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North Dakota Statutes, Title 43

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North Dakota/Statutes

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Title 43, Occupations and Professions

99 chapters · 1,335 sections in this title.

All chapters in Title 431,335 Ch 43-15, Pharmacists55 Ch 43-11, Cosmetologists49 Ch 43-04, Barbers46 Ch 43-17, Physicians, Resident Physicians, and…39 Ch 43-10, Funeral Service Practitioners38 Ch 43-19.1, Professional Engineers and Land Surv…38 Ch 43-32, Psychologists36 Ch 43-09, Electricians35 Ch 43-23, State Real Estate Commission33 Ch 43-18, Plumbers32 Ch 43-28, Dentists31 Ch 43-13, Optometrists30 Ch 43-29, Veterinarians29 Ch 43-23.3, Real Estate Appraisers27

1,335 sections·Filtered byTitle 43✕

N.D.C.C. § 43-01-01 Board - Definition
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Whenever the word "board" is used in this chapter it means the abstracters' board of examiners.
N.D.C.C. § 43-01-02 Abstracters' board of examiners - Appointment - Term of office - Vacancies
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The abstracters' board of examiners shall consist of three members each of whom must be appointed by the governor for a term of six years, with the terms of office so arranged that one term and only one expires on March thirty-first of every odd-numbered year. One member of the b…
N.D.C.C. § 43-01-03 Officers of board - Power to administer oaths
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At the first meeting of the board subsequent to the thirty-first day of March in each odd-numbered year, the members of the board shall elect a president and secretary-treasurer. The president must be a member of the board. The secretary-treasurer may not be a member of the board…
N.D.C.C. § 43-01-04 Compensation
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A member of the board is entitled to receive compensation in an amount fixed by the board for each day or portion of a day the member is actually engaged in the performance of official duties and such mileage reimbursement as is provided for in section 54-06-09. In addition there…

Showing 1–50 of 1,335

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N.D.C.C. § 43-01-05 Duties of board - Power to make rules - Seal

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The board shall carry out the purposes and enforce the provisions of this chapter and shall make such rules and regulations as are necessary for the performance of its duties. The board shall have a seal.

N.D.C.C. § 43-01-06 Biennial report

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The board may submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04.

N.D.C.C. § 43-01-07 Moneys of board - How disbursed

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Moneys collected for the board under this chapter must be kept by the secretary-treasurer and disbursed only on warrants signed by the president and the secretary-treasurer. All expenses incident to the examinations required under this chapter, the expenses of preparing and issui…

N.D.C.C. § 43-01-08 Records of board

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The board shall keep a register wherein it shall enter the name of each applicant for registration under the provisions of this chapter, with the applicant's place of residence and such other information as may be appropriate, and the board shall cause to be entered therein the a…

N.D.C.C. § 43-01-09 Requirements of abstracter of title - Records - Certificate of registration bond or liability policy

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Before any person, firm, corporation, or limited liability company may engage in the business of making and compiling abstracts of title to real estate within this state, the person or it shall: 1. Have and maintain in such business a complete tract index and all instruments of r…

N.D.C.C. § 43-01-10 Certificate of registration - Application - Examination - Fee

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Any person, firm, corporation, or limited liability company desiring to obtain a certificate of authority under subsection 2 of section 43-01-09 shall make application therefor to the board and shall pay to the secretary-treasurer thereof an examination fee not exceeding the actu…

N.D.C.C. § 43-01-10.1 Conviction not bar to certification - Exceptions

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Conviction of an offense shall not disqualify a person, firm, corporation, or limited liability company from certification under this chapter unless the board determines that the offense has a direct bearing upon a person's ability to serve the public as an abstracter or that, fo…

N.D.C.C. § 43-01-11 Bonds or liability policy - Deductible policy permitted

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Before a certificate of authority may be issued, the applicant therefor shall file with the secretary-treasurer of the board a surety bond in favor of the state, or an abstracter's liability policy to be approved by the board as to form, sufficiency, and surety thereof and writte…

N.D.C.C. § 43-01-12 Board may require additional security on abstracter's bond

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The board, upon thirty days' notice, may require any person, firm, corporation, or limited liability company holding a certificate of authority to furnish additional bond or additional abstracter's liability coverage as to the board seems proper, and to show cause why any bond or…

N.D.C.C. § 43-01-13 Seal of abstracter

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Any person, firm, corporation, or limited liability company furnishing abstracts of title to real property under the provisions of this chapter shall have a seal which has stamped on it the name and location of such person, firm, corporation, or limited liability company. An impr…

N.D.C.C. § 43-01-14 Certification of authority - Fee - Renewal

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A certificate of authority must be issued to an applicant who successfully passes the examination of the board and complies with the other provisions of this chapter, upon the payment of the registration fee fixed by the board not exceeding one hundred dollars, which must be in a…

