North Dakota Administrative Code

Repealed effective October 1, 2010.

Standards rejected by a NIST-recognized laboratory must be removed from service as follows: 1. A standard that has been rejected must be conspicuously marked by sealing, tagging, or painting as appropriate to that standard. 2. A rejected standard may not be used to test and certi…

A registered service person shall have the authority to remove an official rejection seal, equipment repair notice tag, noncommercial device seal, device certification seal, or other mark placed on a weighing or measuring device by the authority of the commission. Furthermore, a …

A registered service company has the authority to maintain state-certified field standards and to employ a registered service person to design, install, and repair a commercial weighing or measuring device as described in North Dakota Century Code section 64-02-13. History: Effec…

An applicant must be employed by a currently permitted registered serviced company to be eligible for permitting as a registered service person. Annual application for registration as a registered service person must be submitted to the commission under the following requirements…

Self-certification to repair, test, and certify an operator's own commercial weighing and measuring devices is permitted only as provided in this section: 1. Only hazardous liquid pipeline operators, natural gas pipeline operators, and manufacturing-processing operators may self-…

1. An annual application for registration as a registered service company must be filed with the commission prior to conducting any service work on commercial weighing or measuring devices and must include: a. Acceptable evidence that all of the service standards used to test and…

Upon acceptance and approval of an application, the commission shall issue a placing in service permit to the registered service person. All permits issued under this section remain the property of the commission and must be surrendered upon demand. Permits issued will be either …

The commission may, for good cause, suspend or revoke a registered service person's permit or a registered service company's permit. A person or a company not registered with the commission but qualified to install a commercial weighing or measuring device may install but may not…

A registered service person must, within seven working days, send a test report on all commercial weighing or measuring devices certified, recertified, serviced, or inspected and tested by the person to the commission, and shall furnish a copy of the test report to the owner or o…

All test report forms filed with the commission must be in a commission-approved format. Failure to file a test report in a commission-approved format may result in the rejection of the report. History: Effective August 1, 1993; amended effective February 1, 1996; October 1, 1999…

1. The commission may evaluate the work performed by a registered service person to ensure that the person is performing proper inspections and tests. The evaluation method may be by 4 direct observation or by reinspection of a device previously placed or recertified by a registe…

Repealed effective October 1, 2010.

Repealed effective January 1, 2021.

A quality assurance evaluation test report that discloses a failure must include any alleged violations of North Dakota Century Code title 64, North Dakota Administrative Code title 69, and any applicable sections of the NIST Handbook No. 44, as adopted by reference in section 69…

All state weights and measures inspectors and registered service companies shall make available minimum test weights and test loads as required by NIST Handbook No. 44, table 4, during tests of commercial weighing devices. However, during highway load restrictions as announced by…

Repealed effective May 1, 2005. 6

The terms used throughout this title have the same meaning as in North Dakota Century Code chapter 53-06.2, except: 1. "Age" means the age of a horse and shall be reckoned from the first day of January of the year of foaling. 2. "Appaloosa" means a horse registered with the appal…

1. The commission has the authority, upon its own action or upon referral from the stewards, to: a. Charge any licensee or permittee for a violation of these rules or of the pari-mutuel horse racing laws of this state; b. Conduct hearings and to impose fines and other penalties a…

1. When any license is suspended by the commission or by the racing regulatory agency of another state recognized by the commission, then the suspended licensee is prohibited from participating in any pari-mutuel activity regulated by the commission. 2. The suspension shall, in a…

1. Racing dates must be granted by the commission. The application for racing dates and the application for a license to conduct a race meeting must be filed with the commission over the signature of an executive officer of each association and on a form approved and provided by …

The commission shall appoint two of the three stewards at each horse racing meeting. One of the stewards appointed by the commission must be the chief steward. History: Effective July 1, 1989; amended effective October 1, 2022. General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-0…

The commission, through its employees or agents, or through employees of the association, so authorized by the commission, may search and inspect for prohibited medication, drugs, drug paraphernalia, or any electrical or mechanical equipment usable to affect the condition or raci…

1. Offenses. The commission may exclude from the licensed premises a patron who has been convicted of any of the offenses listed in this subsection, if the commission determines that the circumstances of the offense giving rise to the conviction make the patron's presence a 2 haz…

1. The commission may employ or contract with a veterinarian or veterinarians who are authorized to: a. Maintain and operate a barn for the detention and testing of horses after each race; b. Collect specimens for analysis to determine the presence of prohibited substances in any…

Every association conducting a race meeting shall appoint at least the following officials: 1. At least one association steward, consisting of at least one of the members of a three-member board of stewards. 2. Association veterinarian who shall assist and be responsible to the c…

To qualify as a racing official the appointee must be licensed by the commission after a determination that the proposed racing official: 1. Is of good moral character and reputation; 2. Is experienced in horse racing; 3. Is familiar with the duties to which the racing official i…

