North Dakota Administrative Code

If a concealed weapons license is lost or destroyed, the licenseholder may obtain a replacement license. In order to obtain a replacement license, the licenseholder shall send a letter to the director of the bureau of criminal investigation indicating the licenseholder's name, ad…

The director of the bureau of criminal investigation may deny, revoke, or cancel a concealed weapons license for the following reasons: 1. The applicant or licenseholder is prohibited from owning, possessing, or having a firearm under North Dakota Century Code section 62.1-02-01 …

A concealed weapons license may be renewed if a current licenseholder is eligible for a concealed weapons license and completes a renewal application subject to the following conditions: 1. No additional testing is required for timely renewal of a class 2 license. 2. A class 1 li…

1. A concealed weapons licenseholder shall notify the director of the bureau of criminal investigation of a change of address. The notification must be in writing, must be postmarked within thirty days of the change of address, and must include the licenseholder's name, former ad…

1. An individual who is aggrieved by the decision of the director to deny an application for a license or a renewal of a license, or to suspend or cancel a license, may petition for reconsideration and rehearing under North Dakota Century Code section 28-32-40. 2. An individual w…

The attorney general may enter into reciprocity agreements with other states to recognize another state's concealed weapons license if a reciprocity agreement is required by the other state in order to recognize North Dakota's concealed weapons license. History: Effective Septemb…

1. The attorney general may certify test administrators to conduct classroom instruction, administer the written examination, and, if applicable, have the applicant demonstrate familiarity with a weapon, and conduct the shooting and proficiency examination. 2. In order to become …

1. The director shall prescribe and provide the required training program for renewal of test administrator certification, including classroom and firearm instruction. Successful completion of the renewal training program requires a passing score on a written examination and a sh…

1. A certified test administrator may only conduct the training and testing procedures according to the requirements established by the director. The instructor may determine the frequency and class size of training and testing sessions. 2. A certified test administrator shall su…

The director may deny, revoke, or cancel test administrator certification. Grounds for denial, revocation, or cancellation include: 1. The test administrator is prohibited from owning, possessing, or having a firearm under North Dakota Century Code section 62.1-02-01 or under fed…

application. 1. Fingerprints for a concealed weapons license may be taken by: a. A test administrator who has been authorized by the agency; or b. Law enforcement personnel who have been trained to take fingerprints. 2. Photographs of the applicant must adhere to the following cr…

Criminal justice agencies required by law to report criminal history record information to the bureau shall adhere to procedures and use electronic or paper formats prescribed by the bureau. History: Effective November 1, 1987; amended effective January 1, 2016. General Authority…

Arresting agencies may not report criminal history information directly to the federal bureau of investigation. Only the bureau may submit criminal history record information directly to the federal bureau of investigation. History: Effective November 1, 1987; amended effective J…

Criminal justice agencies shall submit biometric data to the bureau in the electronic or paper format prescribed by the bureau for each reportable event. History: Effective November 1, 1987; amended effective January 1, 2016. General Authority: NDCC 12-60-16.3 Law Implemented: ND…

Repealed effective January 1, 2016. 2

The bureau shall establish procedures and electronic or paper formats for collecting criminal history record information from criminal justice agencies, including methods to facilitate the collection of prosecution or disposition information or reportable events relating to initi…

Criminal history record information may be maintained in manual files or in electronic criminal history files. History: Effective November 1, 1987; amended effective January 1, 2016. General Authority: NDCC 12-60-16.3 Law Implemented: NDCC 12-60-16.3

Local criminal justice agencies may compile and maintain criminal history records, as defined by North Dakota Century Code section 12-60-16.1, based on information generated within and by actions of an agency, or agencies in the case of joint or shared record systems. History: Ef…

Criminal history records maintained by local criminal justice agencies are subject to the requirements of North Dakota Century Code chapter 12-60 and this article and may be audited by the bureau for compliance. History: Effective November 1, 1987; amended effective January 1, 20…

Criminal history record information exchanged between criminal justice agencies for criminal justice purposes may not be used or disseminated for purposes other than those for which it was originally obtained. History: Effective November 1, 1987. General Authority: NDCC 12-60-16.…

Criminal justice agencies shall maintain a transaction log of requests received for criminal history record information and their response to those requests for a minimum of three years. The log must include: 1. Name of record subject. 2. Requesting agency. 3. Officer name or uni…

Criminal justice agencies shall release criminal history record information to the department of defense, department of state, department of transportation, office of personnel management, central intelligence agency, and federal bureau of investigation as required under federal …

Criminal justice agencies receiving requests for criminal history record information from noncriminal justice sources shall refer those requests to the bureau. Only the bureau may disseminate criminal history record information for noncriminal justice purposes. History: Effective…

The bureau shall provide forms and establish and publish procedures for noncriminal justice entities to acquire criminal history record information. History: Effective November 1, 1987; amended effective January 1, 2016. General Authority: NDCC 12-60-16.3 Law Implemented: NDCC 12…

