North Dakota Administrative Code

1. When horses finish in a dead heat, the dead heat may not be run off. 2. When two or more horses finish in a dead heat for first place, the prizes allocated for first and second finishing horses shall, if possible, and subject to subsection 5 be divided equally between those ho…

1. Unless otherwise provided in the conditions, all purses must be distributed on the cash basis, with money being awarded according to a horse's position in each separate dash or heat of the race. 2. Purse money distributed must be limited to the first five finishing positions. …

1. An association shall establish the post time for each race and the judges shall call the horses on the track at that time to prevent excessive delay after the completion of one or two scores. 2. The time between separate heats of a single race may not be less than forty minute…

1. The fastest time raced by a horse in a heat or dash which it won, or in a performance against time, must be its record. 2. A standard record is a record of 2.20 or faster for two-year-olds and 2.15 or faster for all other ages. 3. The time of each heat or dash must be accurate…

1. Protests may be made by an owner, authorized agent, trainer, or driver of one of the competing horses not later than forty-eight hours following competing in the race to which the protest applies and must be made in writing, sworn in the form of an affidavit, and must contain …

1. A driver shall wear an approved protective helmet with the chinstrap properly fastened at all times when racing, jogging, training, or when warming up a horse on the premises of an association. 2. A licensee who fails to meet his financial obligations for services, supplies, o…

1. Judges, drivers, starters, and starting gate drivers may be required to submit to blood, breath, saliva, or urine analysis tests at each program at which they officiate or participate. 2. A person showing a blood alcohol concentration of more than three one-hundredths of one p…

1. No person may: a. Commit any corrupt or fraudulent act in relation to a race or racing, nor attempt to enrich himself or his associates or gain an advantage through unfair, unlawful, or dishonest behavior in connection with the racing of horses. b. Threaten any racing official…

1. If the board of judges finds that a person has been in violation of the rules or of the directives of the board, or any proper order or direction of a judge or judges, the board of judges may, with respect to that person: a. Impose a fine not exceeding one thousand dollars; b.…

1. History and functions. The 1957 legislative assembly passed a real estate licensing law, codified as North Dakota Century Code chapter 43-23. This chapter requires the governor to appoint a state real estate commission. It is the responsibility of the commission to administer …

All hearings shall be held at a location designated by the commission in its notice of hearing. History: Amended effective January 1, 1992; April 1, 1996. General Authority: NDCC 43-23-11.1(3) Law Implemented: NDCC 43-23-11.1(3)

All hearings conducted by the commission, or its duly authorized employees, shall be open to the public, unless otherwise ordered by the presiding officer at the hearing, or specifically provided by statute. General Authority: NDCC 43-23-11.1(3) Law Implemented: NDCC 44-04-19

The rules of procedure of the real estate commission shall be those adopted by the commission, together with those procedures outlined in North Dakota Century Code chapter 28-32. General Authority: NDCC 43-23-11.1(3) Law Implemented: NDCC 28-32, 43-23-11.1(3)

The form of pleading before the real estate commission shall be the same as that employed in the district courts of North Dakota. The caption of such pleadings should include: "BEFORE THE NORTH DAKOTA REAL ESTATE COMMISSION". General Authority: NDCC 43-23-11.1(3) Law Implemented:…

The hearing shall be conducted and presided over by a member of the commission or such subordinate as may be designated to hear the matter by the chair of the commission. History: Amended effective July 1, 2022. General Authority: NDCC 28-32-02, 43-23-11.1(3) Law Implemented: NDC…

In any matter pending before it, the commission may direct any party, or attorney for any party, to appear before the commission for the purpose of considering simplification of the issues, amendments to the pleadings, obtaining admission of facts or documents which will avoid un…

The commission or any party may in an investigation of hearing cause the deposition of witnesses or parties residing within or without the state to be taken in the manner prescribed by law. General Authority: NDCC 43-23-11.1(3) Law Implemented: NDCC 43-23-11.1(3)

1. Proceedings going to the revocation or suspension of licenses may be initiated by a verified complaint of an individual or an individual's representative. Proceedings requesting the promulgation, amendment, or repeal of any rules of the commission may be initiated on a verifie…

Complaints, notices, orders or other processes of the commission shall be served personally, or by registered or certified mail, as the real estate commission may direct. Time for answering, or time required on other motions, shall be as prescribed by the commission by rule, or i…

The procedure for rehearing and appeals shall be that prescribed in North Dakota Century Code chapter 28-32. General Authority: NDCC 43-23-11.1(3) Law Implemented: NDCC 28-32-14, 28-32-15 2

1. This title applies in all proceedings and hearings had before the commission in matters within its jurisdiction, except in cases where the statute involved provides a procedure inconsistent with this title, and in such case the statute shall govern to the extent of such incons…

1. No application for either a broker's or salesperson's license will be accepted from a person under the age of eighteen years. 1 2. All applications must be filed with the commission before an examination, complete in every detail with every question answered and correct fees s…

