N.D. Cent. Code § 44-09-17.2 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-17.2
44-09-17.2. Corporations and limited liability companies to produce books and records - Penalty
Status: in_force

44-09-17.2. Corporations and limited liability companies to produce books and

records - Penalty.

All corporations and limited liability companies, and all officers, managers, agents, and

employees of all corporations and limited liability companies, licensed or authorized to do

business within this state by any licensing or supervisory authority of this state shall be required

to obey all subpoenas and orders to produce issued by the authority of the board of managers

at any place within the county where they may have their principal office or any other office

which may have evidence, records and documents desired by the board of managers, whether

within or without the state, and in case of the failure or refusal of any such corporation or limited

liability company or any of its officers, managers, agents, or servants to obey any such

subpoena or order to produce, or to appear and testify under oath or affirmation concerning the

matters requested, the board of managers shall forthwith make a report of the facts of such

failure or refusal to the supervising or licensing authority of this state, and it shall thereupon be

the mandatory duty of such supervisory or licensing authority or officer to give said corporation

or limited liability company ten days' notice in writing by registered or certified mail of the

authority's or officer's intention to cancel the license or authority of said corporation or limited

liability company to do business within this state, and at the expiration of said ten-day period

said licensing or supervisory authority shall hear evidence only upon the question of the failure

or refusal to obey such subpoena or order to produce, and if the evidence shall show such

refusal or failure, the license and authority of said corporation or limited liability company to do

business in this state shall be forthwith canceled and revoked.
N.D. Cent. Code § 44-02-02 — ND Code / Title 44 / Chapter 44-02 / Section 44-02-02
44-02-02. Resignations of officers - To whom made
Status: in_force

44-02-02. Resignations of officers - To whom made

The resignation of an officer must be in writing and must be made as follows:

1. The governor and lieutenant governor, to the legislative assembly, if it is in session,

and if not, to the secretary of state.

2. Any other state or district officer, to the governor.

3. A member of the legislative assembly, to the presiding officer of the branch of which

the individual is a member, when in session, and when not in session, to the chairman

of the legislative management. When made to the presiding officer, the presiding

officer at once shall notify the chairman of the legislative management of the

resignation.

4. An officer of the legislative assembly, to the branch of which the individual is an officer.

5. An elective county officer, by filing or depositing the resignation in the office of the

county auditor, except that the resignation of the county auditor must be filed or

deposited with the board of county commissioners. Any resignation under this

subsection, unless a different time is fixed therein, takes effect upon the filing or

deposit.

6. An officer of a civil township, to the board of supervisors of the township, except that a

member of the board shall submit the member's resignation to the township clerk, and

the township clerk forthwith shall give to the county auditor notice of the resignation of

all officers whose bonds are filed with that officer.

7. A member of a school board, to the business manager of the district.

8. Any officer holding office by appointment, to the body, board, court, or officer which

appointed the officer.
N.D. Cent. Code § 44-02-06 — ND Code / Title 44 / Chapter 44-02 / Section 44-02-06
44-02-06. Vacancy in township office - How filled
Status: repealed

44-02-06. Vacancy in township office - How filled

Repealed by S.L. 1955, ch. 342, § 2.
N.D. Cent. Code § 44-09-15 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-15
44-09-15. Subordinate officers of the court of impeachment
Status: in_force

44-09-15. Subordinate officers of the court of impeachment

The senate sitting as a court of impeachment has power, from time to time, to appoint such

subordinate officers, clerks, and reporters as may be necessary for the convenient transaction

and dispatch of business, and at any time may remove such officers or any of them.
N.D. Cent. Code § 44-04-21 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-21
44-04-21. Open voting at public meetings required - Results recorded in minutes
Status: in_force

44-04-21. A public servant as defined in section 12.1-01-04 who knowingly violates section

44-04-18, 44-04-19, 44-04-19.2, 44-04-20, or 44-04-21 is guilty of an offense under section

12.1-11-06.
N.D. Cent. Code § 44-08-15 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-15
44-08-15. Violation and penalty
Status: repealed

44-08-15. Violation and penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 44-06.1-21 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-21
44-06.1-21. Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public
Status: in_force

44-06.1-21. Grounds to deny, refuse to renew, revoke, suspend, or condition

commission of notary public.

1. The secretary of state may deny or refuse to renew a notary public commission, or

may revoke, suspend, or condition a notary public commission for any act or omission

that demonstrates an individual lacks the honesty, integrity, competence, or reliability

to act as a notary public, including:

a. Failure to comply with the requirements of this chapter;

b. Fraudulent, dishonest, or deceitful misstatement or omission in the application for

a commission as a notary public submitted to the secretary of state;

c. A conviction of the notary public or applicant of any felony or a crime involving

fraud, dishonesty, or deceit;

d. A finding against, or admission of liability by, the applicant or notary public in any

legal proceeding or disciplinary action based on the applicant's or notary public's

fraud, dishonesty, or deceit;

e. Failure by the notary public to discharge any duty or responsibility required of a

notarial officer, whether by any provision in this chapter, any rules of the secretary

of state, or any federal or state law;

f. Use of false or misleading advertising or representations by the notary public

representing that the notary public has duties, rights, or privileges that a notary

public does not have;

g. Violation by the notary public of any rule of the secretary of state regarding a

notary public;

h. Denial, refusal to renew, revocation, suspension, or conditioning of a notary

public commission in another state; or

i. Failure of the notary public to maintain an assurance as provided in section

44-06.1-20.

2. If an applicant for a commission as a notary public is denied the commission or a

commission is revoked or suspended, the applicant or notary public is entitled to timely

notice and hearing in accordance with chapter 28-32. The notice may provide that the

person may not perform any notarial acts during the pendency of the revocation

proceeding. A notary whose commission is revoked may be denied a new commission

for a period of up to four years following the date of revocation.

3. The authority of the secretary of state to deny, suspend, refuse to renew, or revoke a

notary public's commission does not prevent the secretary of state or an aggrieved

person from seeking and obtaining other remedies provided by law, whether criminal

or civil.

4. A notary public who exercises the duties of a notary's office with knowledge that the

notary's commission has expired or has been revoked or that the notary is disqualified

otherwise or any other person who acts as a notary or performs a notarial act without a

lawful notary commission is guilty of an infraction, and, if appropriate, the notary's

commission must be revoked by the secretary of state using the procedure under

5. The secretary of state may impose a lesser sanction for a violation of any provision of

this chapter if determined appropriate by the secretary of state under the pertinent

facts and circumstances. A lesser sanction includes imposition of a civil penalty not to

exceed five hundred dollars or a letter of reprimand. Any civil penalty collected by the

secretary of state must be deposited in the secretary of state's general services

operating fund.

6. Any person may file a complaint with the secretary of state seeking denial, revocation,

or suspension of a commission issued or to be issued by the secretary of state. The

secretary of state shall provide a complaint form. The complainant shall use that form

and the form must be verified under oath by the complainant or duly authorized officer

of the complainant. If the secretary of state determines that a complaint alleges facts

that, if true, would require denial, revocation, or suspension of a commission, the

secretary of state shall initiate a hearing without undue delay. If the secretary of state

determines a complaint does not state facts warranting a hearing, the secretary of

state may dismiss the complaint. The secretary of state may initiate a hearing for

denial, revocation, or suspension of a commission on the secretary of state's own

motion.

7. Any person whose commission has been revoked or suspended may apply to the

secretary of state for reinstatement of the commission or termination of the

suspension.
N.D. Cent. Code § 44-06.1-01 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-01
44-06.1-01. Definitions
Status: in_force

44-06.1-01. Definitions

As provided in this chapter:

1. "Acknowledgment" means a declaration by an individual before a notarial officer that

the individual has signed a record for the purpose stated in the record and, if the

record is signed in a representative capacity, that the individual signed the record with

proper authority and signed it as the act of the individual or person identified in the

record.

2. "Electronic" means relating to technology having electrical, digital, magnetic, wireless,

optical, electromagnetic, or similar capabilities.

3. "Electronic signature" means an electronic symbol, sound, or process attached to or

logically associated with a record and executed or adopted by an individual with the

intent to sign the record.

4. "In a representative capacity" means acting as:

a. An authorized officer, agent, partner, trustee, or other representative for a person

other than an individual;

b. A public officer, personal representative, guardian, or other representative, in the

capacity stated in a record;

c. An agent or attorney in fact for a principal; or

d. An authorized representative of another in any other capacity.

5. "Notarial act" means an act, whether performed with respect to a tangible or electronic

record, that a notarial officer may perform under the law of this state. The term

includes taking an acknowledgment, administering an oath or affirmation, taking a

verification on oath or affirmation, witnessing or attesting a signature, certifying or

attesting a copy except as provided in subsection 7 of section 44-06.1-23, and noting a

protest of a negotiable instrument.

6. "Notarial officer" means a notary public or other individual authorized to perform a

notarial act.

7. "Notary public" means an individual commissioned to perform a notarial act by the

secretary of state.

8. "Official stamp" means a physical image affixed to a tangible record or an electronic

image attached to or logically associated with an electronic record.

9. "Person" means an individual, corporation, business trust, statutory trust, estate, trust,

partnership, limited liability company, association, joint venture, public corporation,

government or governmental subdivision, agency, or instrumentality, or any other legal

or commercial entity.

10. "Record" means information that is inscribed on a tangible medium or that is stored in

an electronic or other medium and is retrievable in perceivable form.

11. "Sign" means, with present intent to authenticate or adopt a record:

a. To execute or adopt a tangible symbol; or

b. To attach to or logically associate with the record an electronic symbol, sound, or

process.

12. "Signature" means a tangible symbol or an electronic signature that evidences the

signing of a record.

13. "Stamping device" means:

a. A physical device capable of affixing to a tangible record an official stamp; or

b. An electronic device or process capable of attaching to or logically associating

with an electronic record an official stamp.

14. "Verification on oath or affirmation" means a declaration, made by an individual on

oath or affirmation before a notarial officer, that a statement in a record is true.
N.D. Cent. Code § 44-01-11 — ND Code / Title 44 / Chapter 44-01 / Section 44-01-11
44-01-11. Approval of fidelity bonds
Status: in_force

44-01-11. Approval of fidelity bonds

No officer or board charged by law with the duty of approving official bonds may approve

any bond made in violation of this chapter. No bond given or approved in contravention of

section 44-01-14 may be held to be invalid by reason thereof.
N.D. Cent. Code § 44-04-18.4 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.4
44-04-18.4. Confidentiality of trade secret, proprietary, commercial, financial, and research information
Status: in_force

44-04-18.4. Confidentiality of trade secret, proprietary, commercial, financial, and

research information.

1. Trade secret, proprietary, commercial, and financial information is confidential if it is of

a privileged nature and it has not been previously publicly disclosed.

2. Under this section, unless the context otherwise requires:

a. "Commercial information" means information pertaining to buying or selling of

goods and services that has not been previously publicly disclosed and that if the

information were to be disclosed would impair the public entity's future ability to

obtain necessary information or would cause substantial competitive injury to the

person from which the information was obtained.

b. "Financial information" means information pertaining to monetary resources of a

person that has not been previously publicly disclosed and that if the information

were to be disclosed would impair the public entity's future ability to obtain

necessary information or would cause substantial competitive injury to the person

from which the information was obtained.

c. "Proprietary information" includes:

(1) Information shared between a sponsor of research or a potential sponsor of

research and a public entity conducting or negotiating an agreement for the

research.

(2) Information received from a private business that has entered or is

negotiating an agreement with a public entity to conduct research or

manufacture or create a product for potential commercialization.

(3) A discovery or innovation generated by the research information, technical

information, financial information, or marketing information acquired under

activities described under paragraph 1 or 2.

(4) A document specifically and directly related to the licensing or

commercialization resulting from activities described under paragraph 1, 2,

or 6.

(5) Technical, financial, or marketing records that are received by a public entity,

which are owned or controlled by the submitting person, are intended to be

and are treated by the submitting person as private, and the disclosure of

which would cause harm to the submitting person's business.

(6) A discovery or innovation produced by the public entity that an employee or

the entity intends to commercialize.

(7) A computer software program and components of a computer software

program that are subject to a copyright or a patent and any formula, pattern,

compilation, program, device, method, technique, or process supplied to a

public entity that is the subject of efforts by the supplying person to maintain

its secrecy and that may derive independent economic value, actual or

potential, from not being generally known to, and not being readily

ascertainable by proper means by, other persons that might obtain

economic value from its disclosure or use.

(8) A discovery or innovation that is subject to a patent or a copyright, and any

formula, pattern, compilation, program, device, combination of devices,

method, technique, technical know-how or process that is for use, or is

used, in the operation of a business and is supplied to or prepared by a

public entity that is the subject of efforts by the supplying or preparing

person to maintain its secrecy and provides the preparing person an

advantage or an opportunity to obtain an advantage over those who do not

know or use it or that may derive independent economic value, actual or

potential, from not being generally known to, and not being readily

ascertainable by proper means by, a person that might obtain economic

value from its disclosure or use.

d. "Trade secret" means information, including a formula, pattern, compilation,

program, device, method, technique, technical know-how, or process, that:

(1) Derives independent economic value, actual or potential, from not being

generally known to, and not being readily ascertainable by proper means by,

other persons that can obtain economic value from its disclosure or use; and

(2) Is the subject of efforts that are reasonable under the circumstances to

maintain the secrecy of the information.

3. This section does not limit or otherwise affect a record pertaining to any rule of the

department of health and human services or department of environmental quality or to

any record pertaining to the application for a permit or license necessary to do

business or to expand business operations within this state, except as otherwise

provided by law.

4. This section does not limit the release or use of records obtained in an investigation by

the attorney general or other law enforcement official.

5. Unless made confidential under subsection 1, the following economic development

records and information are exempt:

a. Records and information pertaining to a prospective location of a business or

industry, including the identity, nature, and location of the business or industry,

when no previous public disclosure has been made by the business or industry of

the interest or intent of the business or industry to locate in, relocate within,

expand within this state, or partner with a public entity to conduct research or to

license a discovery or innovation. This exemption does not include records

pertaining to the application for permits or licenses necessary to do business or to

expand business operations within this state, except as otherwise provided by

law.

b. Trade secrets and proprietary, commercial, or financial information received from

a person that is interested in applying for or receiving financing, technical

assistance, or other forms of business assistance.

6. Unless made confidential under subsection 1 or made exempt under subsection 5:

a. Bids received by a public entity in response to an invitation for bids by the public

entity are exempt until all of the bids have been received and opened by the

public entity.

b. Proposals received by a public entity in response to a request for proposals are

exempt records until a notice of intent to award is issued.

7. Unless made confidential under subsection 1, records received or distributed by the

state department of emergency services under chapter 37-17.1 and the state local

intelligence center from the federal government and any public or private agency or

entity for emergency or disaster prevention, protection, mitigation, response, and

recovery, or for cyber or physical threat are exempt. Records in the possession or

under the control of a public entity which relate to cybersecurity information or critical

infrastructure, the disclosure of which may expose or create vulnerability of critical

infrastructure systems; or the safeguarding of telecommunications, electric, water,

sanitary sewage, storm water drainage, energy, fuel supply, hazardous liquid, natural

gas, coal, or other critical infrastructure system, are exempt.

a. Upon receipt of a request for records under this subsection which originated in a

federal agency or entity and are in the possession of the state department of

emergency services, state local intelligence center, or other public entity, the

requester must be referred to the federal agency or entity from which the records

originated to submit an application under the applicable federal laws or rules.

b. For purposes of this section, "cybersecurity" means processes or capabilities that

protect and defend systems, communications, and information from exploitation

and unauthorized use or modification.

c. For purposes of this section, "critical infrastructure" has the same meaning as in

subdivision a of subsection 2 of section 44-04-24.

8. Unless made confidential under subsection 1, university research records are exempt.

"University research records" means data and records, other than a financial or

administrative record, produced or collected by or for faculty or staff of an institution

under the control of the state board of higher education in the conduct of or as a result

of study or research on an educational, commercial, scientific, artistic, technical, or

scholarly issue, regardless of whether the study or research was sponsored by the

institution alone, or in conjunction with a governmental or private entity, provided the

information has not been publicly released, published, or patented.

9. Personally identifiable study information is confidential. "Personally identifiable study

information" means information about an individual participating in a human research

study or project at an institution under the control of the state board of higher

education which requires prospective institutional review board review or a

determination of exemption, if the information can be used to distinguish or trace the

individual's identity, or is linked or linkable to the individual. Examples of personally

identifiable study information include name, maiden name, mother's maiden name,

alias, personal identification number, social security number, passport number, driver's

license number, taxpayer identification number, financial account or credit card

number, address, electronic mail address, photographic images, fingerprints,

handwriting, and other biometric data. Information about participants in human

subjects research which does not constitute personally identifiable study information

but is part of a human subjects research study or project at an institution under the

control of the state board of higher education requiring prospective institutional review

board review or a determination of exemption is a university research record under

subsection 8.

10. Subsections 8 and 9 do not apply to a student record or other information disclosed by

an institution under the control of the state board of higher education to the statewide

longitudinal data system.
N.D. Cent. Code § 44-10-18 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-18
44-10-18. Hearing - Evidence - Determination of issues
Status: in_force

44-10-18. Hearing - Evidence - Determination of issues

On the day named in said notice or on some subsequent day not more than thirty days from

that on which the accusation was presented, to be fixed by the judge, the court must proceed to

hear the accusation and evidence offered in support of the same, and the answer, if any is

made, and the evidence offered by the party accused. The court may try and determine the

issues unless the accused requires that they be submitted to a jury.
N.D. Cent. Code § 44-04-28 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-28
44-04-28. Social security numbers - Confidential
Status: in_force

44-04-28. Social security numbers - Confidential

1. Social security numbers in the possession of a public entity are confidential. However,

social security numbers may be released as authorized in this section or by other state

or federal law.

