Title 54, State Government
128 chapters · 1,256 sections in this title.
N.D.C.C. § 54-17-01 Industrial commission to manage industries of state and to act as a state housing finance agency
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The commission created to conduct and manage, on behalf of the state of North Dakota, certain utilities, industries, enterprises, including housing finance programs, and business projects established by law must be known as the industrial commission of North Dakota, but may be de…
N.D.C.C. § 54-17-02 Industrial commission - Members - Quorum - Meetings - Pledge of allegiance
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The industrial commission of North Dakota shall consist of the governor, the attorney general, and the agriculture commissioner. The governor and one member constitute a quorum for the transaction of business. The meetings of the commission must be held at such times and places a…
N.D.C.C. § 54-17-03 Chairman and attorney - Executive director - Employees - Compensation - Bonds
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The governor is the chairman of the industrial commission, and its attorney is the attorney general. The commission shall appoint an executive director and may employ other subordinate officers, employees, and agents, on such terms as the commission determines proper. The commiss…
N.D.C.C. § 54-17-04 Seal of commission
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The industrial commission shall adopt and procure an official seal and may authenticate therewith its documentary acts.
N.D.C.C. § 54-17-05 Orders of commission - Approval by majority
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All orders, rules, regulations, bylaws, and written contracts, adopted or authorized by the industrial commission, before becoming effective, must be approved by a majority of the commission.
N.D.C.C. § 54-17-06 Biennial report
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The industrial commission shall submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04. The report must contain a meaningful financial statement of each utility, industry, enterprise, and business project under its control.
N.D.C.C. § 54-17-07 Industries under the industrial commission - Income on deposits and investments
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The industrial commission shall operate, manage, control, and govern all utilities, industries, enterprises, and business projects established, owned, undertaken, administered, or operated by the state of North Dakota, except those carried on in penal, charitable, or educational …
N.D.C.C. § 54-17-07.1 Advisory board - Rules
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The industrial commission shall appoint a six-member advisory board consisting of representatives of lenders, the residential real estate industry, the mobile home and manufactured housing industry, and homeowners and buyers, and in consultation with such board may adopt rules an…
N.D.C.C. § 54-17-07.10 Housing acquisition program
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The industrial commission may establish a program or programs to provide housing for persons of low or moderate income, through the acquisition of residential real property and related personal property or interests therein through purchase, lease, gift, grant, bequest, or otherw…
N.D.C.C. § 54-17-07.11 Pledges
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Any pledge made by the industrial commission acting in its capacity as the state housing finance agency is valid and binding from the time the pledge is made. The money and property pledged and received by the industrial commission acting in its capacity as the state housing fina…
N.D.C.C. § 54-17-07.13 Criminal history record checks
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The executive director of the housing finance agency may require an applicant for employment to submit to a criminal history record check under section 12-60-24.
N.D.C.C. § 54-17-07.2 Definitions
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As used in sections 54-17-07.1 through 54-17-07.7 and section 54-17-07.10: 1. "Lenders" means any bank or trust company chartered by the state of North Dakota or any national banking association located in North Dakota, state or federal savings and loan association located in Nor…
N.D.C.C. § 54-17-07.3 Housing finance programs
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Acting in its capacity as a state housing finance agency, the industrial commission is authorized to establish the following housing finance programs: 1. Home mortgage finance program. A program or programs to provide financing or refinancing of loans made by lenders, including s…
N.D.C.C. § 54-17-07.4 Housing revenue bonds
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In order to fund its housing finance programs, the industrial commission is authorized to issue and refund revenue bonds or evidences of debt and indebtedness of the state. The principal of and interest on such bonds are payable only from revenues generated under the applicable h…
N.D.C.C. § 54-17-07.6 Acceptance of grants, contributions, loans, or other aid
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Acting in its capacity as a state housing finance agency, the industrial commission may contract for, accept, and administer any grant, contribution, or loan of funds, property, or other aid in any form from the federal government or from any other source, and may do all things n…
N.D.C.C. § 54-17-07.7 Terms of loans
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Notwithstanding any other provision of law, the industrial commission is authorized to require, as a condition of the origination of loans and mortgage loans made pursuant to any of its housing finance programs or purchase of loans and mortgage loans to be purchased by it, prepay…
N.D.C.C. § 54-17-07.8 Confidentiality of housing finance agency records
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The following records of the housing finance agency are confidential and are not public records: 1. Personal or financial information of a participant in any of the housing finance agency's programs, obtained directly or indirectly, except for routine credit inquiries or as requi…
N.D.C.C. § 54-17-07.9 Execution of instruments
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In the absence of any provision regulating the execution and acknowledgment of conveyances, transfers, assignments, releases, satisfactions, or other instruments affecting liens on, title to, or interest in real estate, the executive director or other staff as designated by the e…
N.D.C.C. § 54-17-08 Commission to make rules for its procedure - General powers of commission
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The industrial commission shall make rules and regulations for its own procedure. It may do any and all things necessary or expedient in conducting the business of the industries, utilities, enterprises, and business projects under its control.
