128 chapters · 1,241 sections in this title.
N.D.C.C. § 54-03.2-01 Establishment and purpose of code
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A code of fair procedure for legislative investigating committees is hereby established for the purpose of providing for the creation and operation of legislative investigating committees in a manner which will enable them to perform properly the powers and duties vested in them,…
N.D.C.C. § 54-03.2-02 Definitions
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As used in this code: 1. "Hearing" means any meeting in the course of an investigatory proceeding, other than a preliminary conference or interview at which no testimony is taken under oath, conducted by an investigating committee for the purpose of taking testimony or receiving …
N.D.C.C. § 54-03.2-03 Establishment of investigating committees by legislative assembly
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An investigating committee may exercise its powers during sessions of the legislative assembly and also in the interim between sessions when so provided by law or by the motion, resolution, or statute by which the committee was established or from which it derives its investigato…
N.D.C.C. § 54-03.2-04 Adoption of rules
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Each investigating committee shall adopt rules, not inconsistent with law or any applicable rules of the legislative assembly, governing its procedures, including the conduct of hearings.
N.D.C.C. § 54-03.2-05 Finances and staff
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Each investigating committee may employ such professional, technical, clerical, or other personnel as necessary for the proper performance of its duties, to the extent of funds made available to it for such purpose and subject to such restrictions and procedures relating thereto …
N.D.C.C. § 54-03.2-06 Membership, quorum, and voting
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An investigating committee shall consist of not less than five members. A quorum shall consist of a majority of the total authorized membership of the committee. No action may be taken by a committee at any meeting unless a quorum is present. The committee may act by a majority v…
N.D.C.C. § 54-03.2-07 Hearings
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An investigating committee may hold hearings appropriate for the performance of its duties, at such times and places as the committee determines. The committee shall provide by its rules that each member of the committee be given at least three days' written notice of any hearing…
N.D.C.C. § 54-03.2-08 Issuance of subpoenas
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Every investigating committee may, by majority vote of all of its members, issue a subpoena requiring a person to appear before the committee and be examined in reference to any matter within the scope of the inquiry or investigation being conducted by the committee. The committe…
N.D.C.C. § 54-03.2-09 Notice to witnesses
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Service of a subpoena requiring the attendance of a person at a hearing of an investigating committee must be made in the manner provided by law for the service of subpoenas in civil actions at least seven days prior to the date of the hearing unless a shorter period of time is a…
N.D.C.C. § 54-03.2-10 Conduct of hearings
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All hearings of an investigating committee must be public except an investigative hearing of an individual may be closed upon specific request by the individual or the individual's counsel with consent of a majority of the committee. The chairman of an investigating committee, if…
N.D.C.C. § 54-03.2-11 Right to counsel and submission of questions
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Every witness at a hearing of an investigating committee may be accompanied by counsel of the witness's own choosing, who may advise the witness as to the witness's rights, subject to reasonable limitations which the committee may prescribe to prevent obstruction of or interferen…
N.D.C.C. § 54-03.2-12 Testimony
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1. An investigating committee shall cause a record to be made of all proceedings in which testimony or other evidence is demanded or adduced, which record must include rulings of the chair, questions of the committee and its staff, the testimony or responses of witnesses, sworn w…
N.D.C.C. § 54-03.2-13 Interested persons
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Any person whose name is mentioned or who is otherwise identified during a hearing of an investigating committee and who, in the opinion of the committee, may be adversely affected thereby, may, upon that person's request or upon the request of any member of the committee, appear…
N.D.C.C. § 54-03.2-14 Contempt
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1. A person is in contempt if that person: a. Fails or refuses to appear in compliance with a subpoena or, having appeared, fails or refuses to testify under oath or affirmation; b. Fails or refuses to answer any relevant question or fails or refuses to furnish any relevant book,…
N.D.C.C. § 54-03.2-15 Penalties
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A person guilty of contempt under section 54-03.2-14 is guilty of a class B misdemeanor, or if tried to the legislative assembly, or an appropriate house thereof, the legislative assembly or the appropriate house may impose such punishment as it deems appropriate, in the exercise…
N.D.C.C. § 54-03.2-16 Limitations of code
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Nothing contained in this code may be construed to limit or prohibit the acquisition of evidence or information by an investigating committee by any lawful means not provided for herein.