2. A social security number may be released:

a. For purposes of participation in retirement or other employment benefits

programs;

b. As authorized by the individual to whom the social security number is assigned,

that individual's lawful agent or guardian, or by order of a court; or

c. To another public entity or its agents, employees, or contractors if disclosure is

necessary for the receiving entity to perform its duties and responsibilities. The

receiving governmental entity and its agents, employees, and contractors shall

maintain the confidential status of the numbers.
N.D. Cent. Code § 44-06.1-13.1 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-13.1
44-06.1-13.1. Notarial act performed for remotely located individual
Status: in_force

44-06.1-13.1. Notarial act performed for remotely located individual

1. As used in this section, unless the context otherwise requires:

a. "Communication technology" means an electronic device or process that:

(1) Allows a notary public and a remotely located individual to communicate

with each other simultaneously by sight and sound; and

(2) When necessary and consistent with other applicable law, facilitates

communication with a remotely located individual who has a vision, hearing,

or speech impairment.

b. "Foreign state" means a jurisdiction other than the United States, a state, or a

federally recognized Indian tribe.

c. "Identity proofing" means a process or service by which a third person provides a

notary public with a means to verify the identity of a remotely located individual by

a review of personal information from public or private data sources.

d. "Outside the United States" means a location outside the geographic boundaries

of the United States, Puerto Rico, the United States Virgin Islands, and any

territory, insular possession, or other location subject to the jurisdiction of the

United States.

e. "Remotely located individual" means an individual who is not in the physical

presence of the notary public who performs a notarial act under subsection 3.

2. A remotely located individual may comply with section 44-06.1-05 by using

communication technology to appear before a notary public.

3. A notary public located in this state may use communication technology to perform a

notarial act for a remotely located individual if:

a. The notary public:

(1) Has personal knowledge under subsection 1 of section 44-06.1-06 of the

identity of the remotely located individual;

(2) Has satisfactory evidence of the identity of the remotely located individual by

oath or affirmation from a credible witness appearing before the notary

public under subsection 2 of section 44-06.1-06 or this section; or

(3) Has obtained satisfactory evidence of the identity of the remotely located

individual by using at least two different types of identity proofing;

b. The notary public is able reasonably to confirm that a record before the notary

public is the same record in which the remotely located individual made a

statement or on which the individual executed a signature;

c. The notary public, or a person acting on behalf of the notary public, creates an

audiovisual recording of the performance of the notarial act; and

d. For a remotely located individual located outside the United States:

(1) The record:

(a) Is to be filed with or relates to a matter before a public official or court,

governmental entity, or other entity subject to the jurisdiction of the

United States; or

(b) Involves property located in the territorial jurisdiction of the United

States or involves a transaction substantially connected with the

United States; and

(2) The act of making the statement or signing the record is not prohibited by

the foreign state in which the remotely located individual is located.

4. A notary public located in this state may use communication technology under

subsection 3 to take an acknowledgment of a signature on a tangible record physically

present before the notary public if the record is displayed to and identified by the

remotely located individual during the audiovisual recording under subdivision c of

subsection 3.

5. The requirement under subdivision b of subsection 3 for the performance of a notarial

act with respect to a tangible record not physically present before the notary public is

satisfied if:

a. The remotely located individual:

(1) During the audiovisual recording under subdivision c of subsection 3, signs:

(a) The record; and

(b) A declaration, in substantially the following form, that is part of or

securely attached to the record:

I declare under penalty of perjury that the record of which this

declaration is a part or to which it is attached is the same record

on which (name of notary public), a notary public, performed a

notarial act and before whom I appeared by means of

communication technology on (date).

_____________________________

Signature of remotely located individual

_____________________________

Printed name of remotely located individual; and

(2) Sends the record and declaration to the notary public not later than three

days after the notarial act was performed; and

b. The notary public:

(1) In the audiovisual recording under subdivision c of subsection 3, records the

individual signing the record and declaration; and

(2) After receipt of the record and declaration from the individual, executes a

certificate of notarial act under section 44-06.1-14 which must include a

statement in substantially the following form:

I (name of notary public) witnessed, by means of communication

technology, (name of remotely located individual) sign the attached

record and declaration on (date).

6. A notarial act performed in compliance with subsection 5 complies with subdivision a

of subsection 1 of section 44-06.1-14 and is effective on the date the remotely located

individual signed the declaration under subparagraph b of paragraph 1 of subdivision a

of subsection 5.

7. Subsection 5 does not preclude use of another procedure to satisfy subdivision b of

subsection 3 for a notarial act performed with respect to a tangible record.

8. A notary public located in this state may use communication technology under

subsection 3 to administer an oath or affirmation to a remotely located individual if,

except as otherwise provided by another law of this state, the notary public:

a. Identifies the individual under subdivision a of subsection 3;

b. Creates or causes the creation under subdivision c of subsection 3 of an

audiovisual recording of the individual taking the oath or affirmation; and

c. Retains or causes the retention under subsection 11 of the recording.

9. If a notarial act is performed under this section, the certificate of notarial act under

section 44-06.1-14 and the short-form certificate under section 44-06.1-19 must

indicate the notarial act was performed using communication technology.

10. A short-form certificate under section 44-06.1-19 for a notarial act subject to this

section is sufficient if it:

a. Complies with the rules adopted under subdivision a of subsection 13; or

b. Is in the form under section 44-06.1-19 and contains a statement in substantially

the following form: "This notarial act involved the use of communication

technology."

11. A notary public, a guardian, conservator, or agent of a notary public, or a personal

representative of a deceased notary public shall retain the audiovisual recording

created under subdivision c of subsection 3 or cause the recording to be retained by a

repository designated by or on behalf of the person required to retain the recording.

Unless a different period is required by rule adopted under subdivision d of

subsection 13, the recording must be retained for at least ten years.

12. Before a notary public performs the notary public's initial notarial act under this section,

the notary public must notify the secretary of state that the notary public will be

performing notarial acts with respect to remotely located individuals and identify the

technologies the notary public intends to use. If the secretary of state has established

standards under subsection 13 and section 44-06.1-25 for approval of communication

technology or identity proofing, the communication technology and identity proofing

must conform to the standards.

13. In addition to adopting rules under section 44-06.1-25, the secretary of state may

adopt rules regarding performance of a notarial act under this section. The rules may:

a. Prescribe the means of performing a notarial act involving a remotely located

individual using communication technology;

b. Establish standards for communication technology and identity proofing;

c. Establish requirements or procedures to approve providers of communication

technology and the process of identity proofing;

d. Establish standards and a period for the retention of an audiovisual recording

created under subdivision c of subsection 3; and

e. Prescribe methods for a notary public to confirm under subsections 4 and 5 the

identity of a tangible record.

14. Before adopting, amending, or repealing a rule governing performance of a notarial act

with respect to a remotely located individual, the secretary of state shall consider:

a. The most recent standards regarding the performance of a notarial act with

respect to a remotely located individual promulgated by national standard-setting

organizations and the recommendations of the national association of secretaries

of state;

b. Standards, practices, and customs of other jurisdictions that have laws

substantially similar to this section; and

c. The views of governmental officials and entities and other interested persons.

15. By allowing its communication technology or identity proofing to facilitate a notarial act

for a remotely located individual or by providing storage of the audiovisual recording

created under subdivision c of subsection 3, the provider of the communication

technology, identity proofing, or storage appoints the secretary of state as the

provider's agent for service of process in any civil action in this state related to the

notarial act.
N.D. Cent. Code § 44-04-18.13 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.13
44-04-18.13. Lists of minors
Status: in_force

44-04-18.13. Lists of minors

Any record of a public entity that is a compilation of minor's names, addresses, telephone

numbers, or any combination thereof, is exempt.
N.D. Cent. Code § 44-06.1-28 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-28
44-06.1-28. Fees to be charged for notarial acts - Penalty
Status: in_force

44-06.1-28. Fees to be charged for notarial acts - Penalty

1. A notary public is entitled to charge and receive not more than five dollars per notarial

act. A notary who charges a fee exceeding that amount is guilty of an infraction. It is an

infraction for any person other than the notary public to impose or collect any monetary

fee, charge, or commission in connection with the notarization of any document.

2. A notary may charge a travel fee when traveling to perform a notarial act if:

a. The notary and the person requesting the notarial act agree upon the travel fee in

advance of the travel; and

b. The notary explains to the person requesting the notarial act that the travel fee is

both separate from the notarial fee and neither specified nor mandated by law.

3. A notary may charge a technology fee when performing a notarial act under section

44-06.1-13.1 or 44-06.1-18 if:

a. The notary incurred fees for using technology to perform the notarial act;

b. The notary and the person requesting the notarial act agree upon the technology

fee in advance; and

c. The notary explains to the person requesting the notarial act the technology fee is

separate from the notarial act fee.
N.D. Cent. Code § 44-04-18.9 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.9
44-04-18.9. Access to financial account numbers
Status: in_force

44-04-18.9. Access to financial account numbers

Any credit, debit, or electronic fund transfer card or account number and any financial

institution account number that a public entity, elected official, or appointed official uses or has

available for making electronic or other deposits, transfers, or payments is not an open record.
N.D. Cent. Code § 44-10-14 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-14
44-10-14. Appeal from judgment of removal
Status: in_force

44-10-14. Appeal from judgment of removal

From a judgment of removal, an appeal may be taken to the supreme court in the same

manner as from a judgment in a civil action, but until such judgment is reversed the defendant is

suspended from office. Pending the appeal the office must be filled as in case of vacancy.
N.D. Cent. Code § 44-10-12 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-12
44-10-12. Judgment on conviction
Status: in_force

44-10-12. Judgment on conviction

Upon a conviction, the court must pronounce judgment that the defendant be removed from

office. To warrant a removal the judgment must be entered upon the minutes, assigning therein

the causes of removal.
N.D. Cent. Code § 44-10-01 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-01
44-10-01. Additional proceedings - Removal from office
Status: in_force

44-10-01. Additional proceedings - Removal from office

In addition to the proceedings mentioned in chapter 32-13 and chapters 44-02, 44-08, and

44-11, and apart and distinct from any other criminal action or proceedings, the provisions of

this chapter are adopted to obtain a judgment of removal from office.
N.D. Cent. Code § 44-04-21.1 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-21.1
44-04-21.1. Administrative review procedure
Status: in_force

44-04-21.1. Administrative review procedure

1. Any interested person may request an attorney general's opinion to review a written

denial of a request for records under section 44-04-18, a denial of access to a meeting

under section 44-04-19, or other alleged violation of section 44-04-18, 44-04-19,

44-04-19.2, 44-04-20, or 44-04-21 by any public entity other than the legislative

assembly or any committee thereof. A request made under this section must be made

within thirty days of the alleged violation, except that a request based on allegations

that a meeting occurred without the notice required by section 44-04-20, must be

made within ninety days of the alleged violation. In preparing an opinion under this

section, the attorney general has discretion to obtain and review a recording made

under section 44-04-19.2. The attorney general may request and obtain information

claimed to be exempt or confidential for the purpose of determining whether the

information is exempt or confidential. Any such information may not be released by the

attorney general and may be returned to the provider of the information. The attorney

general shall issue to the public entity involved an opinion on the alleged violation,

which may be a summary opinion, unless the request is withdrawn by the person

requesting the opinion or a civil action has been filed involving the possible violation.

The attorney general may decline to issue an opinion if the person requesting the

opinion has made more than one request within the last thirty days or more than five

requests for opinions in twelve months. If the request pertains to a public entity as

defined in subdivision c of subsection 13 of section 44-04-17.1, the opinion must be

issued to the public entity providing the public funds. In any opinion issued under this

section, the attorney general shall base the opinion on the facts given by the public

entity.

2. If the attorney general issues a written opinion concluding that a violation has

occurred, the public entity has seven days after the opinion is issued, regardless of

whether a civil action is filed under section 44-04-21.2, to disclose the record, to issue

a notice of a meeting that will be held within a reasonable time to correct the violation,

or to take steps to correct any other violation. If the public entity fails to take the

required action within the seven-day period and the person requesting the opinion

prevails in a civil action brought under section 44-04-21.2, the person must be

awarded costs, disbursements, and reasonable attorney's fees in the action and on

appeal. The attorney general may require officials of the public entity at issue in the

opinion to obtain mandatory training by a certain date. The consequences for failing to

comply with an attorney general's opinion issued under this section will be the same as

for other attorney general's opinions, including potential personal liability for the person

or persons responsible for the noncompliance.

3. If a state-level public entity as defined in subdivision a of subsection 13 of section

44-04-17.1 does not comply in full with the attorney general's opinion, and a civil action

is brought under section 44-04-21.2 or is reasonably predictable, the entity, at its sole

cost and expense, shall retain separate counsel who has been approved and

appointed by the attorney general as a special assistant attorney general to represent

the entity in that action.
N.D. Cent. Code § 44-11-03 — ND Code / Title 44 / Chapter 44-11 / Section 44-11-03
44-11-03. Petition and complaint - Requisites
Status: in_force

44-11-03. Petition and complaint - Requisites

The petition and thereafter the complaint must state the charges against the accused, and,

unless filed by the state's attorney or attorney general, must be verified and may be amended

as in ordinary actions. If such amendment of the complaint or charges includes any new or

additional charge, then the accused must be allowed a reasonable time to prepare a defense.
N.D. Cent. Code § 44-01-06 — ND Code / Title 44 / Chapter 44-01 / Section 44-01-06
44-01-06. State and district officers to give bonds
Status: repealed

44-01-06. State and district officers to give bonds

Repealed by S.L. 1987, ch. 537, § 1.
N.D. Cent. Code § 44-06.1-11 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-11
44-06.1-11. Notarial act under authority of tribe
Status: in_force

44-06.1-11. Notarial act under authority of tribe

1. A notarial act performed under the authority and in the jurisdiction of a federally

recognized American Indian tribe has the same effect as if performed by a notarial

officer of this state, if the act performed in the jurisdiction of that tribe is performed by:

a. A notary public of that tribe;

b. A judge, clerk, or deputy clerk of a court of that tribe; or

c. Any other individual authorized by the law of that tribe to perform the notarial act.

2. The signature and title of an individual performing a notarial act under the authority of

and in the jurisdiction of a federally recognized American Indian tribe are prima facie

evidence that the signature is genuine and that the individual holds the designated

title.

3. The signature and title of a notarial officer described in subdivision a or b of

subsection 1 conclusively establish the authority of the officer to perform the notarial

act.
N.D. Cent. Code § 44-01-04 — ND Code / Title 44 / Chapter 44-01 / Section 44-01-04
44-01-04. State, district, and county officers - Failure to qualify - Vacancy
Status: in_force

44-01-04. State, district, and county officers - Failure to qualify - Vacancy

If any person elected to any state, district, county, or other political subdivision office fails to

qualify and enter upon the duties of such office within the time fixed by law, such office must be

deemed vacant and must be filled by appointment as provided by law. If there is a contest for

such office or if the person elected to such office is prevented or obstructed in any manner from

entering upon the duties thereof, the time above prescribed does not govern and the person

must be allowed twenty days after the day such contest is determined or such obstruction

removed in which to qualify.
N.D. Cent. Code § 44-04-12 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-12
44-04-12. Public property must be delivered to successor
Status: in_force

44-04-12. Public property must be delivered to successor

Unless otherwise specifically provided by law, every officer elected or appointed under the

laws of this state, on going out of office, shall deliver to that officer's successor in office all public

moneys, books, records, accounts, papers, documents, and property in that officer's possession

belonging or appertaining to such office.
N.D. Cent. Code § 44-04-24 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-24
44-04-24. Security system plan - Disaster and cybersecurity information - Exemption
Status: in_force

44-04-24. Security system plan - Disaster and cybersecurity information - Exemption

1. A security system plan kept by a public entity, and records regarding disaster

mitigation, preparation, response, vulnerability, or recovery, or for cybersecurity

planning, mitigation, or threat, are exempt from the provisions of section 44-04-18 and

section 6 of article XI of the Constitution of North Dakota.

2. As used in this section:

a. "Critical infrastructure" means public buildings, systems, including

telecommunications centers and computers, power generation plants, dams,

bridges, and similar key resources, and systems related to utility services, fuel

supply, energy, hazardous liquid, natural gas, or coal, whether physical or virtual,

so vital to the state that the incapacity or destruction of these systems would have

a debilitating impact on security, state economic security, state public health or

safety, or any combination of those matters.

b. "Security system plan" includes:

(1) Records, information, photographs, audio and visual presentations,

schematic diagrams, surveys, recommendations, communications, or

consultations relating directly to the physical or electronic security of a public

facility, or any critical infrastructure, whether owned by or leased to the state

or any of its political subdivisions, or any privately owned or leased critical

infrastructure if the plan or a portion of the plan is in the possession of a

public entity;

(2) Information relating to cybersecurity defenses, or threats, attacks, attempted

attacks, and vulnerabilities of cyber system operations relating directly to the

physical or electronic security of a public facility, or any critical infrastructure,

whether owned by or leased to the state or any of its political subdivisions,

or any privately owned or leased critical infrastructure if the information is in

the possession of a public entity;

(3) Threat assessments;

(4) Vulnerability and capability assessments conducted by a public entity, or any

private entity;

(5) Threat response plans; and

(6) Emergency evacuation plans.

3. This exemption applies to security system plans received by a public entity before, on,

or after March 20, 2003.

4. Nothing in this section may be construed to limit disclosure required for necessary

construction, renovation, or remodeling work on a public building. Disclosure under

this subsection does not constitute public disclosure.