N.D.C.C. § 54-17-09 Industrial commission to determine place of business of industries - Rules made by commission
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The industrial commission shall: 1. Determine the location of all utilities, industries, enterprises, and business projects established, owned, undertaken, administered, or operated by the state. 2. Make rules, regulations, orders, and bylaws for the management and operation, and…
N.D.C.C. § 54-17-10 Powers and duties of commission in operating industries
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In the management, operation, and control of all utilities, industries, enterprises, and business projects established, owned, undertaken, administered, or operated by the state, and to accomplish the purposes of this chapter, the industrial commission shall: 1. Acquire by purcha…
N.D.C.C. § 54-17-11 Manager and employees of industries - Commission to appoint - Compensation
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The industrial commission shall appoint a manager and all necessary subordinate officers and employees of and for each utility, industry, enterprise, and business project established, owned, undertaken, administered, or operated by the state. It may constitute such manager its ge…
N.D.C.C. § 54-17-12 Manager shall appoint necessary employees
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Subject to the control and regulation of the industrial commission, the manager of any utility, industry, enterprise, or business project established, owned, undertaken, administered, or operated by the state shall appoint and employ such deputies, assistants, and other subordina…
N.D.C.C. § 54-17-13 Compensation of employees and expenditures remain within appropriation
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The total compensation of the appointees and employees of each utility, industry, enterprise, or business project established, owned, undertaken, administered, or operated by the state, together with other expenditures for the operation and maintenance thereof, must remain within…
N.D.C.C. § 54-17-14 Removal and discharge of appointees
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The industrial commission may remove and discharge any and all persons appointed in the exercise of the powers granted by this chapter, whether by the commission or by any manager of any utility, industry, enterprise, or business project of the state. Any such removal may be made…
N.D.C.C. § 54-17-15 Commission to fix prices of things bought and sold by industry
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The industrial commission shall fix the buying prices of things bought, and the selling prices of things sold, incidental to any utility, industry, enterprise, or business project of the state, and shall fix the rates and charges for any and all services rendered thereby. In fixi…
N.D.C.C. § 54-17-16 Investigation conducted by commission
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The industrial commission shall conduct investigations of all matters directly or indirectly connected with, or bearing upon the success of, any of the utilities, industries, enterprises, and business projects under its management, and of all matters which directly or indirectly …
N.D.C.C. § 54-17-17 Witnesses not excused from testifying - Not subject to prosecution
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In an investigation made by the industrial commission under the provisions of this chapter, the claim that any testimony or evidence sought to be elicited or produced on the examination may tend to incriminate the person giving or producing it, or may expose the person to public …
N.D.C.C. § 54-17-18 Testimony transcribed and filed in office of commission - Public record
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The industrial commission shall cause the testimony taken at an investigation held under the provisions of this chapter to be transcribed and filed in the office of the commission, at the seat of government, within ten days after it is taken, or as soon thereafter as practicable.…
N.D.C.C. § 54-17-19 Failure to testify or produce evidence - Contempt
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Any person failing or refusing to obey the order of the industrial commission issued upon an investigation, or to give or produce evidence when required, must be reported by the commission to the district court or any judge thereof, and must be dealt with by the court or judge as…
N.D.C.C. § 54-17-20 Bonds issued by commission
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The industrial commission shall procure the necessary funds for utilities, industries, enterprises, and business projects under its control by negotiating the bonds of the state of North Dakota in such amounts and in such manner as may be provided by law.
