North Dakota Administrative Code

Criminal justice agencies may access sealed records for the following purposes: 1. Records management. 2. Review by the record subject. 3. Authorized research and statistical purposes. 4. Upon court order from a court of competent jurisdiction. History: Effective November 1, 1987…

Records may be sealed by attaching a special marking to sealed files, or by removal from the general record file and storage in a separate, secured file. In automated systems, sealing must be accomplished by limiting access to the sealed records or portions of the records to spec…

Criminal justice agencies shall report the following reportable events and information to the bureau: 1. Arrests. a. Biometric data. b. Physical description. c. Charges. 2. Decisions not to refer arrests for prosecution. 3. Biometric data ordered by the court after a determinatio…

Prosecuting attorneys shall report the following events and information to the bureau: 1. Charges filed. 2. Charges added subsequent to the filing of a criminal case. 3. Decisions not to file charges after a reported arrest. 4. Judgments of not guilty. 5. Judgments of guilty, inc…

1. Local and regional correctional facilities shall report to the bureau the following events and information: a. Receipt of an inmate. b. Escape of an inmate. c. Death of an inmate. d. Release of an inmate from custody. 2. This information shall be reported only for those offend…

The department of corrections and rehabilitation shall report to the bureau the following events and information: 1. Receipt of an inmate. 2. Escape of an inmate. 3. Death of an inmate. 4. Release of an inmate from custody. 5. Transfer of an inmate to an out-of-state correctional…

The pardon advisory board and parole board, through the department of corrections and rehabilitation, shall report to the bureau the following events and information for each sentence assigned to a record subject for each reportable offense: 1. Pardon. 2. Parole. 3. Commutation o…

Reports and substantiating documents of reportable events must be submitted to the bureau within the following time limits after the completion of the reportable event: 1. Arrest - within twenty-four hours. 2. Decision not to refer - within forty-eight hours. 3. Decision not to f…

As used in this article, unless the context otherwise requires: 1. "Agency" means a criminal justice agency in the state of North Dakota as defined in North Dakota Century Code subsection 6 of section 12-60-16.1. For purposes of these rules, an agency includes a North Dakota stat…

All words used in this chapter which are defined in North Dakota Century Code chapter 51-15 have the meanings given in that chapter. As used in this chapter: 1. "Advertisement" includes statements and representations contained on any label, tag, or sign attached to, printed on, o…

It is a deceptive act or practice for a seller to make a price comparison or claim a savings as to any merchandise offered for sale unless the seller clearly and conspicuously discloses the basis for or source of the price comparison or savings claim. However, a seller may make a…

It is a deceptive act or practice for a seller to compare the seller's current price with the seller's former price for any merchandise unless: 1. The former price is a price at which a substantial number of sales were made by the seller during the three months immediately preced…

It is a deceptive act or practice for a seller to make an introductory offer or to compare its current price for merchandise with the price at which the merchandise will be offered in the future, unless: 1. The future price takes effect within a reasonable time after the introduc…

It is a deceptive act or practice for a seller to state or imply that any merchandise is being offered for sale at a range of prices, or at a range of percentage or fractional discounts, unless the highest price or the lowest discount in the range is clearly and conspicuously dis…

It is a deceptive act or practice for a seller to make a price comparison or to claim a savings, expressed or implied, from a list price or term of similar meaning, unless: 1. The list price does not exceed the highest price at which substantial sales of the merchandise have been…

It is a deceptive act or practice for a seller to compare the seller's price with a price currently being offered by another seller for merchandise unless the merchandise is comparable merchandise and the comparative price is at or below the price at which the comparable merchand…

word free. It is a deceptive act or practice to use the word free, or words of similar meaning, or to represent bargain offers, including "buy one - get one free", "buy one - get one at half-price", "two for one", and "one cent sale", when describing merchandise to be given to a …

It is a deceptive act or practice for a seller to use terms such as "sale", "sales prices", "now only $_____", or other words and phrases that imply a price savings unless the price of the merchandise is reduced by a reasonable amount from the former price of the merchandise. If …

It is a deceptive act or practice for a seller to use the term "wholesale" or words of similar meaning in connection with any merchandise offered for sale at retail. History: Effective January 1, 1994. General Authority: NDCC 51-12-09, 51-15-05, 54-12-17 Law Implemented: NDCC 51-…

Within twenty-one days after receipt of a written request from the attorney general, persons making price comparisons shall submit a report in writing setting forth substantiating information upon which the price comparison was based. The attorney general, for cause shown, may gr…

As used in this article: 1. "Achievement reward program" means a marketing strategy that recognizes and incentivizes rewards program members for reaching specific goals within a given time frame. 2. "Applicant's agent" means a general manager, sole proprietor, partner of a partne…

1. The lottery shall arrange for a retailer to be provided with: a. Point-of-sale promotional material, including game brochure, promotional poster, and lottery signage; and b. Problem gambling helpline telephone number. 2. Advertising and promotional material provided by the lot…

In applying subsection 7 of North Dakota Century Code section 53-12.1-12, if two or more persons or state agencies make adverse claims to part or all of a player's prize amount and one of the claims is for child support, the lottery shall transfer the amount claimed for child sup…

Repealed effective April 1, 2006.