5. Records deemed exempt under this section and disclosed to another entity continue to

be exempt in the possession of the receiving entity.
N.D. Cent. Code § 44-09-03 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-03
44-09-03. Impeachment - Origination - Prosecution - Articles
Status: in_force

44-09-03. Impeachment - Origination - Prosecution - Articles

Every impeachment must be originated by resolution adopted by the house of

representatives and the prosecution thereof conducted by at least five managers selected

therefor by the house. Such managers or a committee of the house must prepare the articles of

impeachment in accordance with the resolution of the house and submit them to the house for

approval. When approved the managers must present the same at the bar of the senate and

immediately deliver them to the presiding officer thereof. The house may authorize the

managers to employ counsel to assist them in the preparation and prosecution of the articles of

impeachment.
N.D. Cent. Code § 44-11-09 — ND Code / Title 44 / Chapter 44-11 / Section 44-11-09
44-11-09. Appeal - Notification of governor - Proceedings
Status: in_force

44-11-09. Appeal - Notification of governor - Proceedings

The clerk of the district court shall notify the governor of the filing of an appeal by registered

or certified mail. The governor, within ten days after the receipt of such notice, shall mail to the

clerk of said court the testimony in such removal proceedings, together with a copy of any order

made by the governor in such proceedings. Said appeal must be heard by the judge of said

court upon the record in such proceedings, without a jury, at the next regular term of court or

prior to said term, in the discretion of the judge of said court. After such hearing by the district

judge, the district judge shall make an order affirming the order of the governor or an order

reinstating the defendant officer if the decision is clearly erroneous.
N.D. Cent. Code § 44-04-20 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-20
44-04-20. Notice of public meetings required - Exceptions - Schedule set by statute, ordinance, or resolution
Status: in_force

44-04-20. Notice of public meetings required - Exceptions - Schedule set by statute,

ordinance, or resolution.

1. Unless otherwise provided by law, public notice must be given in advance of all

meetings of a public entity as defined in section 44-04-17.1, including executive

sessions and meetings held remotely. Unless otherwise specified by law, resolution, or

ordinance, or as decided by the public entity, notices required by this section need not

be published.

2. The notice required in this section must contain the date, time, and location of the

meeting and, if practicable, the topics to be considered. However, the lack of an

agenda in the notice, or a departure from, or an addition to, the agenda at a meeting,

does not affect the validity of the meeting or the actions taken thereat. The notice also

must contain the general subject matter of any executive session expected to be held

during the meeting. For meetings to be held by electronic means, the location of the

meeting is the electronic address and any other information necessary to allow the

public to join or view the electronic meeting as required under section 44-04-19.

3. If the governing body holds regularly scheduled meetings, the schedule of these

meetings, including the aforementioned notice information, if available, must be filed

annually with the secretary of state for state-level bodies or for public entities defined

in subdivision c of subsection 13 of section 44-04-17.1, the city auditor or designee of

the city for city-level bodies, and the county auditor or designee of the county for all

other bodies or the schedule must be posted on the public entity's website. This

schedule must be furnished to anyone who requests the information. When

reasonable and practicable, a governing body of a public entity should attempt to set a

regular schedule for its meetings by statute, ordinance, or resolution. This subsection

does not apply to meetings of the legislative assembly or any committee thereof. Filing

a yearly schedule of upcoming meetings does not relieve a public entity from its

obligation to post an agenda for each meeting as required in subsections 2 and 4.

4. The notice required in this section must be posted at the principal office of the

governing body holding the meeting, if such exists, and at the location of the meeting

on the day of the meeting. In addition, unless all the information contained in the notice

was previously filed with the appropriate office under subsection 3, the notice must be

filed in the office of the secretary of state for state-level bodies or for public entities

defined in subdivision c of subsection 13 of section 44-04-17.1, the city auditor or

designee of the city for city-level bodies, the county auditor or designee of the county

for all other bodies. If the public entity has a website, notice also must be posted on

the public entity's website. This subsection does not apply to meetings of the

legislative assembly or any committee thereof.

5. The governing body's presiding officer has the responsibility of assuring that public

notice of a meeting's date, time, and location, is given at the same time as such

governing body's members are notified, and that this notice is available to anyone

requesting such information. As soon as an agenda is prepared for a meeting with the

information required in subsection 2 and given to members of the governing body, the

agenda must be posted at the locations as required by subsection 4 and given to

anyone requesting the information. When a request is made for notice of meetings, the

request is effective for one year unless a different time period is specified.

6. In the event of emergency or special meetings of a governing body, the person calling

such a meeting shall, in addition to the notices in subsection 4, also notify the public

entity's official newspaper, if any, and any representatives of the news media which

have requested to be so notified of such special or emergency meetings, of the time,

place, date, and topics to be considered at the same time as such governing body's

members are notified. If the public entity does not have an official newspaper, then it

must notify the official newspaper of the county where its principal office or mailing

address is located. Topics that may be considered at an emergency or special meeting

are limited to those included in the notice.

7. A committee of an institution under the authority of the state board of higher education,

in lieu of the notice requirements in this section, may file in the office of the president

of the institution the name, address, and telephone number of a person who may be

contacted to obtain specific times, dates, and locations of any meetings of that

committee or to request specific notification of each meeting of that committee.

8. The attorney general shall prepare general guidelines to assist public entities in

following the provisions of this section.

9. This section is violated when a notice is not provided in substantial compliance with

this section.
N.D. Cent. Code § 44-06.1-23 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-23
44-06.1-23. Prohibited acts
Status: in_force

44-06.1-23. Prohibited acts

1. A commission as a notary public does not authorize an individual to:

a. Assist in drafting legal records, give legal advice, or otherwise practice law;

b. Act as an immigration consultant or an expert on immigration matters;

c. Represent an individual in a judicial or administrative proceeding relating to

immigration to the United States, United States citizenship, or related matters; or

d. Receive compensation for performing any of the activities listed in this

subsection.

2. A notary public may not engage in false or deceptive advertising.

3. A notary public, other than an attorney licensed to practice law in this state, may not

use the term "notario" or "notario publico".

4. A notary public, other than an attorney licensed to practice law in this state, may not

advertise or represent that the notary public may assist in drafting legal records, give

legal advice, or otherwise practice law. If a notary public, who is not an attorney

licensed to practice law in this state, in any manner advertises or represents that the

notary public offers notarial services, whether orally or in a record, including broadcast

media, print media, and the internet, the notary public shall include the following

statement, or an alternate statement authorized or required by the secretary of state,

in the advertisement or representation, prominently and in each language used in the

advertisement or representation: "I am not an attorney licensed to practice law in this

state. I am not allowed to draft legal records, give advice on legal matters, including

immigration, or charge a fee for those activities." If the form of advertisement or

representation is not broadcast media, print media, or the internet, and does not permit

the inclusion of the statement required by this subsection because of size, it must be

prominently displayed or provided at the place of performance of the notarial act

before the notarial act is performed.

5. Except as otherwise allowed by law, a notary public may not withhold access to or

possession of any original record provided by an individual who seeks performance of

a notarial act by the notary public.

6. A notary public may not notarize a signature on a document if:

a. The document was not first signed or re-signed in the presence of the notary

public, in the case of a verification on oath or affirmation, or in the case of an

acknowledgment, was not acknowledged in the presence of the notary public.

b. The name of the notary public or the spouse of the notary public appears on the

document as a party or in which document either individual has a direct beneficial

interest or if either individual appears as a signatory to a petition within the

meaning of section 1-01-50. A notarial act performed in violation of this

subdivision is voidable.

c. The signature is that of the notary public or the spouse of the notary public.

d. Except as otherwise provided by law, the notary public uses a name or initial in

notarizing the document other than as it appears on the notary's commission.

However, such an act by a notary by itself does not affect the validity of the

document.

e. The date of the verification on oath or affirmation or acknowledgment is not the

actual date the document is to be notarized or the verification on oath or

affirmation or acknowledgment is undated.

f. The signature on the document or the notarial certificate is not an original

signature, except as otherwise provided by law.

g. The notary is falsely or fraudulently signing or notarizing a document, verification

on oath or affirmation, or acknowledgment or in any other way is impersonating or

assuming the identity of another notary.

h. The signature is on a blank or incomplete document.

i. In the case of a document drafted in a language other than English, the document

is not accompanied by a permanently affixed and accurate written English

translation.

j. The notary did not obtain satisfactory evidence of the identity of the signer, unless

the signer is personally known to the notary.

7. A notary public may not make or purport to make any copy of a vital record, a

recordable instrument, or a public record containing an official seal if:

a. The document is a copy or certified copy of any vital record authorized or

required by law to be registered or filed;

b. The document is a copy or certified copy of an instrument entitled by law to be

recorded; or

c. The document is a copy or certified copy of a public record containing an official

seal.

8. A notary public shall affix the notary's official stamp at the time of performing each

notarial act.
N.D. Cent. Code § 44-08-04.2 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-04.2
44-08-04.2. Travel advances
Status: in_force

44-08-04.2. Travel advances

1. Any state agency shall advance at the request of the agency head for employees of

that agency funds to be used for payment of meal and lodging expenses incurred

while the official or employee is traveling on official business of this state, provided that

such travel must be planned to be in excess of five days per month, whether or not

consecutive, and provided that the funds advanced do not exceed eighty percent of

estimated expenses for the period. Travel advances must be approved by the chief

executive officer or a designee of the agency involved. Funds advanced for meals and

lodging under this section must be accounted for as required under section 44-08-04

for travel.

2. As used in this section, and section 44-08-04.1:

a. "Official business of this state" includes travel to attend training courses.

b. "State agency" means agencies, boards, commissions, bureaus, offices,

departments, institutions, and any other state governmental entities, and

specifically includes the legislative and judicial branches of state government.
N.D. Cent. Code § 44-04-23 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-23
44-04-23. Year 2000 information requests - Use - Exceptions
Status: repealed

44-04-23. Year 2000 information requests - Use - Exceptions

Repealed by S.L. 2009, ch. 125, § 4.
N.D. Cent. Code § 44-06.1-06 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-06
44-06.1-06. Identification of individual
Status: in_force

44-06.1-06. Identification of individual

1. A notarial officer has personal knowledge of the identity of an individual appearing

before the officer if the individual is personally known to the officer through dealings

sufficient to provide reasonable certainty that the individual has the identity claimed.

2. A notarial officer has satisfactory evidence of the identity of an individual appearing

before the officer if the officer can identify the individual:

a. By means of:

(1) A passport, driver's license, or government-issued nondriver identification

card that is currently valid or expired not more than three years before

performance of the notarial act; or

(2) Another form of government identification issued to an individual that is

currently valid or expired not more than three years before performance of

the notarial act, contains the individual's signature or a photograph of the

individual, and is satisfactory to the officer; or

b. By a verification on oath or affirmation of a credible witness personally appearing

before the officer and known to the officer or whom the officer can identify on the

basis of a passport, driver's license, or government-issued nondriver identification

card that is currently valid or expired not more than three years before

performance of the notarial act.

3. A notarial officer may require an individual to provide additional information or

identification credentials necessary to assure the officer of the identity of the individual.
N.D. Cent. Code § 44-04-18.7 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.7
44-04-18.7. Criminal intelligence information and criminal investigative information - Nondisclosure - Record of information maintained
Status: in_force

44-04-18.7. Criminal intelligence information and criminal investigative information -

Nondisclosure - Record of information maintained.

1. Active criminal intelligence information and active criminal investigative information are

not subject to section 44-04-18 and section 6 of article XI of the Constitution of North

Dakota. A criminal justice agency shall maintain a list of all files containing active

criminal intelligence and investigative information which have been in existence for

more than one year. With respect to each file, the list must contain the file's number or

other identifying characteristic and the date the file was established. The list required

under this subsection is subject to section 44-04-18. Personal information of any

person contained in an active or nonactive file is an exempt record as defined in

subsection 5 of section 44-04-17.1.

2. "Criminal intelligence and investigative information" does not include:

a. Arrestee description, including name, date of birth, address, race, sex, physical

description, and occupation of arrestee.

b. Facts concerning the arrest, including the cause of arrest and the name of the

arresting officer.

c. Conviction information, including the name of any person convicted of a criminal

offense.

d. Disposition of all warrants, including orders signed by a judge of any court

commanding a law enforcement officer to arrest a particular person.

e. A chronological list of incidents, including initial offense report information

showing the offense, date, time, general location, officer, and a brief summary of

what occurred.

f. A crime summary, including a departmental summary of crimes reported and

public calls for service by classification, nature, and number.

g. Radio log, including a chronological listing of the calls dispatched.

h. General registers, including jail booking information.

i. Arrestee photograph, if release will not adversely affect a criminal investigation.

3. "Criminal intelligence information" means information with respect to an identifiable

person or group of persons collected by a criminal justice agency in an effort to

anticipate, prevent, or monitor possible criminal activity. Criminal intelligence

information must be considered "active" as long as it is related to intelligence gathering

conducted with a reasonable good-faith belief it will lead to detection of ongoing or

reasonably anticipated criminal activities. Criminal intelligence information also

includes training materials and information obtained by a criminal justice agency

regarding prospective criminal activities which impact officer safety until the

information is publicly disclosed.

4. "Criminal investigative information" means information with respect to an identifiable

person or group of persons compiled by a criminal justice agency in the course of

conducting a criminal investigation of a specific act or omission, including information

derived from laboratory tests, reports of investigators or informants, or any type of

surveillance. Criminal investigative information must be considered "active" as long as

it is related to an ongoing investigation that is continuing with a reasonable good-faith

anticipation of securing an arrest or prosecution in the foreseeable future.

5. "Criminal justice agency" means any law enforcement agency or prosecutor. The term

also includes any other unit of government charged by law with criminal law

enforcement duties or having custody of criminal intelligence or investigative

information for the purpose of assisting law enforcement agencies in the conduct of

active criminal investigations or prosecutions.

6. "Personal information" means a person's medical records or medical information

obtained from the medical records; motor vehicle operator's identification number;

social security number; any credit, debit, or electronic fund transfer card number;

month and date of birth; height; weight; home street address; home telephone number

or personal cell phone number; and any financial account numbers.

7. A computerized index created by a criminal justice agency of names included in

criminal files, whether active or inactive, is an exempt record.

8. Crime scene images of a victim of a homicide or sex crime or any image of a minor

victim of any crime is an exempt record as defined in subsection 5 of section

44-04-17.1.

9. An image taken with a body camera or similar device and which is taken in a private

place is an exempt record.

10. An image taken by a coroner, a medical examiner, or coroner or medical examiner

personnel, using a digital camera or similar device is an exempt record.

11. Unless otherwise provided by law, descriptions of crime scene images that include a

minor or a minor victim or parts of a record containing such descriptions are exempt.

12. Unless otherwise provided by law, a sensitive image as defined by section 44-04-17.1

is an exempt record.
N.D. Cent. Code § 44-04-19.3 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-19.3
44-04-19.3. Open meetings exemption - Legislative caucuses
Status: in_force

44-04-19.3. Open meetings exemption - Legislative caucuses

A caucus of members of either house of the legislative assembly may meet in an executive

session that is not subject to section 44-04-19.2 if the meeting is not held on public property.
N.D. Cent. Code § 44-10-16 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-16
44-10-16. Other accusations - Delivery by judge to state's attorney
Status: in_force

44-10-16. Other accusations - Delivery by judge to state's attorney

When an accusation in writing and verified by the oath of any person is presented to the

district court, alleging that an officer or school board member within the jurisdiction of the court

has been guilty of charging and collecting illegal fees for services rendered or to be rendered in

that officer's or school board member's office, or has refused or neglected to perform the official

duties pertaining to that officer's or school board member's office, or has been rendered

incompetent to perform said duties by reason of habitual drunkenness or other cause, the judge

of the court to whom it is delivered must transmit the accusation to the state's attorney of the

county, or in case it is against the state's attorney of the county, the accusation must be

delivered as provided by section 44-10-15.
N.D. Cent. Code § 44-06.1-22 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-22
44-06.1-22. Database of notaries public
Status: in_force

44-06.1-22. Database of notaries public

When the secretary of state acquires or develops the technical capability to maintain an

electronic database of notaries public, the secretary of state shall maintain an electronic

database of notaries public:

1. Through which an individual may verify the authority of a notary public to perform

notarial acts; and

2. Which indicates whether a notary public has notified the secretary of state that the

notary public will be performing notarial acts on electronic records.
N.D. Cent. Code § 44-06.1-15 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-15
44-06.1-15. Official stamp
Status: in_force

44-06.1-15. Official stamp

The official stamp of a notary public must:

1. Include the notary public's name, jurisdiction, commission expiration date, and other

information required under section 44-06.1-16 or by the secretary of state; and

2. Be capable of being copied together with the record to which it is affixed or attached or

with which it is logically associated.
N.D. Cent. Code § 44-06.1-16.1 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-16.1
44-06.1-16.1. Journals
Status: in_force

44-06.1-16.1. Journals

1. A notary public shall maintain a journal in which the notary public chronicles all notarial

acts the notary public performs with respect to a remotely located individual under

section 44-06.1-13.1. The notary public shall retain the journal for ten years after the

performance of the last notarial act chronicled in the journal.

2. A journal may be created on a tangible medium or in an electronic format. A notary

public shall maintain only one journal at a time to chronicle all notarial acts performed

regarding tangible records and one or more journals to chronicle all notarial acts

performed regarding electronic records. If a journal is maintained on a tangible

medium, it must be a permanent, bound register with numbered pages. If the journal is

maintained in an electronic format, it must be in a permanent, tamper-evident

electronic format complying with the rules of the secretary of state.

3. An entry in a journal must be made contemporaneously with performance of the

notarial act and contain the following information:

a. The date and time of the notarial act;

b. A description of the record, if any, and type of notarial act;

c. The full name and address of each individual for whom the notarial act is

performed;

d. If identity of the individual is based on personal knowledge, a statement to that

effect;

e. If identity of the individual is based on satisfactory evidence, a brief description of

the method of identification and the identification credential presented, if any,

including the date of issuance and expiration of the identification credential; and

f. The fee, if any, charged by the notary public.

