Title 54 — State Government

As used in this chapter, unless the context otherwise requires: 1. "Complainant" means an individual who, in writing or verbally, submits a complaint to the commission and is: a. A North Dakota resident; b. Subject to licensing by a state agency or other public official subject t…

1. A lobbyist who expends an amount greater than two hundred dollars to lobby shall file with the secretary of state a report that includes the known ultimate and true source of funds for the expenditure. The report must be filed with the lobbyist expenditure report required unde…

1. A lobbyist may not give, offer, solicit, initiate, or facilitate a gift knowingly to a public official, and a public official may not accept a gift from a lobbyist knowingly. 2. The prohibition in subsection 1 does not apply when a lobbyist gives, offers, solicits, initiates, …

The commission may delegate duties to the commission's executive director as necessary to assure the efficient administration of the commission's responsibilities. Delegation of duties to the executive director must be made through rules adopted by the commission at a public meet…

1. In response to a request from a public official, candidate for elected office, or lobbyist, the ethics commission may provide a written advisory opinion regarding the application of the following to specified hypothetical facts or prospective conduct: a. Article XIV of the Con…

1. A complaint may be made to the commission orally or in writing. If a complainant does not provide the complainant's name, address, and telephone number with the complaint, the ethics commission may not investigate or take other action regarding the complaint. The commission sh…

The commission shall attempt to negotiate or mediate an informal resolution between the respondent and the complainant unless the commission summarily dismissed the complaint under section 54-66-05. The respondent may be accompanied by legal counsel in a negotiation or mediation.…

1. If an informal resolution is not reached under section 54-66-07, the ethics commission may: a. Dismiss the complaint; b. Require ethics commission staff to investigate the allegations in the complaint; or c. Engage an outside investigator to investigate allegations in the comp…

1. An investigator, other than a law enforcement agency, of a complaint shall provide written findings of the investigation to the ethics commission within a reasonable amount of time. The ethics commission shall provide copies of the written findings and evidence considered to t…

A respondent may appeal a finding of the ethics commission to the district court of the county where the respondent resides.

The commission shall adopt rules for the efficient and timely disposition of complaints from receipt to resolution.

When adopting rules, the ethics commission shall follow the provisions in chapter 28-32 which are specifically applicable to the commission.

1. The following information is a confidential record as defined in section 44-04-17.1, unless the commission has determined the respondent violated article XIV of the Constitution of North Dakota, this chapter, or another law or rule regarding transparency, corruption, elections…

A knowing violation of subsection 2 of section 2 of article XIV of the Constitution of North Dakota is a class A misdemeanor. The ethics commission shall assess a civil penalty of up to one thousand dollars on any individual who knowingly violates the subsection.

The attorney general shall serve as legal counsel for the commission unless the commission objects to representation by the attorney general in a specific matter. When a conflict of interest prevents the attorney general from providing legal services to the commission, the attorn…

A lobbyist may not deliver knowingly a campaign contribution made by another person in violation of subsection 3 of section 2 of article XIV of the Constitution of North Dakota. For a first violation, the commission may assess a civil penalty of five hundred dollars upon any indi…

1. An ethics commission member may be removed from office for: a. Substantial neglect of duty; b. Gross misconduct in office; c. Violation of the commission's code of ethics; or d. Willful or habitual neglect or refusal to perform the duties of the member. 2. Removal of an ethics…

For purposes of subsection 5 of section 2 of article XIV of the Constitution of North Dakota, an individual is not disqualified from participating in any capacity in a quasi-judicial proceeding, including an adjudicative proceeding under chapter 28-32, due to an investment in a m…

1. Each legislative assembly shall adopt conflict of interest rules. The rules must: a. Require the disclosure by a member of a potential conflict of interest relating to any bill in which the member may have a unique and individual interest. b. Ensure a mechanism is in place to …

1. The ethics commission shall prepare an annual report each fiscal year. The ethics commission shall make the annual report available on its public website within sixty days of the end of each fiscal year. 2. The annual report must include: a. The number of complaints received b…