A racing official or the racing official's assistants listed in section 69.5-01-03-01, while serving during any meeting in such capacity, may not engage in any of the following: 1. Participate in the sale, purchase, training, or ownership of any horse racing at the meeting; 2. Be…

Every racing official and such official's assistants are responsible to report immediately to the stewards of the meeting every observed violation of these rules and of the laws of this state which occur within such official's or assistant's jurisdiction. History: Effective July …

An official appointed to any meeting may not hold more than one official position listed in section 69.5-01-03-01 unless, in the determination of the stewards or the commission, the holding of more than one appointment would not subject the official to a conflict of the official'…

1. The stewards for each racing meeting are responsible to the commission for the conduct of the race meeting in accordance with the laws of this state and the rules adopted by the commission. The stewards only have authority to resolve conflicts or disputes between all other rac…

1. Stewards shall enforce these rules and the racing laws of this state and have authority to charge any licensee for a violation of these rules and the laws of this state, to conduct 3 hearings, and to recommend to the commission the imposition of administrative fees or suspensi…

1. Violations. The stewards may take summary and immediate action when violations constitute an immediate danger to public health, safety, and welfare. If such action is taken prior to the summary hearing procedure in subsection 2, the affected licensee is entitled to a postsuspe…

1. Any licensee aggrieved by the imposition by the stewards of any fee or suspension may appeal to the commission. Appeals must be in writing and filed with the commission within fourteen days of the stewards' order. The stewards shall, in that event, forward to the commission th…

1. Investigations. The stewards, upon direction of the commission, shall conduct inquiries and shall recommend to the commission the issuance of subpoenas to compel the attendance of witnesses and the production of reports, books, papers, and documents for any inquiry. The commis…

1. General authority. The racing secretary is responsible for setting the conditions for each race of the meeting, regulating the nomination of entries, determining the amounts of purses and to whom they are due, and the recording of racing results. 2. Conditions. The racing secr…

1. The paddock judge is in charge of the paddock and has general responsibility for the saddling and mounting of horses and for the equipment used. 2. The paddock judge shall attempt to maintain consistency in the use of equipment on individual mounts. Duties of the paddock judge…

The horse identifier must be present for each race and shall inspect each horse prior to its departure from the paddock to the post to confirm the horses' proper identity. The horse identifier shall report to the stewards any horse not properly identified or whose foal papers are…

The clerk of the scales (clerk) is responsible to weigh out jockeys and their equipment before each race and to weigh in jockeys and equipment after each race. The clerk shall record and publish any weight over or under the weight appearing on the official program. The clerk upon…

1. The starter shall: a. Have complete jurisdiction over the starting gate, the starting of horses, and the authority to give orders not in conflict with the rules as may be required to ensure all participants an equal opportunity to a fair start; b. Appoint and supervise assista…

Each association shall provide where necessary for each race an official timer who shall occupy the timers' stand or other appropriate place to observe the running of each race. The timer shall record permanently the time elapsed between the start and finish of each race. History…

At least three patrol judges shall observe the running of the race and report information concerning the running of the race to the stewards. Each patrol judge shall have a duty station assigned by the stewards. History: Effective July 1, 1989. General Authority: NDCC 53-06.2-04,…

It is the duty of the stewards to determine the winner of each race and the order of finish for each of the remaining horses in the race. In case of a difference of opinion among the stewards, the majority opinion shall govern. In determining places at the finish of a race, the s…

The association veterinarian may, at the direction of the commission veterinarian, be required to inspect all the horses in a race at the starting gate, and, after the finish of a race, shall observe the horses leaving the track. The association veterinarian is responsible to the…

1. The jockey room custodian has the following duties: a. Maintain order, decorum, and cleanliness in the jockey and scale rooms. b. Assist the clerk of the scales as required. c. Ensure that no person other than representatives of the commission, association, news media, jockey'…

Every license to hold a meeting is granted upon the condition that the licensee shall accept, observe, and enforce these rules. Furthermore, it is the duty of each officer, director, and every official and employee of said licensee to observe and enforce these rules. History: Eff…

Each association shall furnish for the commission's use on the association grounds reasonable office space for the commission's use. The office shall be accessible to the public. The office must have appropriate connections for the live and replay capabilities for each race. The …

Associations are obligated to honor commission exclusions and to immediately eject any person found on association grounds who is under exclusion status by the commission and to report same to the commission. Whenever any association ejects any person from the premises, it shall …

Each racing association shall, as determined by the commission, safety committee, or stewards, provide the following: 1. Training and racing surfaces whose construction, elevation, and surfaces have received commission approval as safe and humane; provided, however, that upon pro…

A permitted association shall conduct horse racing between the hours of nine a.m. and twelve midnight, unless otherwise authorized by the commission. History: Effective July 1, 1989. General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10 Law Implemented: NDCC 53-06.2-01, 53-0…