4. If the journal of a notary public is lost, the notary public loses access to the journal, or

the journal is stolen, the notary public promptly shall notify the secretary of state upon

discovering the journal is lost, access is lost, or the journal is stolen.

5. On resignation from, or the revocation or suspension of, the commission of a notary

public, the notary public shall retain the journal in accordance with subsection 1 of this

section and inform the secretary of state where the journal is located.

6. Instead of retaining a journal as provided in subsections 1 and 5, a current or former

notary public may transmit the journal to a repository approved by the secretary of

state.

7. Upon the death or adjudication of incompetency of a current or former notary public,

the personal representative or guardian of the notary public shall retain the journal as

provided in subsections 1 and 5 or transmit the journal to a repository approved by the

secretary of state.
N.D. Cent. Code § 44-08-24 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-24
44-08-24. Interagency cooperation
Status: in_force

44-08-24. Interagency cooperation

1. Any appointive or elective agency or office of peace officers, as defined in section

12-63-01, may establish policies and enter agreements with other agencies and offices

and a state or local criminal justice agency of this state may establish policies and

procedures or enter agreements with other criminal justice agencies of this state to:

a. Assist other state and local criminal justice agencies; and

b. Exchange the criminal justice agency's peace officers with peace officers of

another criminal justice agency on a temporary basis.

2. A criminal justice agency may establish policies for assisting probation and parole

officers who are supervising probationers or parolees in the criminal justice agency's

jurisdiction.

3. a. When a peace officer provides assistance to another peace officer within the

scope of the policies of the peace officer's employing criminal justice agency, the

assistance must be within the line of duty and course of employment of the peace

officer rendering the assistance.

b. When a peace officer acts on behalf of another agency or office within the scope

of an exchange agreement entered under subsection 1, the peace officer's

actions are within the peace officer's line of duty and course of employment to the

same extent as if the peace officer had acted on behalf of the peace officer's

employing agency.

4. This section does not extend or enlarge the duties or authority of any peace officer or

any other law enforcement agent except as provided in this section.
N.D. Cent. Code § 44-06.1-13 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-13
44-06.1-13. Foreign notarial act
Status: in_force

44-06.1-13. Foreign notarial act

1. In this section, "foreign state" means a government other than the United States, a

state, or a federally recognized American Indian tribe.

2. If a notarial act is performed under authority and in the jurisdiction of a foreign state or

constituent unit of the foreign state or is performed under the authority of a

multinational or international governmental organization, the act has the same effect

under the law of this state as if performed by a notarial officer of this state.

3. If the title of office and indication of authority to perform notarial acts in a foreign state

appear in a digest of foreign law or in a list customarily used as a source for that

information, the authority of an officer with that title to perform notarial acts is

conclusively established.

4. The signature and official stamp of an individual holding an office described in

subsection 3 are prima facie evidence that the signature is genuine and the individual

holds the designated title.

5. An apostille in the form prescribed by the Hague Convention of October 5, 1961, and

issued by a foreign state party to the Hague Convention conclusively establishes that

the signature of the notarial officer is genuine and that the officer holds the indicated

office.

6. A consular authentication issued by an individual designated by the United States

department of state as a notarizing officer for performing notarial acts overseas and

attached to the record with respect to which the notarial act is performed conclusively

establishes that the signature of the notarial officer is genuine and that the officer holds

the indicated office.
N.D. Cent. Code § 44-08-02 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-02
44-08-02. Resident North Dakota bidder, seller, vendor, offeror, and contractor defined
Status: in_force

44-08-02. Resident North Dakota bidder, seller, vendor, offeror, and contractor

defined.

The term "a resident North Dakota bidder, seller, vendor, offeror, or contractor", unless the

context clearly provides otherwise, means a bidder, seller, vendor, offeror, or contractor who has

maintained a bona fide place of business within this state for at least one year prior to the date

on which a contract was awarded.
N.D. Cent. Code § 44-06.1-20 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-20
44-06.1-20. Notary public commission - Qualifications
Status: in_force

44-06.1-20. Notary public commission - Qualifications

1. An individual qualified under subsection 2 may apply to the secretary of state for a

commission as a notary public. The applicant shall comply with and provide on a form

prescribed by the secretary of state, the information required by the secretary of state

and submit the required application fee of thirty-six dollars.

2. An applicant for a commission as a notary public must:

a. Be at least eighteen years of age;

b. Be a citizen or permanent legal resident of the United States;

c. Be a resident of or have a place of employment or practice in this state or must

reside in a county that borders this state and which is in a state that extends

reciprocity to a notary public who resides in a border county of this state. If the

person resides in a county bordering this state, that person by applying for a

commission in this state appoints the secretary of state as the agent for service of

process, for all purposes relating to notarial acts, including the receipt of

correspondence relating to notarial acts;

d. Be able to read and write English; and

e. Not be disqualified to receive a commission under section 44-06.1-21.

3. Before issuance of a commission as a notary public, an applicant for the commission

shall execute an oath of office and submit it to the secretary of state.

4. Before issuance of a commission as a notary public, the applicant for a commission

shall submit to the secretary of state an assurance in the form of a surety bond or its

functional equivalent in the amount of seven thousand five hundred dollars and is

subject to approval by the secretary of state. The assurance must be issued by a

surety or other entity licensed or authorized to do business in this state. The assurance

must cover acts performed during the term of the notary public's commission and must

be in the form prescribed by the secretary of state. If a notary public violates law with

respect to notaries public in this state, the surety or issuing entity is liable under the

assurance. The surety or issuing entity shall give thirty days' notice to the secretary of

state before canceling the assurance. The surety or issuing entity shall notify the

secretary of state not later than thirty days after making a payment to a claimant under

the assurance. A notary public may perform notarial acts in this state only during the

period that a valid assurance is on file with the secretary of state.

5. On compliance with subsections 1, 2, 3, and 4, the secretary of state shall issue a

notary public commission to an applicant for a term of four years, unless sooner

removed by the secretary of state. The notary shall post the commission in a

conspicuous place in the notary's office or place of employment. A notary public

commission may be renewed up to sixty days before the commission's expiration date

by reapplying in the same manner as required for an original commission.

6. A commission to act as a notary public authorizes the notary public to perform notarial

acts. The commission does not provide a notary public any immunities or benefits

conferred by law of this state on public officials or employees.

7. Notwithstanding any other provision of law, a notary public may perform any notarial

act as defined in section 44-06.1-01 outside the state as provided in section 47-19-55.

8. The secretary of state shall notify each notary public, in a manner as prescribed by the

secretary of state, at least thirty days before the expiration of the notary public's term

of the date on which the notary public's commission will expire.

9. Each notary public issued a commission shall notify the secretary of state in writing

within sixty days of any change of address.
N.D. Cent. Code § 44-11-04.1 — ND Code / Title 44 / Chapter 44-11 / Section 44-11-04.1
44-11-04.1. Appointment of special commissioner - Filing of complaint
Status: in_force

44-11-04.1. Appointment of special commissioner - Filing of complaint

The governor shall appoint as a special commissioner a retired or former judge, or other

competent person learned in the law to preside over the removal proceedings. The prosecutor

shall file with the special commissioner a complaint containing the allegations against the officer,

which may consist of the charges alleged in the petition or any charge justified by the

investigation conducted by the attorney general. The prosecutor shall also file proof that the

complaint was served on the officer.
N.D. Cent. Code § 44-04-30 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-30
44-04-30. Records of the state fire marshal, fire departments, and rural fire protection districts confidential
Status: in_force

44-04-30. Records of the state fire marshal, fire departments, and rural fire protection

districts confidential.

1. a. An investigation record of the state fire marshal, a fire department, or a rural fire

protection district is confidential until the investigation:

(1) Is closed and not referred for further criminal investigation or prosecution; or

(2) The criminal investigation is no longer active under section 44-04-18.7.

b. This subsection does not restrict the release of the name and identifiable

biographical information of a child under section 12.1-35-03.

2. Standard operating procedures written for emergency response, prefire action plans,

plans of a building, pipeline, electrical system, or any other infrastructure plan in the

possession of the state fire marshal, a fire department, or rural fire protection district

are exempt from section 44-04-18.

3. Individually identifiable health information obtained by the state fire marshal, a fire

department, or a rural fire protection district is confidential.

4. An image of a victim of a fire is an exempt record.
N.D. Cent. Code § 44-01-03.1 — ND Code / Title 44 / Chapter 44-01 / Section 44-01-03.1
44-01-03.1. Elected state officers - Date to qualify
Status: in_force

44-01-03.1. Elected state officers - Date to qualify

The agriculture commissioner, attorney general, auditor, insurance commissioner, public

service commissioners, secretary of state, superintendent of public instruction, tax

commissioner, and treasurer shall qualify on the first day of December next succeeding their

election and shall enter upon the discharge of the duties of their respective offices.
N.D. Cent. Code § 44-01-09 — ND Code / Title 44 / Chapter 44-01 / Section 44-01-09
44-01-09. Filing of bonds
Status: repealed

44-01-09. Filing of bonds

Repealed by S.L. 2003, ch. 380, § 1.
N.D. Cent. Code § 44-09-24 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-24
44-09-24. Lieutenant governor impeached - Notice to house
Status: in_force

44-09-24. Lieutenant governor impeached - Notice to house

If the lieutenant governor is impeached, notice of the impeachment must be given

immediately to the senate by the house of representatives in order that another president may

be chosen.
N.D. Cent. Code § 44-06.1-14 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-14
44-06.1-14. Certificate of notarial act
Status: in_force

44-06.1-14. Certificate of notarial act

1. A notarial act must be evidenced by a certificate. The certificate must:

a. Be executed contemporaneously with the performance of the notarial act;

b. Be signed and dated by the notarial officer and, if the notarial officer is a notary

public, be signed in the same manner as on file with the secretary of state;

c. Identify the jurisdiction in which the notarial act is performed;

d. Contain the title of office of the notarial officer; and

e. Indicate the date of expiration, if any, of the notarial officer's commission, if the

officer is a notary public.

2. If a notarial act is performed by a notary public regarding a tangible record, the notary

public's official stamp must be affixed to the certificate. If a notarial act is performed by

a notarial officer, other than a notary public, regarding a tangible record and the

certificate contains the information specified in subdivisions b, c, and d of

subsection 1, an official stamp may be affixed to the certificate. If the notarial act is

performed by a notarial officer regarding an electronic record and the certificate

contains the information specified in subdivisions b, c, and d of subsection 1, an official

stamp may be attached to or logically associated with the certificate.

3. A certificate of a notarial act is sufficient if it meets the requirements of subsections 1

and 2 and:

a. Is in a short form set forth in section 44-06.1-19;

b. Is in a form otherwise permitted by the law of this state;

c. Is in a form permitted by the law applicable in the jurisdiction in which the notarial

act was performed; or

d. Sets forth the actions of the notarial officer and the actions are sufficient to meet

the requirements of the notarial act as provided in sections 44-06.1-04,

44-06.1-05, and 44-06.1-06 or other law.

4. By executing a certificate of a notarial act, a notarial officer certifies that the officer has

complied with the requirements and made the determinations specified in

sections 44-06.1-04, 44-06.1-05, and 44-06.1-06.

5. A notarial officer may not affix the officer's signature to, or logically associate it with, a

certificate until the notarial act has been performed.

6. If a notarial act is performed regarding a tangible record, a certificate must be part of,

or securely attached to, the record. If a notarial act is performed regarding an

electronic record, the certificate must be affixed to, or logically associated with, the

electronic record. If the secretary of state has established standards pursuant to

section 44-06.1-25 for attaching, affixing, or logically associating the certificate, the

process must conform to the standards.
N.D. Cent. Code § 44-06.1-10 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-10
44-06.1-10. Notarial act in another state
Status: in_force

44-06.1-10. Notarial act in another state

1. A notarial act performed in another state has the same effect under the law of this

state as if performed by a notarial officer of this state, if the act performed in that state

is performed by:

a. A notary public of that state;

b. A judge, clerk, or deputy clerk of a court of that state; or

c. Any other individual authorized by the law of that state to perform the notarial act.

2. The signature and title of an individual performing a notarial act in another state are

prima facie evidence that the signature is genuine and that the individual holds the

designated title.

3. The signature and title of a notarial officer described in subdivision a or b of

subsection 1 conclusively establish the authority of the officer to perform the notarial

act.
N.D. Cent. Code § 44-04-14 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-14
44-04-14. Examination of records of county officers - State's attorney to prosecute
Status: in_force

44-04-14. Examination of records of county officers - State's attorney to prosecute

At the end of the term of office of each county officer, or whenever it may seem advisable,

the board of county commissioners may secure an examination of the records in that person's

office by the state auditor or other competent accountants. Any failure or irregularity discovered

must be remedied or the state's attorney shall prosecute the officer guilty thereof for neglect as

provided in section 44-04-03.
N.D. Cent. Code § 44-10-07 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-07
44-10-07. Objections for insufficiency by defendant
Status: in_force

44-10-07. Objections for insufficiency by defendant

If the defendant objects to the legal sufficiency of the accusation, the objection must be in

writing but need not be in any specific form, it being sufficient if it presents intelligibly the ground

of the objection.
N.D. Cent. Code § 44-08-04.3 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-04.3
44-08-04.3. Moving expense - Allowances - Verification
Status: in_force

44-08-04.3. Moving expense - Allowances - Verification

The head of any department, institution, or agency may authorize the payment of moving

expenses incurred by a permanent employee who has been employed in that department,

institution, or agency not less than one year when that employee is transferred from one city in

the state to another for the purpose of assuming a new duty assignment of a permanent nature

within that department, institution, or agency. Relocation costs payable are:

1. All actual costs of moving personal household goods and furnishings, not to exceed

eleven thousand pounds [4989.60 kilograms] net weight.

2. The expenses of transportation to the new residence quarters, limited to one round

trip, and actual meal and lodging costs for the employee and spouse, for three days.

3. The expenses of transportation, lodging, and meals incurred by the employee and the

immediate family while en route to the new duty station.

4. The expenses for the employee and immediate family while occupying temporary

living quarters within the state, not to exceed thirty days.

Provided, however, that payment of the expenses itemized in subsections 1 through 4 may not

exceed five thousand dollars. Verification for expenses under subsection 1 must be a paid

receipt from a licensed moving agency, licensed trailer transportation company, trailer rental

agent, or other licensed moving company; verification for expenses under subsection 2 must be

highway mileage between the location sites and meal and lodging receipts; verification for

expenses under subsection 3 must be receipts for meals and lodging plus highway mileage for

one motor vehicle between the duty stations; and verification for expenses under subsection 4

must be according to section 44-08-04. An employee, for the purpose of this section, is one who

has served at least one year, including a probationary period, and whose retention is approved

after such probationary period.
N.D. Cent. Code § 44-09-19 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-19
44-09-19. Vote on charge - Conviction
Status: in_force

44-09-19. Vote on charge - Conviction

The vote upon the charges and specifications must be taken by yeas and nays, beginning

with the first specification under the first charge and continuing until all the specifications under

the first charge have been disposed of. A vote must be taken in the same way upon each

specification and all specifications and other charges in the articles of impeachment until they all

are disposed of. If two-thirds of the members elected concur in favor of a conviction upon any of

the charges or specifications the accused must be convicted, otherwise the accused must be

acquitted.
N.D. Cent. Code § 44-04-19.1 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-19.1
44-04-19.1. Open records and open meetings - Exemptions for attorney work product, attorney consultation, and negotiation preparation
Status: in_force

44-04-19.1. Open records and open meetings - Exemptions for attorney work product,

attorney consultation, and negotiation preparation.

1. Attorney work product is exempt from section 44-04-18. Attorney work product and

copies thereof shall not be open to public inspection, examination, or copying unless

specifically made public by the public entity receiving such work product.

2. Attorney consultation is exempt from section 44-04-19. That portion of a meeting of a

governing body during which an attorney consultation occurs may be closed by the

governing body under section 44-04-19.2.

3. Active investigatory work product is exempt from section 44-04-18.

4. "Adversarial administrative proceedings" include only those administrative proceedings

in which the administrative agency or institution of higher education acts as a

complainant, respondent, or decisionmaker in an adverse administrative proceeding.

This term does not refer to those instances in which the administrative agency or

institution acts in its own rulemaking capacity.

5. "Attorney consultation" means any discussion between the members of a governing

body and its attorney in instances in which the governing body seeks or receives the

attorney's advice regarding and in anticipation of reasonably predictable or pending

civil or criminal litigation or adversarial administrative proceedings or to receive its

attorney's advice and guidance on the legal risks, strengths, and weaknesses of an

action of a public entity which, if held in public, would have an adverse fiscal effect on

the entity. All other discussions beyond the attorney's advice and guidance must be

made in the open, unless otherwise provided by law. All statements made by a

participant or between participants during an executive session held for the purpose of

attorney consultation are exempt if the statements relate to the subject for which

attorney consultation was established. Mere presence or participation of an attorney at

a meeting is not sufficient to constitute attorney consultation.

6. "Attorney work product" means any document or record that:

a. Was prepared by an attorney representing a public entity or prepared at such an

attorney's express direction;

b. Reflects a mental impression, conclusion, litigation strategy, or legal theory of that

attorney or the entity; and

c. Was prepared exclusively for civil or criminal litigation, for adversarial

administrative proceedings, in anticipation of reasonably predictable civil or

criminal litigation or adversarial administrative proceedings, or for guidance on

the legal risks, strengths, and weaknesses of an action of a public entity.

7. "Investigatory work product" means records obtained, compiled, or prepared by a

public entity in an effort to monitor and enforce compliance with the law or an order.