N.D.C.C. § 43-01-15 Authority and duty of abstracter under certificate

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The certificate of authority shall authorize the person, firm, corporation, or limited liability company named therein to engage in and carry on the business of an abstracter of real estate titles in the county in which the abstracter's place of business is located and for that p…

N.D.C.C. § 43-01-15.1 Surface abstracts and mineral abstracts to be furnished upon request - Zoning and subdivision exclusion upon request

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An abstracter shall furnish an abstract of title to the surface of any tract of land, when requested to do so, omitting therefrom all instruments of transfer or conveyance of mineral rights, royalties, and other mineral interests except instruments which sever mineral rights or r…

N.D.C.C. § 43-01-16 Cancellation or denial of certificate - Discipline

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The board, after receiving a written and signed complaint alleging a violation of any ground for discipline under this section and upon thirty days' notice, may require any person, firm, corporation, or limited liability company holding a certificate of authority, or any person h…

N.D.C.C. § 43-01-17 Appeal from cancellation of certificate

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Upon the denial of an application for a certificate of authority, or an applicant for a certificate of registered abstracter, or upon the cancellation of either a certificate of authority or a certificate of registered abstracter, the applicant or the holder thereof may appeal fr…

N.D.C.C. § 43-01-18 Fees chargeable by abstracter - Adjustments

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1. An abstracter may charge no more than the following fees for making and certifying to an abstract: a. For each entry on an abstract or continuation of an entry on an abstract, eighteen dollars. b. For a complete certification covering the records of the several county offices,…

N.D.C.C. § 43-01-19 County officers may certify abstracts

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This chapter does not prevent the recorder, county treasurer, or clerk of court from certifying to abstracts of title to lands from the records of their respective offices. Each officer, however, is liable on the officer's official bond for the faithful performance of all acts pe…

N.D.C.C. § 43-01-20 Penalty

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Any person making, compiling, or certifying to an abstract of title to real property in this state without first having complied with the provisions of this chapter is guilty of a class B misdemeanor.

N.D.C.C. § 43-01-21 Abstract prima facie evidence of title - When recorded

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If the records of deeds, mortgages, liens, judgments, and instruments of like nature in any county have been lost or destroyed, the abstract prepared by a regularly bonded abstracter of said county must be deemed prima facie evidence of title, and such regularly certified abstrac…

N.D.C.C. § 43-01-22 Abstract prepared by regularly bonded abstracter is evidence

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Abstracts prepared by an official abstracter must be received as evidence in all courts and are prima facie evidence in all courts and places of the facts stated therein.

N.D.C.C. § 43-01-23 Temporary authority of an abstracter to act in an additional county

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1. If it appears to the board that there is no abstracter authorized to engage in and carry on the business of an abstracter of real estate titles in a county or that there is an authorized abstracter in a county who is unable to perform the duties of an abstracter due to death, …

N.D.C.C. § 43-01-24 Utility easement documentation abstracts upon request

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Upon request, an abstracter shall furnish an abstract to title to the surface of any tract of land omitting documents that affect utility easements, except for the initial document severing the interest from the surface and a document limiting, modifying, or releasing the interes…

N.D.C.C. § 43-03-01 Definitions

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In this chapter, unless the context otherwise requires: 1. "Architect" means an individual who is registered as an architect under this chapter. 2. "Board" means the state board of architecture and landscape architecture. 3. "Landscape architect" means an individual who is regist…

N.D.C.C. § 43-03-02 Persons exempt from regulations

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1. The architect registration provisions of this chapter do not apply to: a. A person supervising the erection, enlargement, or alteration of a building; or b. A person preparing plans and specifications or designing, planning, or administering the construction contracts for the …

N.D.C.C. § 43-03-03 State board of architecture and landscape architecture - Members - Term of office - How vacancies filled

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1. The state board of architecture and landscape architecture consists of five members appointed by the governor for terms of six years each with terms of office staggered so no more than one term expires on March fourteenth of each year. 2. The board is composed of three archite…

N.D.C.C. § 43-03-04 Qualifications of members of board - Removal of members

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Each professional member of the board must be a resident of this state who is an architect or landscape architect and who has been a resident of and in active practice in this state for not less than five years before appointment. The public member of the board must be a resident…

N.D.C.C. § 43-03-05 Meetings of board - Officers elected

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1. The board shall hold regular meetings at least once each year, with the date and location set by the board. The board may meet as designated by a majority of the board. The board shall select from among its members a president and a secretary-treasurer. 2. The board may: a. Ad…

N.D.C.C. § 43-03-06 Salary of executive director - Expenses of board

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1. If the board appoints or contracts an executive director, the executive director is entitled to receive such salary as fixed by a resolution of the board adopted at a regular meeting, and is entitled to receive reimbursement for travel, lodging, and other expenses as are incur…

