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, …

1. The terms of the initial members of the ethics commission must be staggered to ensure no more than two members' terms expire in one year. The terms of the initial members may be less than four years to accommodate the required staggering of terms. 2. Unless the complaint at is…

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…

1. Within thirty calendar days, the commission shall inform a respondent of the complaint. Subject to the confidentiality requirements set forth in section 54-66-05, the respondent will be provided with the written complaint or written summary of the oral complaint, witness state…

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…

As used in this chapter: 1. "Amber alert notice" means an urgent bulletin using the emergency alert system to air a description of a child who has been abducted. 2. "Blue alert notice" means an urgent bulletin using the emergency alert system to air a description of an individual…

1. A law enforcement agency may request the bureau of criminal investigation or the superintendent of the highway patrol to activate an amber alert notice, a blue alert notice, a missing and endangered persons alert notice, a feather alert notice, or a silver alert notice. 2. The…

The bureau of criminal investigation and the highway patrol, in cooperation with a representative of each federally recognized tribe in this state, shall present reports and findings at an annual public meeting with tribal leaders.

1. An amber alert notice may not be activated unless: a. The abduction involves a child seventeen years of age or younger; b. The law enforcement agency investigating the abduction has confirmed the child is believed to be in grave danger of serious bodily harm or death; and c. T…

As used in this chapter: 1. "Agency permit" means temporary authorization given by the office to an employee of a professional guardianship or professional conservatorship entity which allows the permitholder to provide guardianship or conservatorship services as an agent of the …

1. The office of guardianship and conservatorship is established, consisting of the operations committee, office staff, and review board. 2. The office, in its capacity of supervising and directing guardianship and conservatorship, shall operate independently of any state agency …

1. A guardianship and conservatorship operations committee is created to oversee the operation of the office. The operations committee shall: a. Appoint an office director and investigation counsel who serve at the will of the operations committee. b. Oversee and provide consent …

1. The powers and duties of the director of the office of guardianship and conservatorship include: a. Within the limits of legislative appropriations, to employ the necessary staff to provide services in accordance with this chapter. b. To contract with guardians to administer s…

1. A guardianship and conservatorship review board is created to conduct disciplinary proceedings and issue sanctions for a guardian or conservator. The guardianship and conservatorship review board shall consist of: a. One member representing guardians, appointed by the guardian…

There is created in the state treasury the guardianship and conservatorship support fund. The fund consists of all moneys transferred to the fund by the legislative assembly, interest upon moneys in the fund, fee collections, donations, grants, and other contributions received fo…

1. For purposes of this chapter, confidential records as defined under section 44-04-17.1 include: a. Identifiable information that may reasonably be used to identify a guardian, conservator, complainant, or an individual applying for or receiving services; and b. A report concer…

1. A person may not serve as a guardian or a conservator for three or more adult individuals at the same time unless that person is a licensed guardian or a licensed conservator or has an agency permit. This subsection does not apply to an individual appointed as a guardian or co…

1. A person who in good faith provides information or testimony regarding a guardian's or conservator's misconduct or lack of professionalism is not subject to civil liability. 2. An employee of the office, a member of the review board, or an agent of the review board acting in g…

1. The office may revoke or suspend a guardian or a conservator license. 2. Upon receipt of any report or complaint, the office shall assess the need for an investigation of the report or complaint. For the purpose of investigating a report or complaint: a. The office or operatio…

1. The attorney general may act as legal counsel in any particular investigation or proceeding under section 54-12-02. The attorney general shall appear and defend any officer or employee of the office and any member of the review board in any action founded on an act or omission…

1. A state or local governmental entity and its officers and employees, and the officials, officers, and employees of the courts of this state shall disclose records and information requested by the review board or investigation counsel or any authorized representative of the rev…

1. An individual is obliged to attend as a witness in any investigation or disciplinary proceeding commenced under this chapter. 2. If an individual refuses to attend, testify, or produce any writings or things required by subpoena, the office, review board, or investigation coun…

1. The office has a preferred claim against the estate of an individual or an individual's spouse for recovery of funds expended under this chapter for the care of that individual or the individual's spouse. All funds recovered under this chapter must be deposited in the general …

A court of this state may refer cases to the office. The court may adopt court rules as necessary to facilitate case management with the district courts, the office, and the review board.

In this chapter, unless the context otherwise requires: 1. "Chief information officer" means the chief information officer of the information technology department. 2. "Commissioner" means the commissioner of the department of commerce. 3. "Committee" means the advanced technolog…

1. The advanced technology review committee consists of: a. The chief information officer or a designee within the information technology department; b. The vice chancellor for information technology or a designee within the North Dakota university system; c. One individual from …

1. The department shall administer the advanced technology grant program to provide grants for activities identified in this chapter. The department shall provide administrative support for the program, including the drafting of application forms, receiving applications, reviewin…

The advanced technology grant fund is a special fund in the state treasury administered by the department. Moneys in the fund must be used for providing grants and for the payment of committee and department administrative expenses incurred related to the requirements of this cha…

Upon completion of work performed from funding provided by an advanced technology grant, the department shall conduct an independent review of the results. Evaluation criteria may include how the work performed has: 1. Contributed to development of an advanced technology product …