Investigatory work product must be considered active as long as it is related to

monitoring and enforcement activity conducted with a reasonable good-faith belief that

it will lead to enforcement of the law or an order the public entity is charged by statute

or other law with monitoring and enforcing.

8. Following the final completion of the civil or criminal litigation or the adversarial

administrative proceeding, including the exhaustion of all appellate remedies, attorney

work product must be made available for public disclosure by the public entity, unless

another exception to section 44-04-18 applies or if disclosure would have an adverse

fiscal effect on the conduct or settlement of other pending or reasonably predictable

civil or criminal litigation or adversarial administrative proceedings, or the attorney

work product reflects mental impressions, opinions, conclusions, or legal theories

regarding potential liability of a public entity.

9. A governing body may hold an executive session under section 44-04-19.2 to discuss

negotiating strategy or provide negotiating instructions to its attorney or other

negotiator regarding a pending claim, litigation, adversarial administrative proceedings,

or contracts, which are currently being negotiated or for which negotiation is

reasonably likely to occur in the immediate future. An executive session may be held

under this subsection only when an open meeting would have an adverse fiscal effect

on the bargaining or litigating position of the public entity. A record revealing

negotiation strategy or instruction under this section is exempt. Drafts of contracts or

agreements subject to negotiations are exempt but only for so long as release would

have an adverse fiscal effect on the public entity, unless the records are otherwise

exempt or confidential.

10. Nothing in this section may be construed to waive any attorney-client privilege of a

public entity as defined in subdivision c of subsection 13 of section 44-04-17.1

regarding matters that do not pertain to public business.

11. A settlement agreement between a public entity and another party is exempt from

disclosure until it has been fully executed and accepted by all concerned parties

unless the records are otherwise exempt or confidential. In the case of multiple

settlement agreements involving multiple parties involved in the same incident or

undertaking, a settlement agreement is exempt until settlement agreements have been

fully executed by all concerned parties unless the records are otherwise exempt or

confidential.

12. Unless subject to subsection 6 of section 44-04-18, active litigation records are exempt

from section 44-04-18. For purposes of this subsection, "active litigation records"

means records obtained, compiled, or prepared by a public entity or the attorney

representing a public entity for the purpose of litigation unless the records already

have been filed publicly or the litigation is completed.
N.D. Cent. Code § 44-06.1-17 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-17
44-06.1-17. Notary vacancies - Resignations
Status: in_force

44-06.1-17. Notary vacancies - Resignations

Whenever the office of any notary public becomes vacant, the stamping device must be

destroyed as provided in section 44-06.1-16. If a notary public resigns the notary's commission,

the notary shall notify the secretary of state within thirty days of the resignation, and shall

indicate the effective date of the resignation.
N.D. Cent. Code § 44-08-04.1 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-04.1
44-08-04.1. Per diem allowance for long-term travel
Status: in_force

44-08-04.1. Per diem allowance for long-term travel

With the approval of the office of the budget, any state agency may adopt a per diem

allowance in lieu of expenses as allowed by section 44-08-04 for its officials and employees

whose official duties require that they remain on travel status away from their normal working

and living residence for extended periods of time. No per diem allowed may be in excess of the

total allowance for meals and lodging as allowed by section 44-08-04. Travel status of one week

or less may not be considered long-term or extended travel. Rental receipts must be used to

verify travel status under this section.
N.D. Cent. Code § 44-11-01 — ND Code / Title 44 / Chapter 44-11 / Section 44-11-01
44-11-01. What officers removable by governor - Grounds
Status: in_force

44-11-01. What officers removable by governor - Grounds

The governor may remove from office any county commissioner, sheriff, coroner, county

auditor, recorder, state's attorney, county treasurer, superintendent of schools, surveyor, public

administrator, city auditor, city commissioner, mayor, township officer, rural fire protection district

board member, school board member, or any custodian of public moneys, except the state

treasurer, whenever it appears to the governor by a preponderance of the evidence after a

hearing as provided in this chapter, that the officer has been guilty of misconduct, malfeasance,

crime in office, neglect of duty in office, or of habitual substance abuse or gross incompetency.
N.D. Cent. Code § 44-04-18.21 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.21
44-04-18.21. Electronic mail addresses and telephone numbers exempt
Status: in_force

44-04-18.21. Electronic mail addresses and telephone numbers exempt

The electronic mail address or telephone number of an individual which is provided to a

public entity for the purpose of or in the course of communicating with that public entity is an

exempt record. This section may not be used to shield the identity of the individual

communicating with the public entity.
N.D. Cent. Code § 44-02-09 — ND Code / Title 44 / Chapter 44-02 / Section 44-02-09
44-02-09. Appointment - How qualified
Status: in_force

44-02-09. Appointment - How qualified

A person appointed to office as provided in this chapter shall qualify within the time and in

the manner required of a person elected or appointed to such office for a full term.
N.D. Cent. Code § 44-08-04.5 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-04.5
44-08-04.5. Prepayment and direct billing of lodging expenses of state officers and employees
Status: in_force

44-08-04.5. Prepayment and direct billing of lodging expenses of state officers and

employees.

1. The office of management and budget shall seek to obtain sales tax exemptions for

state employee travel lodging expense from all other states and the District of

Columbia. If available from other states, the office of management and budget shall file

exemption records, documents, or numbers for use by state agencies. Whenever any

state agency, board, bureau, or institution makes out-of-state travel plans involving a

lodging expense, the agency may contact the office of management and budget to

determine if a sales tax exemption has been obtained from the destination state or

states. If an exemption has been obtained, and if travel plans are sufficiently certain,

the agency, board, bureau, or institution may obtain the required documentation from

the office of management and budget and arrange with the out-of-state lodging

provider to have the agency prepay the lodging expense or to have the lodging

expense directly billed to the agency and obtain the benefit of the sales tax exemption.

2. If a state agency, board, bureau, or institution makes travel plans involving a lodging

expense, the agency, board, bureau, or institution may arrange with the lodging

provider or travel agency to have the lodging expense prepaid by the agency or billed

directly to the agency.
N.D. Cent. Code § 44-04-26 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-26
44-04-26. Security system plan - Public health and security plans - Exemption from public meeting requirements
Status: in_force

44-04-26. Security system plan - Public health and security plans - Exemption from

public meeting requirements.

Those portions of a meeting which would reveal a security system plan, a public health or

security plan, or a portion of any such plan, made exempt by section 44-04-24 or 44-04-25, are

exempt from section 44-04-19 and section 5 of article XI of the Constitution of North Dakota.
N.D. Cent. Code § 44-06.1-05 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-05
44-06.1-05. Personal appearance required
Status: in_force

44-06.1-05. Personal appearance required

If a notarial act relates to a statement made in or a signature executed on a record, the

individual making the statement or executing the signature shall appear personally before the

notarial officer.
N.D. Cent. Code § 44-04-08 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-08
44-04-08. Duty of the heads of state institutions and state boards, departments, or offices to make reports
Status: repealed

44-04-08. Duty of the heads of state institutions and state boards, departments, or

offices to make reports.

Repealed by S.L. 1973, ch. 403, § 57.
N.D. Cent. Code § 44-09-07 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-07
44-09-07. Procedure after notice
Status: in_force

44-09-07. Procedure after notice

If the accused does not appear, the senate, upon proof of service of the notice and articles

of impeachment in any manner provided in sections 44-09-05 and 44-09-06, as the

circumstances may require, of its own motion or for cause shown, may assign another day for

the hearing of the accused, or may proceed in the absence of the accused to trial and judgment.
N.D. Cent. Code § 44-10-09 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-09
44-10-09. Objections to sufficiency of accusation overruled - Answer
Status: in_force

44-10-09. Objections to sufficiency of accusation overruled - Answer

If an objection to the sufficiency of the accusation is not sustained, the defendant must

answer the accusation forthwith.
N.D. Cent. Code § 44-10-10 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-10
44-10-10. Conviction on plea or trial
Status: in_force

44-10-10. Conviction on plea or trial

If the defendant pleads guilty, the court must render judgment of conviction against the

defendant. If the defendant denies the matters charged or refuses to answer the accusation, the

court immediately, or at such time as it may appoint, must proceed to try the accusation.
N.D. Cent. Code § 44-09-17 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-17
44-09-17. Senate may make rules for trial - Subpoenas
Status: in_force

44-09-17. Senate may make rules for trial - Subpoenas

The senate sitting as a court of impeachment has full power and authority to establish such

rules and regulations for the trial of the accused as may be necessary, has power to adjourn

from time to time, dissolve when its work is concluded, and compel obedience to its process and

orders. Its process, including subpoenas, runs into every part of the state and may be served by

the same officers as other process or by any person authorized by the presiding officer of the

court to serve the same, and has the same force and effect as subpoenas from district courts in

criminal actions.
N.D. Cent. Code § 44-04-18.30 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.30
44-04-18.30. Identity of reporter to social services agency - Exempt records
Status: in_force

44-04-18.30. Identity of reporter to social services agency - Exempt records

1. For purposes of this section:

a. "Human services" means services provided to an individual or an individual's

family in need of services to assist the individual or the individual's family in

achieving and maintaining basic self-sufficiency, including physical health, mental

health, education, welfare, food and nutrition, and housing; and

b. "Public social services agency" means a state, county, or local public agency that

provides human services, and includes state-operated behavioral health clinics,

human service zone boards, human service zones, and the department of health

and human services.

2. The name, address, telephone number, electronic mail address, or other record that

reasonably could be used to identify an individual who provided information to a public

social service agency is an exempt record if:

a. The information relates to a matter involving human services over which the

agency has regulatory jurisdiction; and

b. The agency determines the individual had a good-faith belief the information

related to a possible violation of law when the individual provided it to the agency.
N.D. Cent. Code § 44-08-07 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-07
44-08-07. When temporary seal may be authorized
Status: in_force

44-08-07. When temporary seal may be authorized

When any court of record is unprovided with a seal, the judge thereof may authorize the use

of any temporary seal, or of any device by way of seal, until a permanent seal is provided.
N.D. Cent. Code § 44-10-08 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-08
44-10-08. Denial of accusation may be oral
Status: in_force

44-10-08. Denial of accusation may be oral

If the defendant denies the truth of the accusation, the denial may be oral and without oath

and must be entered upon the minutes.
N.D. Cent. Code § 44-04-07 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-07
44-04-07. Inventory required
Status: in_force

44-04-07. Inventory required

The person in charge of any state department, industry, institution, board, association, or

commission shall maintain, or cause to be maintained, a complete and current inventory record

of all property of sufficient value and permanence as to render such inventory record practical.

Each year such person shall make a complete inventory of all such property, and shall maintain

such inventory, with the person's certificate thereto attached, as to the correctness of same, in

the files and records of the department, industry, institution, board, association, or commission.

Said inventory record must provide a comprehensive description of each item, together with

manufacturer's serial number, or other means of positive identification, and must include

statements of all property disposed of by any means whatsoever, including livestock and

increase therefrom, and must be in such form and detail as may be prescribed by the

department charged with the duty of auditing or examining such records.
N.D. Cent. Code § 44-08-12 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-12
44-08-12. Definitions
Status: in_force

44-08-12. Definitions

As used in sections 44-08-12 through 44-08-14:

1. "Authorized officer" means any official of this state or any of its departments, agencies,

public bodies, or other instrumentalities or any of its political subdivisions whose

signature to a lease issued by the board of university and school lands, public security,

or instrument of payment is required or permitted.

2. "Facsimile signature" means a reproduction by engraving, imprinting, stamping, or

other means of the manual signature of an authorized officer.

3. "Instrument of payment" means a check, draft, warrant, or order for the payment,

delivery, or transfer of funds.

4. "Public security" means a bond, note, certificate of indebtedness, or other obligation

for the payment of money, issued by this state or by any of its departments, agencies,

public bodies, or other instrumentalities or by any of its political subdivisions.
N.D. Cent. Code § 44-06.1-30 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-30
44-06.1-30. Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

44-06.1-30. Relation to Electronic Signatures in Global and National Commerce Act

The provisions of this chapter modify, limit, and supersede the federal Electronic Signatures

in Global and National Commerce Act [15 U.S.C. 7001 et seq.] but do not modify, limit, or

supersede section 101(c) of that Act [15 U.S.C. 7001(c)] or authorize electronic delivery of any

of the notices described in section 103(b) of that Act [15 U.S.C. 7003(b)].
N.D. Cent. Code § 44-09-13 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-13
44-09-13. Impeachment - Objections overruled - Further proceedings
Status: in_force

44-09-13. Impeachment - Objections overruled - Further proceedings

If the accused, upon the overruling of the objections as provided in section 44-09-12, pleads

guilty to any or all of the charges or specifications, the senate must render judgment of

conviction against the accused. If the accused pleads not guilty or refuses to plead, the senate,

at such time as it may appoint, must proceed to try the impeachment.
N.D. Cent. Code § 44-10-20 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-20
44-10-20. Proceedings on trial of court case - Costs - Appeal
Status: in_force

44-10-20. Proceedings on trial of court case - Costs - Appeal

If the charge is tried by the court, it shall proceed as upon the trial of a civil action by the

court. The decision of the court or the verdict of the jury must be "guilty" or "not guilty". Costs

must be awarded as in a civil action. If the accused is found guilty, either by the decision of the

court or by the verdict of the jury, the court shall render judgment that the accused be removed

from office, and for the costs of the action. A statement of the case may be settled and an

appeal taken as provided by law in a civil action. The court in its discretion, if the accused is

found guilty, may award treble costs against the accused. If the court finds that the accusation

was made without probable cause, it must tax the costs of the prosecution and trial against the

complainant.
N.D. Cent. Code § 44-04-21.2 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-21.2
44-04-21.2. Remedies for violations and enforcement procedure
Status: in_force

44-04-21.2. Remedies for violations and enforcement procedure

1. A violation of section 44-04-18, 44-04-19, 44-04-19.2, 44-04-20, or 44-04-21 may be

the subject of a civil action brought by an interested person or entity. For an alleged

violation of section 44-04-18, the complaint must be accompanied by a dated, written

request for the requested record. If a court finds that any of these sections have been

violated by a public entity, the court may award declaratory relief, an injunction, a writ

of prohibition or mandamus, costs, disbursements, and reasonable attorney's fees

against the entity. For an intentional or knowing violation of section 44-04-18,

44-04-19, 44-04-19.2, 44-04-20, or 44-04-21, the court may also award damages in an

amount equal to one thousand dollars or actual damages caused by the violation,

whichever is greater. An action under this subsection must be commenced within sixty

days of the date the person knew or should have known of the violation or within thirty

days of issuance of an attorney general's opinion on the alleged violation, whichever is

later. Venue for an action is in the county where the entity has its principal office or, if

the entity does not have a principal office within the state, in Burleigh County.

2. Any action that is a product of a violation of section 44-04-19, 44-04-20, or 44-04-21 is

voidable by a court in a civil action authorized by this section.

3. The remedies provided in this section are not available if a violation of section

44-04-18, 44-04-19, 44-04-19.2, 44-04-20, or 44-04-21 has been corrected before a

civil action is filed and no person has been prejudiced or harmed by the delay. An

interested person or entity may not file a civil action under this section seeking

attorney's fees or damages, or both, until at least three working days after providing

notice of the alleged violation to the chief administrative officer for the public entity.

This subsection does not apply if the attorney general has found under section

44-04-21.1, on a prior occasion, that the public entity has violated section 44-04-18,

44-04-19, 44-04-19.2, 44-04-20, or 44-04-21.
N.D. Cent. Code § 44-03-04 — ND Code / Title 44 / Chapter 44-03 / Section 44-03-04
44-03-04. Officials to be residents and citizens
Status: in_force

44-03-04. Officials to be residents and citizens

No person may be appointed as deputy in any state office nor as a member or officer upon

any official board of the state, or of any county or municipality of the state, who is not a citizen of

the United States and who is not a bona fide resident of the state.
N.D. Cent. Code § 44-09-26 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-26
44-09-26. Court of impeachment - Compensation - Members - Counsel - Payment
Status: in_force

44-09-26. Court of impeachment - Compensation - Members - Counsel - Payment

The presiding officer, except the chief justice when presiding, and members of the senate,

while sitting as a court of impeachment, and members of the house of representatives, are

entitled to receive compensation and expense reimbursement as provided in section 54-03-20

and mileage expenses as provided in section 54-06-09, while attending the court of

impeachment. The compensation of the secretary of the senate, sergeant-at-arms, and all

subordinate officers, clerks, stenographers, and reporters of the court and counsel employed to

assist the managers and counsel selected and employed by accused with respect to the

accused's defense in the impeachment trial, must be such amount as must be determined upon

by a vote of the members of such court; provided, however, that the amount paid to the counsel

employed to assist the managers and the amount paid to the counsel employed to assist the

accused must be equal. The office of management and budget, upon presentation of a

certificate signed by the presiding officer and secretary of the senate, shall pay from the general

fund the expense of the senate, and the compensation of the officers, clerks, stenographers,

and reporters and counsel under the provisions of this chapter.
N.D. Cent. Code § 44-04-18.18 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.18
44-04-18.18. Autopsy images - Confidential - Exceptions
Status: in_force

44-04-18.18. Autopsy images - Confidential - Exceptions

An autopsy photograph or other visual image or a video or audio recording of an autopsy

taken by the state forensic examiner, the examiner's designee, prosecutor, criminal justice

agency, any employee or agent of the criminal justice agency, or any other individual is

confidential and may be disclosed in accordance with section 23-01-05.5.
N.D. Cent. Code § 44-04-18.32 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.32
44-04-18.32. Medical records or medical information - Exempt
Status: in_force

44-04-18.32. Medical records or medical information - Exempt

Unless otherwise provided by law, a medical record or a record containing medical

information in the possession of a public entity is an exempt record.
N.D. Cent. Code § 44-04-18.6 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.6
44-04-18.6. Access to legislative records and information
Status: in_force

44-04-18.6. Access to legislative records and information

1. The following records, regardless of form or characteristic, of or relating to the

legislative council, the legislative management, the legislative assembly, the house of

representatives, the senate, or a member of the legislative assembly are not subject to

section 44-04-18 and section 6 of article XI of the Constitution of North Dakota:

a. A record of a purely personal or private nature;

b. A record that is legislative council work product or is legislative council-client

communication;

c. A record that reveals the content of communications between a member of the

legislative assembly and any person; and

d. Except with respect to a governmental entity determining the proper use of

telephone service, a record of telephone usage which identifies the parties or lists

the telephone numbers of the parties involved.