N.D.C.C. § 43-03-08 Board to adopt rules

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The board shall adopt rules: 1. To govern board proceedings. 2. For the examination of candidates for registration. 3. For the regulation of the practice of architecture and landscape architecture. 4. For education requirements of registration applicants. 5. For practical experie…

N.D.C.C. § 43-03-09 Prohibited acts - Injunction

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1. A person may not practice architecture in this state unless registered as an architect under this chapter or otherwise authorized by the board. A person may not practice landscape architecture in this state unless registered as a landscape architect under this chapter or other…

N.D.C.C. § 43-03-10 Regulation of use of titles

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1. A person may not use the title or designation "architect", "registered architect", "licensed architect", any variation of those terms, or any other words, letters, or device to indicate that person is an architect authorized to practice architecture in this state unless that p…

N.D.C.C. § 43-03-11 Application for examination - Fee

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Before an individual may take the examination for registration as an architect or a landscape architect, that individual shall make an application to the board submitting satisfactory evidence of having the required qualifications and shall pay an examination fee of not more than…

N.D.C.C. § 43-03-13 Qualifications

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An applicant for registration as an architect or landscape architect: 1. Must be at least eighteen years of age; 2. Must be of good moral character, with rejection possible on the basis of: a. Conviction of an offense determined by the board to have a direct bearing upon an appli…

N.D.C.C. § 43-03-14 Examination

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1. Before an applicant may be registered as an architect, the applicant shall pass satisfactorily an examination established by the board. 2. Before an applicant may be registered as a landscape architect, the applicant shall pass satisfactorily an examination established by the …

N.D.C.C. § 43-03-15 When examination not necessary

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The board may admit a nonresident applicant seeking to register to practice architecture or landscape architecture in North Dakota without requiring the applicant to pass an examination if the applicant is licensed or registered to practice architecture or landscape architecture …

N.D.C.C. § 43-03-16 Result of examinations recorded - List of certificate holders

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The result of every examination for registration as an architect or a landscape architect and the evidence of qualifications must be recorded by the secretary-treasurer of the board. The secretary-treasurer of the board shall maintain a list of architects and landscape architects…

N.D.C.C. § 43-03-17 Certificates of registration - Term

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An initial certificate of registration as an architect or a landscape architect expires on June thirtieth of the year following the date of issuance. A renewed certificate of registration is valid for two years.

N.D.C.C. § 43-03-18 Fees

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1. The following fees apply to architects and landscape architects: a. Following examination, a registration fee of not more than three hundred dollars, as set by the board. b. When examination is not necessary under section 43-03-15, a registration fee of not more than three hun…

N.D.C.C. § 43-03-19 Renewal - Forfeiture

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1. A holder of a certificate of registration as an architect or a landscape architect shall apply to renew the certificate and pay the associated renewal fee or a special fee when due. Application for renewal must be accompanied by evidence satisfactory to the board of compliance…

N.D.C.C. § 43-03-20 Revocation, denial, or suspension of registration

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If the board revokes, denies, or suspends the certificate of registration or application of a certificate holder or applicant for certificate, the certificate holder or applicant has a right to a hearing before the board on such contemplated disciplinary action and has a right to…

N.D.C.C. § 43-03-21 Penalty

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Any person willfully violating this chapter is guilty of a class B misdemeanor.

N.D.C.C. § 43-03-22 Stamp

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At the time of the issuance of the certificate of registration, the board shall require the certificate holder to acquire, at the certificate holder's expense, a stamp or indicia to be used by the certificate holder in the conduct of the certificate holder's practice and to be im…

N.D.C.C. § 43-03-23 Liability for contractor's fault - Liability for own negligence

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An architect or a landscape architect is not liable for the safety of persons or property on or about a construction project site, or for the construction techniques, procedures, sequences and schedules or for the conduct, action, errors, or omissions of any construction contract…

N.D.C.C. § 43-04-01 Definitions

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In this chapter, unless the context or subject matter otherwise requires: 1. "Board" means the board of barber examiners. 2. "Licensed barber" means a licensee who has: a. Met the requirements defined in sections 43-04-31 and 43-04-32; and b. Passed the examination required in se…

N.D.C.C. § 43-04-02 Declaration of policy

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It is hereby declared that the practice of barbering, by reason of the personal contacts exercised therein, is a business affecting the public health, public welfare, and public safety, that immediate public supervision and control of said occupation in the exercise of the police…

N.D.C.C. § 43-04-03 Exemptions

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1. The following individuals, when engaged in the proper discharge of their occupational duties, are exempt from the provisions of this chapter: a. Individuals authorized by the laws of this state to practice medicine and surgery. b. Commissioned medical or surgical officers of t…