N.D.C.C. § 54-17-24 State trusts created
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The industrial commission is hereby authorized and directed to acquire and to hold in one or more trusts all unpaid United States government guaranteed or reinsured student loans and North Dakota guaranteed student loans, belonging to the state of North Dakota or to any of its ag…
N.D.C.C. § 54-17-25 Bonds authorized - Establishment of secondary market program
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Whenever the industrial commission decides that it is in the public interest to diminish the investment of state funds in United States government guaranteed or reinsured or North Dakota guaranteed student loans, that it will be difficult to divest the state of appreciable amount…
N.D.C.C. § 54-17-26 Bonds eligible for investment - Sale of bonds
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Bonds issued under section 54-17-25 may be acquired and held by banks and by savings and loan associations of this state as well as by all public trust funds. They may be issued and sold at public or private sale or by negotiation as the industrial commission may direct and the c…
N.D.C.C. § 54-17-27 Grant program for home weatherization programs
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The industrial commission or its designee shall administer a home weatherization grant program to provide financial assistance to regional offices which administer the United States department of energy home weatherization program. Grant moneys must be used for direct consumer be…
N.D.C.C. § 54-17-28 Application for grants
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Each regional office which administers the United States department of energy home weatherization program may apply for the grants provided in section 54-17-27 and this section under such reasonable guidelines as may be adopted by the industrial commission or its designee. Each a…
N.D.C.C. § 54-17-32 Resources trust fund - Commission responsibilities
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1. The industrial commission may, within the limits of legislative appropriations, enter into contracts with institutions of higher education in this state, or with other parties, for the following purposes: a. Studies on the development of cogeneration systems. b. Studies on the…
N.D.C.C. § 54-17-33 State trust created - Agricultural mortgage secondary market
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The industrial commission may establish a trust for the purpose of participating as an agricultural mortgage marketing facility in the agricultural mortgage secondary market program established pursuant to the Agricultural Credit Act [Pub. L. 100-233; 101 Stat. 1686; 12 U.S.C. 22…
N.D.C.C. § 54-17-34 Definitions
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As used in sections 54-17-34 through 54-17-34.5: 1. "First-time farmer" means an individual who is a North Dakota resident who has not at any time had any direct or indirect ownership interest in substantial farmland in the operation of which the individual materially participate…
N.D.C.C. § 54-17-34.1 Farm finance program
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Acting as the farm finance agency, the industrial commission may establish the first-time farmer finance program to encourage first-time farmers to enter into and remain in the livelihood of agriculture and to provide first-time farmers a source of financing at favorable rates an…
N.D.C.C. § 54-17-34.2 First-time farmer participation
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The first-time farmer finance program is limited as required by applicable provisions of the Internal Revenue Code of 1986 and any regulations adopted thereunder, as amended, and under the first-time farmer finance program: 1. Financing may not be made to individuals with a net w…
N.D.C.C. § 54-17-34.3 Financing
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Financing may be accomplished by the issuance of evidences of indebtedness by the industrial commission acting as the farm finance agency and the entering into of a financing agreement between the industrial commission acting as the farm finance agency and lenders or individuals.…
N.D.C.C. § 54-17-34.4 Policies
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Before exercising any of its powers as the farm finance agency pursuant to subsection 2 of section 54-17-09, the industrial commission shall adopt policies and rules relating to any or all of the following: 1. Procedures and documentation for the submission of requests for financ…
N.D.C.C. § 54-17-34.5 Financing exempt from taxation - Exception
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Evidences of indebtedness issued under the provisions of the first-time farmer finance program, and the interest therefrom, is exempt from any taxes of the state, except inheritance, estate, and transfer taxes.
N.D.C.C. § 54-17-35 Governmental public purpose - Electricity transmission export constraint priority
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The legislative assembly finds and declares that it is an essential governmental function and public purpose to assist with the removal of electrical transmission export constraints and to assist with the upgrading and expansion of the region's electrical transmission grid in ord…
N.D.C.C. § 54-17-36 Lease of municipal waterworks and sewage systems
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Notwithstanding any other provision of law, the state, acting by and through its industrial commission, may enter agreements to lease all or part of, or an undivided or other interest in, the plant or equipment of any waterworks, mains, or water distribution system and any proper…
N.D.C.C. § 54-17-40 Housing incentive fund - Continuing appropriation - Report to budget section
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1. The housing incentive fund is a special fund in the state treasury administered by the housing finance agency. Moneys in the fund are appropriated to the housing finance agency on a continuing basis for assistance under subsection 3. Moneys in the fund may be transferred to th…
N.D.C.C. § 54-17-42 Report to legislative assembly or budget section on the fiscal impact of certain actions of the industrial commission
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If any order, regulation, or policy of the industrial commission to implement the provisions of chapter 38-08, excluding spacing unit orders, has a fiscal effect or estimated fiscal effect on the state in excess of twenty million dollars in a biennium, the industrial commission s…
N.D.C.C. § 54-17-43 Research technology park grant program - North Dakota state university - Report
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1. The industrial commission shall administer the research technology park grant program. Subject to legislative appropriations, the industrial commission shall distribute grant funding to the research technology park at North Dakota state university. The research technology park…