2. The exception in subdivision c of subsection 1 applies to records possessed by a

member of the legislative assembly or by any other public officer or employee.

3. This section does not apply to any record distributed at a meeting subject to section

44-04-19 and section 5 of article XI of the Constitution of North Dakota.
N.D. Cent. Code § 44-06.1-29 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-29
44-06.1-29. Savings clause
Status: in_force

44-06.1-29. Savings clause

The provisions of this chapter do not affect the validity or effect of a notarial act performed

before August 1, 2011.
N.D. Cent. Code § 44-01-08 — ND Code / Title 44 / Chapter 44-01 / Section 44-01-08
44-01-08. Approval of bonds
Status: repealed

44-01-08. Approval of bonds

Repealed by S.L. 2003, ch. 380, § 1.
N.D. Cent. Code § 44-08-20 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-20
44-08-20. Additional powers of peace officers
Status: in_force

44-08-20. Additional powers of peace officers

Peace officers employed by a law enforcement agency within the state have the power of a

peace officer in the following circumstances:

1. To enforce state laws and rules within the jurisdiction of the law enforcement agency

by which they are employed.

2. To assist during the necessary absence from office by the requesting officer.

3. When responding to requests from other law enforcement agencies or officers for aid

and assistance. For the purposes of this subsection, such a request from a law

enforcement agency or officer means only a request for assistance as to a particular

and singular violation or suspicion of violation of law, and does not constitute a

continuous request for assistance outside the purview of the jurisdiction of the law

enforcement agency by which a peace officer is employed.

4. The powers and duties hereby conferred are supplemental to other powers and duties

conferred upon peace officers and do not constitute an obligation beyond the regular

course of duty of those officers.
N.D. Cent. Code § 44-04-18 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18
44-04-18. Access to public records - Electronically stored information
Status: in_force

44-04-18. The minutes must include, at a minimum:

a. The names of the members attending the meeting;

b. The date and time the meeting was called to order and adjourned;

c. A list of topics discussed regarding public business;

d. A description of each motion made at the meeting and whether the motion was

seconded;

e. The results of every vote taken at the meeting; and

f. The vote of each member on every recorded roll call vote.

Notwithstanding subsection 8 of section 44-04-18, the disclosure of minutes kept

under this subsection may not be conditioned on the approval of the minutes by the

governing body.

3. Subsection 1 does not apply to a nonprocedural vote relating to the consideration of

an amendment by a legislative committee or the legislative assembly during a

legislative session, unless otherwise required by legislative rule.
N.D. Cent. Code § 44-04-18.23 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.23
44-04-18.23. Library, archive, and museum collections - Exempt records
Status: in_force

44-04-18.23. Library, archive, and museum collections - Exempt records

A public library, archive, or museum may designate a donated record as an exempt record if

the donor of the record requests as a condition of the donation that the record not be released

to the public for a specific amount of time, which may not exceed twenty years beyond the death

of the donor.
N.D. Cent. Code § 44-04-19.2 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-19.2
44-04-19.2. Confidential or closed meetings
Status: in_force

44-04-19.2. Confidential or closed meetings

1. A governing body may hold an executive session to consider or discuss closed or

confidential records.

2. Unless a different procedure is provided by law, an executive session that is

authorized by law may be held if:

a. The governing body first convenes in an open session and, unless a confidential

meeting is required, passes a motion to hold an executive session;

b. The governing body announces during the open portion of the meeting the topics

to be discussed or considered during the executive session and the body's legal

authority for holding an executive session on those topics;

c. The executive session is recorded under subsection 5;

d. The topics discussed or considered during the executive session are limited to

those for which an executive session is authorized by law and that have been

previously announced under this subsection; and

e. Final action concerning the topics discussed or considered during the executive

session is taken at a meeting open to the public, unless final action is otherwise

required by law to be taken during a closed or confidential meeting. For purposes

of this subsection, "final action" means a collective decision or a collective

commitment or promise to make a decision on any matter, including formation of

a position or policy, but does not include guidance given by members of the

governing body to legal counsel or other negotiator in a closed attorney

consultation or negotiation preparation session authorized in section 44-04-19.1.

3. The remainder of a meeting during which an executive session is held is an open

meeting unless a specific exemption is otherwise applicable.

4. The minutes of an open meeting during which an executive session is held must

indicate the names of the members attending the executive session, the date and time

the executive session was called to order and adjourned, a summary of the general

topics that were discussed or considered that does not disclose any closed or

confidential information, and the legal authority for holding the executive session.

5. All meetings of the governing body of a public entity that are not open to the public

must be recorded electronically or on audiotape or videotape. The recording must be

disclosed pursuant to court order under subsection 2 of section 44-04-18.11 or to the

attorney general for the purpose of administrative review under section 44-04-21.1.

The attorney general may not disclose to the public any recording received under this

subsection and must return the recording to the governing body upon completion of

the administrative review. The recording may be disclosed upon majority vote of the

governing body unless the executive session was required to be confidential.

Disclosure of the recording by a public servant except as provided in this subsection is

a violation of section 12.1-13-01. All recordings under this subsection must be retained

for a minimum of six months after the executive session that is the subject of the

recording.

6. A public entity may sequester all competitors in a competitive selection or hiring

process from that portion of a public meeting wherein presentations are heard or

interviews are conducted.
N.D. Cent. Code § 44-09-09 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-09
44-09-09. Organization of court - Powers
Status: in_force

44-09-09. Organization of court - Powers

The senate and each member thereof, unless excused for cause, shall meet at the senate

chamber on the day assigned to hear the impeachment and organize as a court for the trial of

the same. Such organization must be held and deemed to be perfected when the presiding

officer of the senate and all members thereof, not excused, have taken the oath or affirmation

prescribed. No member may sit in the trial or vote upon such trial until the member has taken

such oath or affirmation. The oath or affirmation must be administered by the secretary of the

senate to the presiding officer thereof and by the presiding officer to each of the members of the

senate. The senate sitting as a court upon the trial of an impeachment has the same power to

compel the attendance of its members as when engaged in the ordinary business of legislation.
N.D. Cent. Code § 44-11-06 — ND Code / Title 44 / Chapter 44-11 / Section 44-11-06
44-11-06. Hearing - Report to governor
Status: in_force

44-11-06. Hearing - Report to governor

Within thirty days of the appointment of the special commissioner, a hearing shall be held in

open court on the allegations of the complaint. The proceedings shall be recorded by a court

reporter or court recorder. The accused is entitled to be present and be heard in person or

through the accused's attorney. The commissioner has the same powers as are conferred upon

district judges to take testimony and may rule on, admit, or exclude testimony accordingly.

Within ten days of the conclusion of the hearing, the commissioner shall forward to the governor

a report of the proceedings, including a summary of testimony, findings as to whether any

allegations were proven by a preponderance of the evidence, exhibits and evidence received,

and a recommendation whether the accused should be removed from office. The governor may

request a transcript be prepared if review of testimony is necessary for a final determination on

removal.
N.D. Cent. Code § 44-09-22 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-22
44-09-22. Extent of judgment of conviction
Status: in_force

44-09-22. Extent of judgment of conviction

The judgment may be that the defendant be removed from office or that the defendant be

removed from office and disqualified to hold any office of trust or profit in the state.
N.D. Cent. Code § 44-08-21.1 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-21.1
44-08-21.1. Recall of elected members of a governing body of a city, park district, or school board
Status: in_force

44-08-21.1. Recall of elected members of a governing body of a city, park district, or

school board.

1. An individual serving as a member of a governing body of a city, park district, or school

board is subject to recall by petition of electors equal in number to thirty-five percent of

the voters who voted in the most recent election that the member sought to be recalled

was on the ballot, not including other recall elections. A member who was appointed to

fill a vacancy is subject to recall by petition of electors equal in number to thirty-five

percent of the voters who voted in the most recent election that the office of the

member sought to be recalled was on the ballot, not including other recall elections.

The provisions of section 16.1-01-09.1, as they relate to signing and circulating recall

petitions, apply to petitions under this section, except petitions circulated under this

section must have fifteen petition sponsors if the city population is greater than

two hundred fifty or the school district has a fall enrollment of greater than two hundred

fifty. Each petition sponsor shall provide on the petition the sponsor's name and

address. Each petition sponsor must be a qualified elector of the city, park district, or

the school district in which the member subject to the recall is serving.

2. A recall petition must include a stated reason for the recall and be approved as to form

before circulation by the secretary of state. The secretary of state shall complete the

review of the form of a recall petition in not less than five, nor more than seven,

business days, excluding Saturdays. To be effective, a recall petition must be

submitted to the filing officer within ninety days after the date the recall petition is

approved for circulation by the secretary of state.

3. Once circulated, the recall petition must be filed with the filing officer with whom a

petition for nomination to the office in question is filed. The filing officer shall pass on

the sufficiency of a petition by reviewing every signature affixed to the petition. Except

as otherwise provided in this section, the filing officer shall call a special election to be

held not sooner than ninety-five days nor later than one hundred five days following

the date the filing officer certifies the petition valid and sufficient. A special election may

not be called if that date would be within ninety-five days of the next scheduled

election. An elector's name may not be removed from a recall petition that has been

submitted to and received by the filing officer.

4. The name of the member to be recalled must be placed on the ballot unless the

member resigns within ten days after the filing officer certifies the petition is valid and

sufficient. Other candidates for the office may be nominated in a manner provided by

law and shall file nominating papers with the appropriate filing officer by the sixty-fourth

day before the scheduled recall election. A special recall election may not be held if

candidate filings are not received by the filing officer before the candidate filing

deadline. The filing officer shall declare the recall petition ineffective, and the member

may continue to serve the remainder of the member's term. A notice of cancellation of

the recall election due to no candidate filing received must be posted in the official

newspaper within fifteen days following the candidate filing deadline.

5. If the member resigns, the filing officer may call a special election or appoint an

individual to complete the unexpired term of the office. When the election results have

been officially declared, the candidate receiving the highest number of votes is elected

for the remainder of the term.

6. A member is not subject to recall twice during the term for which the member was

elected. A member whose office is on the ballot at a regularly scheduled election

occurring within one year is not subject to recall if the recall special election would

occur within one year of the next regularly scheduled election in which the member

could be re-elected.
N.D. Cent. Code § 44-04-18.19 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.19
44-04-18.19. Exemption of records relating to individual recipients of economic assistance or benefits
Status: in_force

44-04-18.19. Exemption of records relating to individual recipients of economic

assistance or benefits.

Records concerning individual applicants or recipients of economic assistance or support

administered under the division of community services or a community action agency, including

benefits or services, are exempt from section 44-04-18 and section 6 of article XI of the

Constitution of North Dakota. These exempt records include applications, income or eligibility

verification, assessments, or other personal, medical, or financial data.
N.D. Cent. Code § 44-09-11 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-11
44-09-11. How accused may answer - Articles of impeachment
Status: in_force

44-09-11. How accused may answer - Articles of impeachment

If the defendant appears, the defendant may object in writing to the sufficiency of the

articles of impeachment or may answer the same in writing or by oral plea. Such plea must be

entered upon the journal. A plea of not guilty puts in issue every material allegation of the

articles of impeachment and the specifications thereunder.
N.D. Cent. Code § 44-08-21 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-21
44-08-21. Recall of elected officials of political subdivisions
Status: in_force

44-08-21. Recall of elected officials of political subdivisions

1. An elected official of a political subdivision, except a township officer, an individual

serving as a member of a governing body of a city, park district, or as a member of a

school board subject to recall under section 44-08-21.1, or an official subject to recall

under section 10 of article III of the Constitution of North Dakota, is subject to recall by

petition of electors equal in number to twenty-five percent of the voters who voted in

the most recent election that the official sought to be recalled was on the ballot, not

including other recall elections. An official who was appointed to fill a vacancy is

subject to recall by petition of electors equal in number to twenty-five percent of the

voters who voted in the most recent election that the office of the official sought to be

recalled was on the ballot, not including other recall elections. The provisions of

section 16.1-01-09.1, as they relate to signing and circulating recall petitions, apply to

petitions under this section.

2. A recall petition must include a stated reason for the recall and be approved as to form

before circulation by the secretary of state. The secretary of state shall complete the

review of the form of a recall petition in not less than five, nor more than seven,

business days, excluding Saturdays. To be effective, a recall petition must be

submitted to the appropriate filing officer within ninety days after the date the recall

petition is approved for circulation by the secretary of state.

3. Once circulated, the recall petition must be filed with the filing officer with whom a

petition for nomination to the office in question is filed unless that filing officer is the

individual subject to recall, in which case the petition must be filed with the secretary of

state. The filing officer with whom the petition is filed shall pass on the sufficiency of a

petition pursuant to section 16.1-01-09.1. Except as otherwise provided in this section,

the filing officer shall call a special election to be held not sooner than ninety-five days

nor later than one hundred five days following the date the filing officer certifies the

petition valid and sufficient. No special election may be called if that date would be

within ninety-five days of the next scheduled election. An elector's name may not be

removed from a recall petition that has been submitted to and received by the

appropriate filing officer.

4. The name of the official to be recalled must be placed on the ballot unless the official

resigns within ten days after the filing officer certifies the petition is valid and sufficient.

Other candidates for the office may be nominated in a manner provided by law and

shall file nominating papers with the appropriate filing officer by the sixty-fourth day

before the scheduled recall election. If the official resigns, the appropriate political

subdivision governing body may call a special election or appoint an individual to

complete the unexpired term of the office. When the election results have been

officially declared, the candidate receiving the highest number of votes is elected for

the remainder of the term. No official is subject to recall twice during the term for which

the official was elected. An official whose office is on the ballot at a regularly scheduled

election occurring within one year is not subject to recall if the recall special election

would occur within one year of the next regularly scheduled election in which the

official could be re-elected.
N.D. Cent. Code § 44-11-14 — ND Code / Title 44 / Chapter 44-11 / Section 44-11-14
44-11-14. Collection of costs
Status: repealed

44-11-14. Collection of costs

Repealed by S.L. 2013, ch. 342, § 12.
N.D. Cent. Code § 44-04-32 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-32
44-04-32. Animal feeding operation record requests
Status: in_force

44-04-32. Animal feeding operation record requests

The department of environmental quality shall keep a written record of each individual who

requests information and the type of information requested regarding an animal feeding

operation permit. Within seven business days of receiving the request, the department shall

provide written notice to the owner and operator of the animal feeding operation describing the

type of information that has been requested and the name and address of the requester. If an

individual makes inquiries on more than three files in any one request, the department shall

charge the individual a fee sufficient to cover the cost of mailing the notice to the owners and

operators whose files are being examined and a fee for copying the records as allowed under

section 44-04-18.
N.D. Cent. Code § 44-09-16 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-16
44-09-16. Process for witnesses
Status: in_force

44-09-16. Process for witnesses

The managers selected by the house of representatives and the person impeached and that

person's counsel, severally, are entitled to process for compelling the attendance of persons

and witnesses or the production of papers or records required for the trial of the impeachment.
N.D. Cent. Code § 44-01-05 — ND Code / Title 44 / Chapter 44-01 / Section 44-01-05
44-01-05. Oath of civil officers
Status: in_force

44-01-05. Oath of civil officers

Each civil officer in this state before entering upon the duties of that individual's office shall

take and subscribe the oath prescribed in section 4 of article XI of the Constitution of North

Dakota. The oath must be endorsed upon the back of, or attached to, the commission,

appointment, or certificate of election. The term civil officer includes every elected official and

any individual appointed by such elected official; any individual appointed by the governor and

required by section 16.1-09-02 to file a statement of interests with the secretary of state;

appointed member of any state authority, board, bureau, commission, and council; and the

appointed head of any state agency and agency division, whether the individual serves with or

without compensation. Except for an individual appointed to fill a vacancy existing in the

legislative assembly, the term does not include any individual receiving a legislative

appointment. For purposes of this chapter and chapter 44-05, the term civil officer has the same

meaning as public officer.
N.D. Cent. Code § 44-08-05 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-05
44-08-05. Civil recovery of public funds
Status: in_force

44-08-05. Civil recovery of public funds

Any person who receives public funds for the discharge of a public duty in excess of the

amounts allowed by law is, thirty days after a demand for a return of such excess amounts has

been made by the attorney general, subject to a civil suit to be brought by the attorney general

for the recovery of the amount received in excess of that lawfully allowed.
N.D. Cent. Code § 44-02-07 — ND Code / Title 44 / Chapter 44-02 / Section 44-02-07
44-02-07. Brief vacancy not to be filled - Exception
Status: in_force

44-02-07. Brief vacancy not to be filled - Exception

If a vacancy occurs within ninety-five days previous to an election at which it may be filled,

no appointment may be made unless it is necessary to carry out such election and the canvass

of the same according to law. In such case an appointment may be made at any time previous

to such election to hold until after such election or until the appointee's successor is elected and

qualified.
N.D. Cent. Code § 44-08-05.1 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-05.1
44-08-05.1. Payments - Purchasing card authority - Penalty
Status: in_force

44-08-05.1. Payments - Purchasing card authority - Penalty

1. Any public officer or employee who has the power to approve a payment for travel

expenses or any other expenditure of public funds shall determine before approving

the payment:

a. That the expenditure for travel or other expenditures were for lawful and official

purposes.

b. If for employee travel reimbursement, the sums claimed for travel expenses are

actually due the individual who is seeking reimbursement, allowance, or payment.

c. If the payment is for expenditure other than travel expense, that the expenditure

is lawful and that the payment contains no false claims.

