Title 43 — Occupations and Professions
99 chapters · 1,384 sections in this title.
N.D.C.C. § 43-30-01 Definitions
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As used in this chapter, unless the context or subject matter otherwise requires: 1. "Board" means the private investigative and security board. 2. "Employee" means an employee under a contract of employment as defined in chapter 34-01, and not an independent contractor as define…
N.D.C.C. § 43-30-02 Exemptions
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This chapter does not apply to: 1. Any investigator or officer directly employed by or under any direct contract with the federal government, state, or any county or city thereof, appointed, elected, or contracted with, by due authority of law, while engaged in the performance of…
N.D.C.C. § 43-30-02.1 Fair housing law compliance - Exception - Penalty
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This chapter does not apply to a person testing for fair housing law compliance who is employed by or volunteers with an organization recognized for this purpose under federal or state law and who meets the requirements, except for actual registration, of a registered private inv…
N.D.C.C. § 43-30-02.2 Proprietary security
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A proprietary employer is a person who employs an individual to provide security for that person's own property or protection. A proprietary employer is not required to be licensed as a private security service if the employer does not offer or provide security services to others…
N.D.C.C. § 43-30-03 Private investigative and security board
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The governor shall appoint a private investigative and security board. The board must consist of not fewer than five nor more than eleven members appointed for staggered four-year terms. When making appointments, the governor shall consider whether there is member representation …
N.D.C.C. § 43-30-04 Powers of the board
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1. The board shall establish by rule the qualifications and procedures for classifying, qualifying, licensing, bonding, and regulating persons providing private investigative and security services, including armed security personnel. The rules adopted under this section addressin…
N.D.C.C. § 43-30-04.1 Continuing education requirements
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The board may adopt rules establishing the requirements for the continuing education of persons licensed under this chapter. The board may refuse to renew, suspend, or revoke any license issued under this chapter or place on probationary status any licensee on proof that the lice…
N.D.C.C. § 43-30-05.1 Temporary license or registration
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The board may issue a temporary license or registration upon payment of the required application fee and satisfaction of all other requirements set by the board for licensure or registration under this chapter except for completion of a nationwide criminal history record check on…
N.D.C.C. § 43-30-05.2 Peace officers
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Notwithstanding section 12.1-13-04, the board may issue a license to an individual who is a peace officer if the license issued to that peace officer under chapter 12-63 is on inactive status.
N.D.C.C. § 43-30-06 License and registration applications
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Every person who desires to obtain a license or registration, including nonlicensed members, partners, officers, and owners of at least ten percent interest in the entity, shall apply to the board on applications prepared and furnished by the board. Each application must include …
N.D.C.C. § 43-30-07 Contents of license - Posting
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Repealed by S.L. 1983, ch. 487, § 13.
N.D.C.C. § 43-30-08 Duplicate licenses
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If a loss of a license is shown to the satisfaction of the board, a duplicate thereof must be issued by the board upon payment of the required fee.
N.D.C.C. § 43-30-09 Detective agency license
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The board may establish by rule the procedures to be followed by a private investigator to operate a detective agency.
N.D.C.C. § 43-30-10 Penalty - Injunction - Unlicensed activity
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Any person who violates this chapter or rules adopted under this chapter, or any person who provides a private investigative service or private security service without a current license issued by the board, or falsely states or represents that the person has been or is an invest…
N.D.C.C. § 43-30-11 Renewal of licenses
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A license to provide private investigative or security services must be renewed on an annual basis ending on September thirtieth of each year. License fees must be prorated for the portion of each license period the license is in effect.
N.D.C.C. § 43-30-12 Disciplinary action
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The board may refuse to renew, suspend, or revoke a license, or place on probationary status any licensee, or issue a letter of reprimand to any licensee, for any one or any combination of the following causes: 1. Fraud in obtaining a license. 2. Violation of this chapter or rule…
N.D.C.C. § 43-30-13 Notice and hearing on license revocation
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The board may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute a violation of this chapter or rules adopted by the board, investigate the actions of any person holding or claiming to hold …
N.D.C.C. § 43-30-14 Hearing powers
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The board may subpoena any person in this state and take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure in civil cases in courts of this state.
N.D.C.C. § 43-30-15 Application of chapter 28-32
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Chapter 28-32 governs the procedures under this chapter. Any decision made by the board under section 43-30-12 is governed by chapter 28-32.
N.D.C.C. § 43-30-16 Examination, license, and registration fees
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The board may charge the following fees: 1. The fee to be paid by an applicant for an examination to determine the applicant's fitness to receive a license as a private investigator or a license to provide private security services is one hundred fifty dollars. 2. The fee to be p…