Title 43 — Occupations and Professions
99 chapters · 1,384 sections in this title.
N.D.C.C. § 43-31-01 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Detection of deception examiner" or "examiner" means any person who uses any device or instrument to test or question individuals for the purpose of detecting deception. 2. "Internship" means the study of polygra…
N.D.C.C. § 43-31-02 Instruments to be used
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Every examiner shall use an instrument which records physiologic activity with four sensors: a blood pressure cuff, electrodermal sensors, and two respirator sensors, but such an instrument may record additional physiological changes pertinent to the detection of deception. An ex…
N.D.C.C. § 43-31-03 Unlawful acts
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It is unlawful for any person to administer detection of deception examinations, or attempt to hold out as an examiner, without a license issued by the attorney general of the state.
N.D.C.C. § 43-31-04 Applications for licenses
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Applications for licenses must be made to the attorney general in writing on forms prescribed by the attorney general and must be accompanied by the required fee, which is not returnable. Any such application must require such information as in the judgment of the attorney genera…
N.D.C.C. § 43-31-05 Renewal of licenses
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The license of an examiner which has not been revoked or is not suspended must be renewed annually upon payment of the required fee by the examiner.
N.D.C.C. § 43-31-06 Consent for service of process
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Each nonresident applicant for an original license or a renewal license shall file an irrevocable consent that actions against the applicant may be filed in any appropriate court of any county of this state in which the plaintiff resides or in which some part of the transaction o…
N.D.C.C. § 43-31-07 Qualifications of applicant
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An individual is qualified to receive a license as an examiner if the applicant: 1. Is at least twenty-one years of age. 2. Within the last five years has not pled guilty or nolo contendere to, been found guilty of, or been released from incarceration or probation for, violation …
N.D.C.C. § 43-31-07.1 Internship license
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Repealed by S.L. 2021, ch. 322, § 5.
N.D.C.C. § 43-31-08 Reinstatement of license
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An examiner whose license has expired may be reinstated at any time within one year after the expiration thereof, by making a renewal application therefor and by paying the renewal license fee.
N.D.C.C. § 43-31-09 Contents of license - Posting
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A license must be prominently displayed at the principal place of business of every examiner or may be in the possession of the examiner when conducting examinations in a location other than the examiner's principal place of business. Each license must be signed by the attorney g…
N.D.C.C. § 43-31-10 Revocation or suspension
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The attorney general may refuse to issue or renew or may suspend or revoke a license for any one of the following grounds: 1. Material misstatement in the application for original license or in the application for any renewal license under this chapter. 2. Willful disregard or vi…
N.D.C.C. § 43-31-11 Notice and hearing on license revocation
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The attorney general may, upon the attorney general's own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for refusal, suspension, or revocation, as herein set forth, investigate the actions of…
N.D.C.C. § 43-31-12 Appeal from decision
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The district court of the county wherein the accused person resides has power to review any order of revocation or suspension and all questions of law and fact thereon provided application therefor is made by either party within thirty days from the date of service of such order.
N.D.C.C. § 43-31-13 Attorney general may issue regulations
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The attorney general may issue regulations, consistent with the provisions of this chapter, for the administration and enforcement thereof and may prescribe forms which shall be issued in connection therewith.
N.D.C.C. § 43-31-14 License fees
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1. The annual license fee is thirty-five dollars, and is due and payable on or before October first of each year. A reinstatement fee of fifty dollars is required in addition to the annual license fee for each license renewal applied for after October first. 2. The fee to be paid…
N.D.C.C. § 43-31-15 Exemptions
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The provisions of this chapter do not apply to any examiner in the exclusive employment of the United States of America or any department, bureau, or agency thereof.
N.D.C.C. § 43-31-16 Exemption from testing requirements
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Repealed by S.L. 2021, ch. 322, § 5.
N.D.C.C. § 43-31-17 Violation - Penalty
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Any person who violates any provision of this chapter or any person who falsely states or represents that that person has been or is an examiner or trainee is guilty of a class B misdemeanor.