2. The director of the office of management and budget, the state board of higher

education, the governing body of any political subdivision, and the board of any school

district may establish and administer a purchasing card system for use by its officers,

employees, representatives, or agents. If the director of the office of management and

budget establishes a cooperative purchasing contract under section 54-44.4-13, each

participating government entity is responsible for its purchasing card system.

3. An employee of the office of management and budget designated by the director of the

office of management and budget, on behalf of all state agencies, may review and

approve payments made with a purchasing card and make payments. The director of

the office of management and budget may designate the state agencies that are

required to use the purchasing card system.

4. Any public officer or employee who fraudulently uses a purchasing card or knowingly

approves a payment for false or unlawful claims or which does not otherwise meet the

requirements of this section for approval may be subject to criminal prosecution under

title 12.1. Any public officer or employee who, without the use of ordinary care and

diligence, uses a purchasing card or approves a payment for false or unlawful claims

or which does not otherwise meet the requirements of this section for approval is

personally liable for any funds improperly expended.

5. Any public officer, employee, or any other individual who has knowledge of an actual

or possible violation of this section shall make that information known to the attorney

general or the appropriate state's attorney. The attorney general or appropriate state's

attorney may investigate any alleged violation. If there is probable cause to believe

that a violation has occurred, the attorney general or appropriate state's attorney shall

initiate a criminal prosecution under title 12.1 or a civil suit against the public officer or

employee for the recovery of the funds as may actually have been improperly paid, or

may initiate a prosecution and a civil suit. Any public officer, employee, or any other

individual who has provided information to the attorney general or a state's attorney

under this subsection shall keep the information confidential until a determination is

made as to whether a criminal prosecution is warranted.
N.D. Cent. Code § 44-11-12 — ND Code / Title 44 / Chapter 44-11 / Section 44-11-12
44-11-12. Powers of commissioner - Subpoenas - Service - Fees
Status: in_force

44-11-12. Powers of commissioner - Subpoenas - Service - Fees

After taking and filing the oath of office, the commissioner has authority to issue subpoenas

for persons and subpoenas duces tecum and to administer oaths to witnesses the same as is

conferred upon district judges. The subpoenas may be directed to any sheriff, or chief of police,

who immediately shall serve the subpoenas. The officer is entitled to such fees as are allowed

to sheriffs for serving subpoenas in district court. The fees must be paid in the same manner as

is provided in this chapter for witness fees and commissioner's fees. The commissioner may

punish for contempt in the same manner as the district court.
N.D. Cent. Code § 44-04-31 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-31
44-04-31. Business associate - Duty to protect information
Status: in_force

44-04-31. Business associate - Duty to protect information

1. As used in this section, "business associate" has the meaning set forth in title 45,

Code of Federal Regulations, part 160, section 103.

2. If a public entity is acting as a business associate of another public entity, the entity

acting as a business associate shall comply with all the requirements applicable to a

business associate under title 45, Code of Federal Regulations, part 164, section 504,

subsection e, paragraph 2.
N.D. Cent. Code § 44-09-02 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-02
44-09-02. Commencement - Trial - Presiding officer
Status: in_force

44-09-02. Commencement - Trial - Presiding officer

The sole power of impeachment is vested in the house of representatives. A concurrence of

a majority of all members is necessary to the exercise thereof. All impeachments must be tried

by the senate sitting for that purpose, and the senators must be upon oath or affirmation to do

justice according to law and the evidence. When the governor or lieutenant governor is on trial,

the chief justice of the supreme court shall preside, or if the chief justice is disqualified or unable

to preside, then some other judge of said court must be selected by the senate. No person may

be convicted without the concurrence of two-thirds of the senators elected.
N.D. Cent. Code § 44-04-18.31 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.31
44-04-18.31. Background interviews for law enforcement officer applications - Exempt records
Status: in_force

44-04-18.31. Background interviews for law enforcement officer applications - Exempt

records.

Any record revealing the substance of, or the individual interviewed in, a background

interview conducted as part of the consideration of an applicant for a position as a law

enforcement officer is an exempt record. For purposes of this section, "background interview"

means an interview with an individual, other than the applicant for a law enforcement officer

position, which relates to the fitness, character, behavior, or other qualifications of the applicant.
N.D. Cent. Code § 44-04-01 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-01
44-04-01. When official reports to be made
Status: in_force

44-04-01. When official reports to be made

All county, township, and city officers, except such as are required to make their reports at

some other specified time, who are required by law to make annual reports for any purpose to

any state officer, shall prepare and transmit the same on or before the fifteenth day of August of

each year to the proper officer. For the purpose of preparing such report, the year begins on the

first day of July of each year and ends on the last day of June of the succeeding year.
N.D. Cent. Code § 44-08-11 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-11
44-08-11. State and other political subdivisions to furnish counsel to defend law enforcement officers
Status: in_force

44-08-11. State and other political subdivisions to furnish counsel to defend law

enforcement officers.

The state or any political subdivision of the state must furnish legal counsel to defend any

law enforcement officer in any action brought against such officer to recover damages arising

out of any act of such officer in good faith and in the performance of the officer's official duties.
N.D. Cent. Code § 44-10-04 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-04
44-10-04. Service of accusation by judge and state's attorney - Filing original
Status: in_force

44-10-04. Service of accusation by judge and state's attorney - Filing original

After receiving the accusation, the judge to whom it is delivered forthwith shall cause it to be

transmitted to the state's attorney of the county except when the state's attorney is the officer

accused. The state's attorney shall cause a copy thereof to be served upon the defendant and

shall require by written notice of not less than five days that the defendant appear before the

district court of the county and answer the accusation at a specified time. The original

accusation then must be filed with the clerk of court.
N.D. Cent. Code § 44-09-04 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-04
44-09-04. Form of articles of impeachment - Specifications
Status: in_force

44-09-04. Form of articles of impeachment - Specifications

The articles of impeachment must be divided into separate charges and specifications

thereunder. The charges must be numbered consecutively and separately and each must set

forth in a general way the facts claimed to constitute one of the offenses named in section
N.D. Cent. Code § 44-11-04 — ND Code / Title 44 / Chapter 44-11 / Section 44-11-04
44-11-04. Suspension of officer - Notice to governing body
Status: in_force

44-11-04. Suspension of officer - Notice to governing body

If the governor judges that the best interests of the state require it to be done, the governor

by written order to be delivered to such officer, may suspend the accused officer from the

performance of duty during the pendency of the removal proceedings. If the governor suspends

the accused, the governor immediately shall notify the board or persons authorized to fill a

vacancy in that office, and that board or those persons, within five days after receipt of such

notice, shall appoint a competent person to fill the office and perform the duties of the officer

during the suspension.
N.D. Cent. Code § 44-02-10 — ND Code / Title 44 / Chapter 44-02 / Section 44-02-10
44-02-10. Vacancy due to military service - How office is filled
Status: in_force

44-02-10. Vacancy due to military service - How office is filled

When the incumbent of any elective office in this state is unable to discharge the duties of

the incumbent's office by reason of service in the armed forces of the United States, an acting

official who shall have the powers of the incumbent must be appointed in the same manner that

an appointment would be made in case of a vacancy in office, the appointment being made from

a list of three names which must be submitted by the incumbent to the appointing body or officer

within thirty days after leaving for the service. Provided, however, in the office of state's attorney

the names of practicing attorneys residing in adjoining counties may be included if there are less

than three practicing attorneys residing in such county in which the appointment is to be made.

If the incumbent has already entered the military service the incumbent shall, within ten days

after the passage and approval of this section, file a list of three names with the appointing body

or officer. If the incumbent fails to submit a list of names, the appointing body or officer shall

make the appointment of the acting official without regard to the incumbent's wishes; provided,

however, that in the filling of such vacancy in the office of state's attorney, a practicing attorney

from an adjoining county may be named to fill such vacancy if there are less than three

practicing attorneys residing in the county where such vacancy is to be filled. Provided, further,

the acting official shall serve, and the acting official's tenure of office must be terminated

immediately upon the incumbent filing a "notice of return" with the secretary of state in instances

in which it is a state official, or with the county auditor when the incumbent is an official of the

county or any of its subdivisions. This section is hereby declared to be retroactive and all

appointments to vacancies heretofore made in the manner herein provided are hereby

validated.
N.D. Cent. Code § 44-04-22 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-22
44-04-22. Conflict of interest law
Status: in_force

44-04-22. Conflict of interest law

A person acting in a legislative or quasi-legislative or judicial or quasi-judicial capacity for a

political subdivision of the state who has a direct and substantial personal or pecuniary interest

in a matter before that board, council, commission, or other body, must disclose the fact to the

body of which that person is a member, and may not participate in or vote on that particular

matter without the consent of a majority of the rest of the body.
N.D. Cent. Code § 44-05-01 — ND Code / Title 44 / Chapter 44-05 / Section 44-05-01
44-05-01. Officers authorized to administer oaths
Status: in_force

44-05-01. Officers authorized to administer oaths

The following officers are authorized to administer oaths:

1. Each justice of the supreme court, each judge of the district court, the clerk of the

supreme court, and the clerk's deputy.

2. The clerk of the district court, county auditor, recorder, and the deputy of each such

officer within that officer's county.

3. Each county commissioner and public administrator within that officer's county.

4. Notary public anywhere in the state.

5. Each city auditor, municipal judge, and township clerk, within that officer's own city or

township.

6. Each sheriff and the deputy sheriff within the sheriff's county in the cases prescribed

by law.

7. Other officers in the cases prescribed by law or by rule of the supreme court.
N.D. Cent. Code § 44-04-19.4 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-19.4
44-04-19.4. Township onsite inspections - Exemption
Status: in_force

44-04-19.4. Township onsite inspections - Exemption

An onsite inspection conducted under section 58-03-20 is an exempt meeting.
N.D. Cent. Code § 44-08-04 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-04
44-08-04. Expense account - Amount allowed - Verification
Status: in_force

44-08-04. Expense account - Amount allowed - Verification

1. Except as provided in section 44-08-04.1, each elective or appointive officer,

employee, representative, or agent of this state, or of any of its subdivisions, agencies,

bureaus, boards, or commissions, may make claim for meals and lodging while

engaged in the discharge of a public duty away from the claimant's normal working

and living residence for all or any part of any quarter of a day. Claims may also be

made for meals that are included as part of a registration fee for a conference,

seminar, or other meeting and for meals attended at the request of and on behalf of

the state or any of its subdivisions, agencies, bureaus, boards, or commissions;

however, if a meal is included in a registration fee, the applicable quarter allowance

cannot be claimed for that meal. Claims for meals specifically included in a registration

fee for a conference, seminar, or other meeting must be allowed even if the city at

which the conference, seminar, or meeting is held or the meal is provided is the

claimant's normal working and living residence. If a higher education athletic team or

other organized institution organization group meal is attended at the request of and

on behalf of the institution, actual expenses for the entire group, including coaches,

trainers, and other employees, may be paid or submitted for payment on a team or

group travel expense report; subsection 2 does not apply; and officers and employees

are not required to document individual expenses or submit individual travel

reimbursement vouchers. Reimbursement is allowed only for overnight travel or other

travel, away from the normal place of employment, for four hours or more. Verification

of expenses by receipt is required only for lodging expenses.

2. For travel within the state, the following rates for each quarter of any twenty-four-hour

period must be used:

a. First quarter is from six a.m. to twelve noon and the sum must be nine dollars.

First quarter reimbursement may not be made if travel began after seven a.m.

b. Second quarter is from twelve noon to six p.m. and the sum must be fourteen

dollars.

c. Third quarter is from six p.m. to twelve midnight and the sum must be twenty-two

dollars.

d. Fourth quarter is from twelve midnight to six a.m.

3. The allowance for out-of-state meals, within the continental United States, is equal to

the per diem meals rate in the city for which a claim is made on that day as

established by rule for federal employees by the United States general services

administration and must be allocated twenty percent to the first quarter, thirty percent

to the second quarter, and fifty percent to the third quarter.

4. The allowance for meals in noncontinental United States and overseas nonforeign

areas, including Alaska, Hawaii, and Guam, is equal to the per diem meals rate in the

city for which a claim is made on that day as established by rule for federal employees

established by the United States per diem committee.

5. The allowance for meals outside the United States is equal to the per diem meals rate

in the city for which a claim is made on that day as established by rule for federal

employees established by the United States department of state.

6. The allowance for in-state lodging must be equal to the United States general services

administration lodging rate for the North Dakota city for which the lodging claim is

made, plus any additional applicable state or local taxes. The director shall establish a

policy to set the lodging allowance in instances when the United States general

services administration lodging rate is not available. The allowance for lodging outside

the state must be the actual lodging expense.

7. A department, institution, or agency of this state may set a rate for travel expenses

outside the state less than those set forth in this section. Verification of any other type

of expense not prescribed by this section must be as prescribed by the office of the

budget except no receipt may be required for taxi or cab fares of ten dollars or less.

The office of management and budget shall disapprove any claim it determines to be

in error or unlawful or not within the limits of legislative appropriations.
N.D. Cent. Code § 44-06.1-19 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-19
44-06.1-19. Short form
Status: in_force

44-06.1-19. Short form

The following short form certificates of notarial acts are sufficient for the purposes indicated,

if completed with the information required by subsections 1 and 2 of section 44-06.1-14:

1. For an acknowledgment in an individual capacity:

State of ________________________________

[County] of _________________

This record was acknowledged before me on ____ by ____________________

Date Name(s) of individual(s)

__________________________

Signature of notarial officer

Stamp

[_______________________]

Title of office

[My commission expires: __________________.]

2. For an acknowledgment in a representative capacity:

State of ______________________________

[County] of _______________

This record was acknowledged before me on _____ by __________________

Date Name(s) of individual(s)

(type of authority, such as officer or trustee) of (name of party on behalf of whom

record was executed).

____________________________

Signature of notarial officer

Stamp

[__________________________]

Title of office

[My commission expires: __________.]

3. For a verification on oath or affirmation:

State of ____________________________

[County] of ________________

Signed and sworn to (or affirmed) before me on _____ by ___________________

Date Name(s) of individual(s)

making statement

__________________________

Signature of notarial officer

Stamp

[______________________]

Title of office

[My commission expires:______________.]

4. For witnessing or attesting a signature:

State of ______________________________

[County] of __________________

Signed [or attested] before me on __________ by _____________________

Date Name(s) of individual(s)

___________________________

Signature of notarial officer

Stamp

[___________________________]

Title of office

[My commission expires: __________________.]

5. For certifying a copy of a record:

State of ________________________________

[County] of __________________

I certify that this is a true and correct copy of a record in the possession of

_______________________________.

Dated ____________________________

__________________________

Signature of notarial officer

Stamp

[_________________________]

Title of office

[My commission expires: _______________.]
N.D. Cent. Code § 44-06.1-26 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-26
44-06.1-26. Notary public commission in effect
Status: in_force

44-06.1-26. Notary public commission in effect

A commission as a notary public in effect on August 1, 2011, continues until its date of

expiration. A notary public who applies to renew a notary public commission after August 1,

2011, shall comply with the provisions of this chapter. A notary public, in performing notarial acts

after August 1, 2011, shall comply with the provisions of this chapter and is subject to refusal to

renew the notary public's commission or revocation or suspension of the notary public's

commission under this chapter.
N.D. Cent. Code § 44-04-18.33 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.33
44-04-18.33. Secretary of state - Petition records - Exempt
Status: in_force

44-04-18.33. Secretary of state - Petition records - Exempt

A record received by the secretary of state, which is related to a request for approval of a

petition to initiate or refer a measure, is an exempt record until the secretary of state has passed

upon the sufficiency of the petition under section 16.1-01-10, or thirty-five days have passed

since the secretary of state received the record, whichever occurs first.
N.D. Cent. Code § 44-04-10 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-10
44-04-10. Violation of provisions against nepotism - Penalty
Status: in_force

44-04-10. Violation of provisions against nepotism - Penalty

Any moneys paid out, in violation of section 44-04-09, must be deducted from the salary of

the hiring or contracting state official or state employee.
N.D. Cent. Code § 44-02-03 — ND Code / Title 44 / Chapter 44-02 / Section 44-02-03
44-02-03. Vacancy in state or district office - How filled
Status: in_force

44-02-03. Vacancy in state or district office - How filled

Any vacancy in a state or district office, except in the office of a member of the legislative

assembly, must be filled by appointment by the governor. The governor may not fill a vacancy in

the office of a member of the legislative assembly. A vacancy in the office of a supreme court

justice or district court judge must be filled as provided in chapter 27-25. If during a vacancy in

the office of governor, the lieutenant governor and the secretary of state are impeached,

displaced, resign, or die, or from mental or physical disease or otherwise become incapable of

performing the duties of the office of governor as provided by sections 2 and 7 of article V of the

Constitution of North Dakota, then the succession to the office of governor is the speaker of the

house, president pro tempore of the senate, attorney general, in the order named. Each

succeeding person named shall hold the office of governor until the vacancy is filled by election

or until any disability of the preceding person in the line of succession is removed.
N.D. Cent. Code § 44-10-13 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-13
44-10-13. Process for witnesses
Status: in_force

44-10-13. Process for witnesses

The state's attorney, or other person appointed to prosecute, and the defendant,

respectively, are entitled to such process as may be necessary to enforce the attendance of

witnesses as upon a trial of an information or indictment.
N.D. Cent. Code § 44-08-17 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-17
44-08-17. Political subdivisions authorized to purchase insurance on the life of law enforcement officer - Benefits payable to dependent survivor
Status: in_force

44-08-17. Political subdivisions authorized to purchase insurance on the life of law

enforcement officer - Benefits payable to dependent survivor.

