44 chapters · 615 sections in this title.
N.D.C.C. § 15.1-34-01 Definitions
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As used in this chapter: 1. "Boarding home care for a student with disabilities" means the provision of food, shelter, security, and safety, on a twenty-four-hour basis, to an individual who has reached the age of three years but who has not reached the age of twenty-one before S…
N.D.C.C. § 15.1-34-02 Students with disabilities - Boarding home care - Registration certificate
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A person may not establish or operate a family boarding home unless the person first obtains a registration certificate from the department. This section does not apply if the student's boarding and care are provided in: 1. The home of a relative. 2. A home or institution under t…
N.D.C.C. § 15.1-34-03 Registration certificate - Application
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1. In order to obtain a registration certificate for a family boarding home, a person shall complete an application form available from the department. 2. The department may investigate the applicant's activities and may inspect the home for which the registration is sought. 3. T…
N.D.C.C. § 15.1-34-04 Boarding home fire inspection - Report
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The state fire marshal or a designee of the state fire marshal shall inspect any home for which a registration certificate is sought if requested to do so by the department. The department may inspect any home for which a registration certificate is sought. The entity conducting …
N.D.C.C. § 15.1-34-06 Conviction - Effect on registration - Exceptions
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A person who has been convicted of an offense may not be disqualified from registration under this chapter, unless: 1. The department determines that the offense has a direct bearing upon the person's ability to serve the public as an owner or operator of a boarding home for stud…
N.D.C.C. § 15.1-34-07 Registration certificate - Denial - Administrative hearing
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If after reviewing a person's application for a registration certificate the department elects to deny the application, the department shall serve the applicant with notice of the denial and with the reasons for the denial. The department shall hold an administrative hearing unde…
N.D.C.C. § 15.1-34-08 Registration certificate - Information
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The registration certificate must indicate the name of the owner or operator of the boarding home, the location of the boarding home, and the maximum number of students with disabilities who, at any one time, may board at the home.
N.D.C.C. § 15.1-34-09 Records - Maintenance - Examination
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Any person to whom a registration certificate has been issued shall: 1. Maintain records regarding each student for whom care is provided, as directed by the department; 2. Submit forms and other information regarding each student for whom care is provided, as directed by the dep…
N.D.C.C. § 15.1-34-10 Records - Students - Confidentiality
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All records and information regarding a student for whom care is provided under this chapter are confidential and may be disclosed only: 1. As part of a judicial proceeding; 2. To officers of the law; 3. To representatives of a governmental entity; 4. To the parent of a student f…
N.D.C.C. § 15.1-34-11 Registration certificate - Revocation
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The department may revoke a registration certificate issued under this chapter if: 1. The home is in an unsanitary condition. 2. The home is not properly equipped to provide for the health and safety of the students. 3. The individual in charge of the home and all assistants are …
N.D.C.C. § 15.1-34-12 Registration certificate - Revocation - Administrative hearing
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Before the department may revoke a person's registration certificate, the department shall serve the holder of the registration certificate with notice of the revocation and the grounds for the revocation. The department shall hold an administrative hearing under chapter 28-32 re…
N.D.C.C. § 15.1-34-14 Minimum standards - Rules - Inspection by governmental entity
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The department may: 1. Establish standards for the registration and operation of a family boarding home. 2. Allow the application of alternate standards, if appropriate. 3. Adopt rules governing the provision of boarding home care to students with disabilities. 4. Authorize a gov…
N.D.C.C. § 15.1-34-15 Penalty
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A person who violates this chapter is guilty of a class B misdemeanor.