1. An employee of the lottery or a member of the immediate family or an individual who regularly resides in the same household of the employee may not receive a gift, gratuity, or other thing of value, excluding food, nonalcoholic beverage, or incidental item, from an applicant f…

1. An applicant shall initially apply for a license for a site on a form prescribed by the lottery and remit an application fee of fifty dollars that is not refundable. The licensing fiscal year is October first through September thirtieth. An applicant may apply for a license fo…

The lottery shall consider criteria in selecting an applicant for licensure or relicensure as a retailer, including: 1. Geographic or strategic location of a business in a town or city, and its location in relation to population, highways, and traffic patterns; 2. Accessibility o…

1. An applicant for a license shall request the lottery to do a North Dakota record check on the applicant's agent. The record check is to determine whether the individual has a criminal history record that would disqualify the applicant for a license according to subdivision d o…

1. If a retailer changes its business location, the lottery may reissue a license to the retailer to sell a ticket at the new location provided: a. The retailer notifies the lottery, in writing, thirty days before the change is to occur; b. The retailer stops selling a ticket at …

An employee of a retailer who is responsible for and who has no previous experience operating a terminal must be trained on how to properly operate the terminal by the retailer or lottery representative before the employee may sell or redeem a ticket. The lottery shall provide th…

A retailer shall: 1. Comply with the lottery law, rules, promotional rules, and terms of a license agreement prescribed by the lottery; 2. Display a lottery license in an area visible, but not accessible, to the public where a ticket is sold and redeemed. A retailer shall promine…

1. The lottery shall credit a retailer's account for: a. A sales commission of five percent of the retail price of a ticket sold or otherwise issued by the retailer; and b. A sales bonus for selling a ticket with a winning play, for a game as stated below. However, the retailer m…

1. A retailer shall maintain a bank account at a financial institution that is insured by the federal deposit insurance corporation, federal credit union association, or federal savings and loan insurance corporation, located in North Dakota, and that is capable of electronic fun…

Repealed effective April 1, 2006. 8

The lottery may deny, suspend, or revoke a license if the applicant's agent has a disqualifying criminal history record or an applicant or retailer: 1. Obtained a license by failing to complete, failing to disclose information, or misrepresenting data on an application; 2. Violat…

The lottery may impose a monetary fine on a retailer for failure to comply with a lottery law, rule, or term of a license agreement. The fine for each violation is a minimum of twenty-five dollars and may be in addition to or in place of a license suspension or revocation. Histor…

The lottery may conduct online games of POWERBALL®, MEGA MILLIONS®, LOTTO AMERICA®, 2BY2®, and MILLIONAIRE FOR LIFETM. History: Effective February 1, 2004; amended effective November 8, 2005; July 1, 2008; January 31, 2010; January 31, 2016; February 25, 2016; October 29, 2017; J…

A ticket issued by a retailer or an iLottery play may not be bought by, or a prize won by a ticket or iLottery play or lottery-related promotion may not be paid or issued to: 1. An employee, officer, or director of the lottery's central gaming system vendor or the MUSL; 2. An ind…

A play slip for a game must contain information on: 1. How to play the game; 2. How to complete a play slip; 3. How to win, including the odds of winning a prize of each prize tier; and 4. General rules, including: 1 a. Name of a game; b. Ticket price; c. Prize structure; and d. …

1. A player may buy a ticket for the next draw and for a number of subsequent draws as prescribed by the lottery. The player shall designate the number of multiple draws desired by marking that numbered multidraw box on a play slip. The additional draw for which the ticket is val…

1. Only a retailer may sell a ticket and only at the site listed on a license. The sales price of a ticket is exempt from sales tax. Except as authorized by the lottery or for a lottery promotion, or delivery of a ticket by a retailer, a complete sales transaction between the ret…

1. Until an individual, including a group of individuals, places a signature in the designated area on the back of a ticket, the individual who is the ticket holder is the owner of the ticket. When a signature is placed in the designated area on the back of a ticket, the individu…

1. A retailer shall use a terminal to validate a ticket or cash voucher before the retailer may pay a prize on the ticket or cash voucher. A retailer that pays a player a prize without first validating the ticket or cash voucher assumes the financial risk that the ticket is not a…

A prize for a validated winning ticket must be claimed as follows: 1. A prize may not be awarded and the lottery is not liable for a ticket not submitted for validation or for an announcement or dissemination by the lottery or any other individual of an incorrect number, letter, …

1. A player shall purchase an iLottery play only from, and the financial transaction for that online play must be only with, the lottery through the North Dakota Lottery Players Club® website and payment processor. A player may use automated clearinghouse, debit card, authorized …

If a winning player dies during the annuity payment period of a prize, the game group, upon the petition of the estate of the deceased player to the lottery may accelerate the payment of the remaining prize to the estate. The lottery may rely on a certified copy of a court's appo…

1. An individual may not make, alter, pass, counterfeit, or present, with intent to defraud, a ticket to a retailer or the lottery. 2. An individual may not steal a ticket or knowingly possess, redeem, or attempt to redeem a stolen ticket. History: Effective February 1, 2004; ame…

1. If a claimant and the lottery disagree on whether a ticket is a winning ticket and the lottery determines that the ticket is not valid and does not pay the prize, the lottery may replace the disputed ticket with a ticket for the next draw of the same game or refund the cost of…

the claimant's request, the lottery shall issue a single prize check to the individual designated and authorized on the prize claim form to receive payment of the prize on behalf of all the claimants or present or mail a check to each claimant for the amount of each player's priz…

To play POWERBALL®, a player selects five different white numbers, between one and sixty-nine, and one additional red number (Powerball) between one and twenty-six. The additional number may be the same as one of the first five numbers selected. The price of a play is two dollars…