Requests from noncriminal justice agencies for criminal history record checks must be accompanied by payment in the amount required in North Dakota Century Code section 12-60-16.9. Checks, money orders, or purchase orders must be made payable to the "Attorney General's Office". A…

The bureau shall maintain a transaction log of all requests for criminal history record checks, and in those cases in which criminal history record information is released, the details of the release must be recorded. In those cases in which dissemination is prohibited under stat…

The bureau and the federal bureau of investigation may retain fingerprints and other identifying information obtained through the criminal history record information background investigation process 1 for rap back at the request of the agency, official, or entity that submitted t…

All criminal justice agencies maintaining criminal history record systems, whether manual or automated must have written policies and procedures to protect criminal history data from unauthorized access. Written policies and procedures must include: 1. Designation of personnel au…

All criminal justice agencies maintaining criminal history record systems must have adequate facilities and security systems to protect criminal history data from unauthorized access. Buildings and rooms used for criminal history record information maintenance and storage must be…

Criminal justice agencies operating automated criminal history record information systems must provide: 1. Access to only authorized individuals and agencies using secure passwords. Authorized individuals may not disclose passwords. 2. Security against tampering or destruction of…

A record subject may, upon submission of a written request and verification of identity, review, without undue burden to either the criminal justice agency or the record subject, any criminal history record information maintained by any criminal justice agency about the record su…

Satisfactory verification of identity may include fingerprint comparison or presentation of a current government-issued photo-identification, including a driver's license or passport. If fingerprint comparison is required for positive identification, the record subject may be req…

A representative of a record subject shall present a power of attorney, notarized authorization, or satisfactory proof of authority as a legal representative of the record subject before being allowed to view the information on file for the record subject. History: Effective Nove…

A record subject may make a request to any criminal justice agency in North Dakota to inspect the subject's criminal history record, if any, retained by that agency and by the bureau. The record subject shall provide satisfactory verification of identity before the agency may per…

A request for inspection of a criminal history record must be made in person at a criminal justice agency by the record subject or an authorized representative of the record subject. Requests made by mail or any other means from out-of-state may not be processed by the receiving …

Criminal justice agencies shall notify the record subject when the subject's record is available for review and shall establish a time within normal working hours when that review can take place. History: Effective November 1, 1987; amended effective January 1, 2016. General Auth…

A criminal justice agency or the bureau may deny inspection of a record if the record subject is not satisfactorily identified. Agencies or the bureau shall also respond negatively if no record is found for the individual. The agency or the bureau shall notify the individual in w…

Individuals inspecting criminal history records may make notes of the information in the record but may not receive a copy of the record unless the record subject intends to challenge the information in the record. If a a record subject challenges information in a criminal histor…

If an agency or the bureau denies a record subject the right to inspect the subject's criminal history record, the subject may challenge the denial by submitting a challenge form and a complete set of fingerprints within ten days of the denial to the administrator of the agency w…

A record subject may challenge the completeness or accuracy, or both, of specific criminal history record entries pertaining to the record subject and request incomplete or inaccurate entries be corrected. Upon challenge, the criminal justice agency originating the record entries…

If the reviewing agency is not also the originating agency, the original challenge form and any related documents must be forwarded to the originating agency, or, in the case of challenges claiming incompleteness, to the agency that can verify the notations which, according to th…

In the event an originating criminal justice agency corrects criminal history record entries, the originating agency shall notify all criminal justice and noncriminal justice agencies that have received the erroneous information within the year preceding the challenge of the corr…

The bureau shall conduct annual audits of a representative sample of local criminal justice agencies to ensure completeness and accuracy of criminal history record information and to ensure compliance with legal requirements for the reporting, collection, maintenance, and dissemi…

The bureau shall conduct an annual audit of the state central repository for criminal history record information. This audit will examine compliance with North Dakota Century Code sections 12-60-16.1 through 12-60-24, this article, and the policies and procedures established for …

Any formal agreement required by state or federal law between criminal justice agencies must be in the form required by the bureau. History: Effective November 1, 1987; amended effective January 1, 2016. General Authority: NDCC 12-60-16.3 Law Implemented: NDCC 12-60-16.3, 12-60-1…

The bureau may disclose criminal history record information for research and statistics for bona fide studies and analyses, including the incidence of crime, recidivism, demographic trends, or the administration of criminal justice. History: Effective November 1, 1987; amended Ja…

Criminal history records may be disclosed in a form that identifies record subjects for the purposes authorized in section 10-13-10-01 if the results will only be released to the public in statistical, aggregate, and anonymous form and published information does not disclose the …

The recipient of criminal history record information for research and statistical purposes shall execute a written agreement with the bureau that defines the purposes of the study or analysis, the intended use of the information, and establishes safeguards to assure the integrity…

Criminal history records, or portions thereof, may be purged or sealed only when expressly authorized by state or federal law and pursuant to a court order from a court of competent jurisdiction. History: Effective November 1, 1987; amended effective January 1, 2016. General Auth…

Purging must be accomplished so as to retain records or portions of records which are not the direct objective of a purge order. Agencies may destroy an entire record, including biometric data, photos, and arrest and disposition data, or they may destroy only specific portions of…