents appointed pursuant to North Dakota Century Code section 51-04-07 must be individual residents of this state, or corporations, partnerships, or other business entities with their principal offices or place of business located within this state. History: Effective August 1, …

Notwithstanding section 10-10-01-01, the following categories of transient merchants are not required to appoint a resident agent in this state: 1. Any transient merchant selling merchandise only in flea markets, craft fairs, fairs, carnivals, circuses, or similar activities regu…

1. In addition to the application requirements of North Dakota Century Code section 51-04-02, any transient merchant required to be licensed pursuant to North Dakota Century Code chapter 51-04, shall specify which, if any, of the merchandise offered for sale by the transient merc…

In addition to the application requirements of North Dakota Century Code section 51-04-02, any transient merchant required to be licensed pursuant to North Dakota Century Code chapter 51-04, shall obtain the required North Dakota sales tax permit, a copy of which shall be filed w…

As used in this article: 1. "Detection of deception examination" means the use of a polygraph on an individual for the purpose of deception detection. 2. "Intern" means a person being trained in the use of a polygraph and the interpretation of the results obtained for the purpose…

1. Upon receipt of a request for application, the attorney general's licensing division will prepare and furnish the applicants with a copy of North Dakota Century Code chapter 43-31 and the procedures and rules for licensing. 2. When an application for detection of deception exa…

Applicants shall pay a thirty-five dollar application fee. The fee is nonrefundable. History: Effective July 1, 1984; amended effective October 1, 2022. General Authority: NDCC 43-31-13 Law Implemented: NDCC 43-31-14

Repealed effective October 1, 2022.

Applicants who are licensed examiners under the laws of another state of the United States may be issued a license by the attorney general if: 1. The requirements pursuant to North Dakota Century Code section 43-31-07 are met. 2. The applicant provides to the attorney general a c…

Repealed effective October 1, 2022. 2

1. No person may be present during the detection of deception examination without the express consent of the examiner. 2. An examiner shall terminate a detection of deception examination in progress immediately upon request of the examinee. 3. No detection of deception examinatio…

An examiner shall create and maintain a record of every detection of deception examination administered. Records must be maintained for five years and must contain the following: 1. All polygraph charts (polygrams) on each examinee. 2. All written reports or memoranda of verbal r…

1. Every person who applies for an internship license shall, at the time of application, provide the attorney general with the name, address, qualifications, and state license number of the examiner who will be acting as the supervising examiner. The applicant also must pay the r…

1. An examiner may not advertise the examiner's services so as to deceive, or in any manner which tends to deceive, the public. 2. An examiner may not publish, directly or indirectly, or disseminate any fraudulent, false, or misleading statements as to the skill or method of prac…

The terms used throughout this chapter have the same meaning as in the North Dakota Century Code unless otherwise defined here: 1. "Agency" means the attorney general's office bureau of criminal investigation division. 2. "Applicant" means an individual who is applying for a conc…

1. An application for a class 1 or class 2 concealed weapons license must be on an original form approved by the director of the bureau of criminal investigation. Only a satisfactorily completed original application may be approved by the director. The application must include: a…

Applicants who are not residents of North Dakota may obtain a North Dakota concealed weapons license. To obtain a license, the nonresident shall comply with all requirements of North Dakota Century Code chapter 62.1-04 and these rules. History: Effective September 1, 1986; amende…

1. Applicants for a class 2 concealed weapons license shall successfully complete the written examination and submit an application for a concealed weapons license. 2. Applicants for a class 1 concealed weapons license shall attend classroom instruction on weapon safety rules and…