1. An applicant will not be permitted to take the examination until and unless the applicant has been authorized in writing to take the examination. 2. If an applicant should fail to take the examination within four months after notification by the commission that the applicant i…

All licenses expire on December thirty-first of each year. Persons desiring to continue in business must make proper application for renewal on or before November fifteenth of each year in order for the respective license to be renewed on a timely basis for the following license …

1. A qualified licensed salesperson desiring to place the salesperson's license on an inactive status may do so by a request from the salesperson in a format prescribed by the commission that the salesperson's license be placed on an inactive status. The salesperson may keep the …

1. Any person who becomes an applicant for a nonresident license shall become subject to the same rules required of an applicant whose residence is in North Dakota. A designated broker shall obtain a nonresident license before an associate broker or salesperson licensed under the…

suspension, or revocation. Upon release of license or upon notice of suspension, revocation, or cancellation of the license, the designated broker shall destroy the license and remove the licensee's name and licensee's number from the broker's website. If the license is that of a…

When for any reason a licensee severs connection with the licensee's designated broker and desires to transfer to another broker, the licensee must complete a transfer and release form provided by the commission, to be executed by the licensee, the licensee's current broker, and …

A real estate broker who does not have an office under the broker's own name, but is affiliated with another licensed broker and performs service similar to that of a salesperson, must not at any time act independently as a broker, and shall not perform any real estate service wi…

A salesperson shall not commence work until the salesperson's broker receives notification of licensure from the commission. Any licensee leaving a broker shall not take nor use any agreements secured through the office or through licensees of the former broker unless specificall…

1. Definition. If a broker maintains more than one office, then one office shall be designated as the main office and each additional office shall constitute a branch office. If a real estate broker maintains a regular office, the broker's home shall not be considered a branch of…

It shall be acceptable for more than one broker to operate in an office at the same address if each broker maintains all records and trust accounts separate from all other brokers. Each broker shall operate under a business name which clearly identifies the broker as an individua…

The commission within its discretion may prevent a real estate firm from using the same name or a name deceptively similar to that of a real estate firm already in the community if the commission determines that the interests of the public are thereby endangered. General Authorit…

A salesperson shall not handle the closing of any real estate transaction (unless authorized by the salesperson's broker), except under the direct supervision of the broker, a licensed officer, or a licensed partner of the corporation or partnership under whom the salesperson is …

1. All moneys belonging to others and accepted by the broker while acting in the capacity as a broker shall be deposited in a federally insured financial institution in this state in an account separate from money belonging to the broker. Clients' funds shall be retained in the d…

1. All complaints to be investigated by the real estate commission, as required by North Dakota Century Code section 43-23-11.1, must be in writing on forms furnished by the commission. The complaint shall be verified and shall include: the full name and address of the person mak…

The commission is not authorized by law nor will it consider or conduct hearings involving disputes over fees or commissions between licensees. History: Amended effective January 1, 1992; July 1, 2022. General Authority: NDCC 28-32-02, 43-23-11.1(3) Law Implemented: NDCC 43-23-11…

The real estate commission neither recommends nor recognizes any agreement to fix or impose uniform rates of commission on any real estate transaction. General Authority: NDCC 43-23-11.1(3) Law Implemented: NDCC 43-23-11.1(1)

As used in this section, the term "psychologically impacted properties" means any real property within this state that is known to be, or is suspected to have been, the site of a suicide, homicide, or other felony, or there are other circumstances, suspicions, or facts which may …

The fact that a parcel of real property, or any building or structure thereon, may be psychologically impacted, or may be in close proximity to a psychologically impacted property, is not a material or substantial fact that is required to be disclosed in a sale, lease, exchange, …

The designated broker must have a written company policy that identifies and describes the types of real estate agency relationships in which the agency may engage. In addition, any agency that offers representation to both buyers and sellers must also address in the policy manua…

The purpose of this chapter is to delineate the rules which the real estate commission will follow in approving and regulating all schools offering prelicensure courses to meet the requirements in North Dakota Century Code section 43-23-08. History: Amended effective July 1, 2022…

In order for any prelicensure course to be approved by the real estate commission a complete application shall be filed with the commission not less than forty-five days prior to the contemplated date of offering the first course. The application, in addition to the name and addr…

Any person applying for commission approval of classroom instruction must furnish to the commission evidence satisfactory to the commission that every instructor giving classroom instruction has the necessary specialized preparation, training, and experience to ensure competent i…

Repealed effective July 1, 2022.

Every three years, the school shall submit another complete application. The commission shall review the school to determine if it meets the requirements of law and commission for certification for another three years. History: Amended effective July 1, 2022. General Authority: N…

Repealed effective July 1, 2022.

Repealed effective July 1, 2022.

If the commission determines a school is not meeting the requirements of law for continued approval, the commission shall immediately notify the school in writing detailing the deficiencies requiring correction. The schools' approval by the commission shall continue ninety days f…

If the name of the commission is used or if commission approval is indicated, any advertisement may not make or imply any guarantee concerning the applicant's passing of the real estate licensing examination or that the commission has any interest in the school other than ensurin…