Any political subdivision may purchase insurance on the life of a law enforcement officer

employed by that political subdivision. Such insurance policy must be purchased from an

insurance company licensed to do business in this state. If the insurance is purchased, the

officer insured thereunder may designate that officer's dependent survivor or survivors to whom

the death benefit provided under the policy must be paid. The word "dependent" means that the

deceased officer provided some financial support within one year before the officer's death to

the survivor and must be liberally construed for the purposes of this section. In the event the

officer has not designated a dependent survivor or survivors, the death benefit payable must be

paid to the closest survivor in the following order:

1. Spouse.

2. Children.

3. Parent.

4. Brother or sister.

However, if there is more than one qualifying survivor in subsection 2, 3, or 4, the death benefit

must be paid in equal shares to the survivors in that category. The death benefit provided by an

insurance policy purchased pursuant to this section may not exceed the amount of ten thousand

dollars on the life of one law enforcement officer. Any death benefit paid due to purchase of an

insurance policy under the provisions of this section must be in addition to any benefits paid due

to the death of that officer under any other provisions of law.
N.D. Cent. Code § 44-09-21 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-21
44-09-21. Adoption of resolution - Judgment of senate
Status: in_force

44-09-21. Adoption of resolution - Judgment of senate

On the adoption of the resolution by a majority of the members present who voted on the

question of acquittal or conviction, it becomes the judgment of the senate.
N.D. Cent. Code § 44-09-27 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-27
44-09-27. Impeachment trial - Compensation of officers and witnesses - Payment
Status: in_force

44-09-27. Impeachment trial - Compensation of officers and witnesses - Payment

The same fees must be allowed to witnesses, officers, and other persons serving process or

orders as are allowed for like services in criminal actions, but no fees can be demanded in

advance. Such fees must be certified and paid as provided in section 44-09-26 for the payment

of the senate officers, clerks, reporters, and counsel but subject to the right of the senate to

disallow all fees and charges which it shall deem unreasonable or unnecessary.
N.D. Cent. Code § 44-08-01.1 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-01.1
44-08-01.1. Bids to be sealed - Designation of time and place for opening - Preference for tie bids
Status: in_force

44-08-01.1. Bids to be sealed - Designation of time and place for opening - Preference

for tie bids.

Notwithstanding any other provisions of the North Dakota Century Code, the governing

bodies of the political subdivisions of the state of North Dakota shall accept only sealed bids,

whenever by law or administrative decision they are required to call for, advertise, or solicit bids

for the purchase of personal property and equipment. Whenever a political subdivision of this

state calls for, advertises, or solicits sealed bids, it shall designate a time and place for the

opening of such bids. If all of the bids are not rejected, the purchase must be made from the

bidder submitting the lowest and best bid meeting or exceeding the specifications set out in the

invitation for bids. In the event that two or more bids contain identical pricing or receive identical

evaluation scores, preference must be given to bids submitted by North Dakota vendors.
N.D. Cent. Code § 44-01-03 — ND Code / Title 44 / Chapter 44-01 / Section 44-01-03
44-01-03. When state and district officers shall qualify
Status: in_force

44-01-03. When state and district officers shall qualify

Except when otherwise specially provided, all state and district officers shall qualify on the

first day of January next succeeding their election and on said first day of January shall enter

upon the discharge of the duties of their respective offices, provided that when a person is

elected to fill an unexpired term in a district office then vacant or then held by an appointee,

such person may qualify and enter upon the discharge of the duties of such office at any time

after receiving a certificate of election to that office but not later than the first day of January

next succeeding the date of election to the unexpired term of office.
N.D. Cent. Code § 44-04-18.29 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.29
44-04-18.29. Information received for audits by the board of university and school lands
Status: in_force

44-04-18.29. Information received for audits by the board of university and school

lands.

A record received by the board of university and school lands from a private entity for

purposes of the board's audit of the entity's coal, oil, gas, or other royalty payments to the board

is confidential. However, the board may furnish information to the attorney general, other state

agencies, a prosecuting official requiring the information for use in the prosecuting official's

official duties, or for legislative investigations under chapter 54-03.2. Confidential information

furnished by the board to any third party under this section remains confidential while in the

possession of the third party. Confidential information received by the board from any third party

under this section remains confidential while in the possession of the board.
N.D. Cent. Code § 44-04-18.10 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.10
44-04-18.10. Disclosure of public records
Status: in_force

44-04-18.10. Disclosure of public records

1. A public entity may not deny a request for an open record on the ground that the

record also contains confidential or closed information.

2. Subject to subsection 3 of section 44-04-18, if confidential or closed information is

contained in an open record, a public entity shall permit inspection and receipt of

copies of the information contained in the record that is not confidential or closed, but

shall delete, excise, or otherwise withhold the confidential or closed information.

3. An officer or employee of a public entity may disclose or comment on the substance of

an open record. Any agreement prohibiting the disclosure or comment is void and

against public policy.

4. Unless otherwise prohibited by federal law, records of a public entity which are

otherwise closed or confidential may be disclosed to any public entity or federal

agency for the purpose of law enforcement or collection of debts owed to a public

entity, provided that the records are not used for other purposes and the closed or

confidential nature of the records is otherwise maintained. For the purpose of this

subsection, "public entity" is limited to those entities defined in subdivision a or b of

subsection 13 of section 44-04-17.1.

5. Confidential records that are authorized by law to be disclosed to another entity

continue to be confidential in the possession of the receiving entity, except as

otherwise provided by law.

6. Records confidential or exempt under subsection 7 of section 44-04-18.4 and which

are required to be disclosed to another entity for emergency or disaster prevention,

protection, mitigation, response, and recovery or for cybersecurity planning, mitigation,

or threat remain confidential or exempt after the required disclosure.
N.D. Cent. Code § 44-04-18.5 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.5
44-04-18.5. Computer software programs exempt
Status: in_force

44-04-18.5. Computer software programs exempt

Any computer software program or component of a computer software program contracted,

developed, or acquired by a public entity or state agency, institution, department, or board and

for which the public entity or state agency, institution, department, or board acquires a license,

copyright, or patent is exempt from section 44-04-18 and section 6 of article XI of the

Constitution of North Dakota. After receiving written approval from the governor, a state agency,

institution, department, or board may enter into agreements for the sale, licensing, and

distribution of its contracted, licensed, patented, or copyrighted computer software programs. A

state agency, institution, department, or board may take any needed action, including legal

action, to protect the state's interest in the computer software against improper or unlawful use

or infringement and may collect and enforce the collection of any sums due for the licensing or

sale of the computer software. A public entity may enter into agreements for the sale, licensing,

and distribution of its licensed, patented, or copyrighted computer software programs.
N.D. Cent. Code § 44-10-15 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-15
44-10-15. Proceedings to remove state's attorney
Status: in_force

44-10-15. Proceedings to remove state's attorney

The proceedings provided for in this chapter may be had on like grounds for the removal of

a state's attorney, except that the accusation must be delivered by the judge to the clerk of the

district court, and by the clerk to such person as may be appointed by the judge to act as

prosecuting officer in the matter. The prosecuting officer is authorized and required to conduct

the proceedings.
N.D. Cent. Code § 44-04-04 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-04
44-04-04. Aliens convicted of felony or adjudged mentally ill
Status: in_force

44-04-04. Aliens convicted of felony or adjudged mentally ill

Whenever any person convicted of a felony or adjudged mentally ill is committed to the

custody of the department of corrections and rehabilitation, a county jail, or to any other county

institution that is supported wholly or in part by public funds, the warden, superintendent, sheriff,

or other officer in charge shall inquire immediately into the nationality of that person, and, if it

appears that that person is an alien, immediately shall notify the United States immigration

officer in charge of the district in which that person is located, of the date of and the reason for

the commitment, the length of time for which the alien was committed, the country of which the

alien is a citizen, and the date on, and the port at, which the alien last entered the United States.
N.D. Cent. Code § 44-04-21.3 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-21.3
44-04-21.3. Attorney general referral and criminal penalties
Status: in_force

44-04-21.3. Attorney general referral and criminal penalties

The attorney general may refer to the appropriate state's attorney any public servant as

defined in section 12.1-01-04 who has been found in more than one opinion issued pursuant to

section 44-04-21.1 to have violated section 44-04-18, 44-04-19, 44-04-19.2, 44-04-20, or
N.D. Cent. Code § 44-06.1-07 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-07
44-06.1-07. Authority to refuse to perform notarial act
Status: in_force

44-06.1-07. Authority to refuse to perform notarial act

1. A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:

a. The individual executing the record is competent or has the capacity to execute

the record; or

b. The individual's signature is knowingly and voluntarily made.

2. Except as prohibited by law other than the provisions of this chapter, a notarial officer

may refuse to perform a notarial act.
N.D. Cent. Code § 44-04-18.34 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.34
44-04-18.34. Admissions applications to institutions of higher education - Exempt
Status: in_force

44-04-18.34. Admissions applications to institutions of higher education - Exempt

A record related to an individual's application for admission to an institution of higher

education under the administration of the state board of higher education is exempt, except as

otherwise provided by law. Subject to the retention requirements under section 15-10-44, the

record must be destroyed upon request of the applicant or the parent or guardian of an

applicant who was under eighteen years of age at the time the application was submitted. An

individual may not access or disclose an exempt record under this section for a reason other

than carrying out regular duties as an employee of an institution of higher education, except as

otherwise provided under this chapter.
N.D. Cent. Code § 44-04-18.24 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.24
44-04-18.24. Legislative bill tracking records - Exempt
Status: in_force

44-04-18.24. Legislative bill tracking records - Exempt

Any record maintained within a legislative bill tracking system administered or operated by a

public entity is an exempt record.
N.D. Cent. Code § 44-04-18.1 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.1
44-04-18.1. Public employee personal, medical, and employee assistance records - Confidentiality - Personal information maintained by state entities - Exempt
Status: in_force

44-04-18.1. Public employee personal, medical, and employee assistance records -

Confidentiality - Personal information maintained by state entities - Exempt.

1. Any record of a public employee's medical treatment or use of an employee assistance

program is not to become part of that employee's personnel record and is confidential

and, except as otherwise authorized by law, may not be used or disclosed without the

written authorization of the employee. As used in this section, the term "public

employee" includes any individual who has applied for employment, is employed, or

has been employed by a public entity.

2. Except as otherwise specifically provided by law, personal information regarding a

public employee contained in an employee's personnel record or given to the state or

a political subdivision by the employee in the course of employment is exempt. As

used in this section, "personal information" means a person's month and day of birth;

home address; home telephone number or personal cell phone number; photograph;

medical information; motor vehicle operator's identification number; public employee

identification number; payroll deduction information; the name, address, telephone

number, and date of birth of any dependent or emergency contact; any credit, debit, or

electronic fund transfer card number; and any account number at a bank or other

financial institution. Information regarding the type of leave taken by an employee is

exempt, although the amount of leave taken or accrued, and the dates of the leave

taken, is public record. Information regarding leave applied for but not yet taken is

exempt until the leave is taken.

3. Nonconfidential information contained in a personnel record of an employee of a public

entity as defined in subdivision c of subsection 13 of section 44-04-17.1 is exempt.

4. Except as otherwise specifically provided by law, personal information regarding a

licensee maintained by an occupational or professional board, association, state

agency, or commission created by law is exempt. As used in this section, "licensee"

means an individual who has applied for, holds, or has held in the past an occupational

or professional license, certificate, credential, permit, or registration issued by a state

occupational or professional board, association, agency, or commission.

5. Information relating directly to persons engaged in an organized public safety peer

counseling or a public safety peer debriefing is exempt.

6. Records relating to a public entity's internal investigation of a complaint against a

public entity or employee for misconduct are exempt until the investigation of the

complaint is complete, but no longer than seventy-five calendar days from the date of

the complaint.
N.D. Cent. Code § 44-01-13 — ND Code / Title 44 / Chapter 44-01 / Section 44-01-13
44-01-13. Governor may require additional bond of state officers
Status: repealed

44-01-13. Governor may require additional bond of state officers

Repealed by S.L. 1999, ch. 113, § 24.
N.D. Cent. Code § 44-04-18.26 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.26
44-04-18.26. Requests for records by members of the legislative assembly and the legislative council
Status: in_force

44-04-18.26. Requests for records by members of the legislative assembly and the

legislative council.

Notwithstanding section 44-04-18.6, any record of the legislative council relating to a

request for public records made by the legislative council on behalf of a member of the

legislative assembly is a public record. The legislative council shall maintain a written or digital

record of any request for public records made on behalf of a member of the legislative assembly

which identifies the member of the legislative assembly who made the request.
N.D. Cent. Code § 44-04-18.8 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.8
44-04-18.8. Examination questions and procedures exemption
Status: in_force

44-04-18.8. Examination questions and procedures exemption

The following records are not subject to section 44-04-18 and section 6 of article XI of the

Constitution of North Dakota: examination or test questions, scoring keys, and other data used

to administer any licensing, employment, academic, or certification examination or test, if the

examination or test is to be used again in whole or in part; and records establishing examination

or test procedures and instructions regarding the administration, grading, or evaluation of any

examination or test, if disclosure may affect scoring outcomes.
N.D. Cent. Code § 44-04-02 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-02
44-04-02. Penalty for failure to make report
Status: repealed

44-04-02. Penalty for failure to make report

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 44-11-05 — ND Code / Title 44 / Chapter 44-11 / Section 44-11-05
44-11-05. Notice of charges - Taking testimony
Status: repealed

44-11-05. Notice of charges - Taking testimony

Repealed by S.L. 2013, ch. 342, § 12.
N.D. Cent. Code § 44-05-04 — ND Code / Title 44 / Chapter 44-05 / Section 44-05-04
44-05-04. Place of filing oath of office
Status: in_force

44-05-04. Place of filing oath of office

Unless otherwise provided by law, any civil or public officer required by section 44-01-05 or

any other provision of law to take an oath of office must file the original oath as follows:

1. If a state official or member of a state board, with the secretary of state.

2. If a county official or member of a county board, with the county auditor.

3. If a city official or member of a city board, with the city auditor.

4. If a member of a district or political subdivision that is larger than a county, with the

secretary of state.
N.D. Cent. Code § 44-09-23 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-23
44-09-23. Effect of judgment of conviction
Status: in_force

44-09-23. Effect of judgment of conviction

If a judgment of conviction is given, the defendant is disqualified from exercising any of the

functions of the office and from receiving the salary, fees, or emoluments thereof, and the office

must be filled for the remainder of the term as upon a vacancy.
N.D. Cent. Code § 44-01-10 — ND Code / Title 44 / Chapter 44-01 / Section 44-01-10
44-01-10. Approval of bond - Signature of officer approving
Status: repealed

44-01-10. Approval of bond - Signature of officer approving

Repealed by S.L. 2003, ch. 380, § 1.
N.D. Cent. Code § 44-01-02 — ND Code / Title 44 / Chapter 44-01 / Section 44-01-02
44-01-02. Credit for military service
Status: in_force

44-01-02. Credit for military service

Any person elected or appointed to any position or office in this state, or in any political

subdivision thereof, in which length of service is one of the qualifications necessary to election

or appointment, must be given credit for service in the army of the United States between

April 6, 1917, and November 11, 1919, in the particular vocation, profession, or trade in which

the person was engaged at the time of entering such service, if the person holds an honorable

discharge from the military service of the United States and is recognized as a North Dakota

soldier.
N.D. Cent. Code § 44-10-11 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-11
44-10-11. Trial by jury
Status: in_force

44-10-11. Trial by jury

The trial must be by a jury and must be conducted in all respects in the same manner as the

trial of an information or indictment for a misdemeanor.
N.D. Cent. Code § 44-04-09 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-09
44-04-09. Nepotism
Status: in_force

44-04-09. Nepotism

A state official or state employee, in the exercise of that official's or employee's duties, may

not serve in a supervisory capacity over, or enter a personal service contract with, that official's

or employee's parent by birth or adoption, spouse, son or daughter by birth or adoption,

stepchild, brother or sister by whole or half blood or by adoption, brother-in-law or sister-in-law,

or son-in-law or daughter-in-law. As used in this section, "supervisory capacity" means the

authority to appoint, employ, hire, assign, transfer, promote, evaluate, reward, discipline,

demote, or terminate. As used in this section, "evaluate" does not include evaluations by peers

or subordinates. This section does not apply to an employment relationship or contract entered

before August 1, 1999; nor to any employment relationship or contract entered before the state

official or employee assumed the supervisory capacity; nor to any temporary work arrangement

necessary to meet a critical and urgent agency need.
N.D. Cent. Code § 44-10-05 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-05
44-10-05. Defendant must appear and answer accusation
Status: in_force

44-10-05. Defendant must appear and answer accusation

The defendant must appear at the time appointed in the notice and answer the accusation,

unless for sufficient cause, the court assigns another day for that purpose. If the defendant does

not appear, the court may proceed to hear and determine the accusation in the defendant's

absence.
N.D. Cent. Code § 44-11-07 — ND Code / Title 44 / Chapter 44-11 / Section 44-11-07
44-11-07. Removal from office upon hearing - Filling vacancy
Status: in_force

44-11-07. Removal from office upon hearing - Filling vacancy

If after reviewing the report and recommendation, the governor determines that removal is

in the best interests of the state, the governor shall make an order in writing removing the

accused from office, and shall cause a copy of the order to be delivered to the accused and one

copy to be delivered to the board or persons having the authority to fill a vacancy in that office.

Thereupon that board or person, within five days thereafter, shall appoint a competent person to

fill the office and perform the duties thereof, unless the accused, prior to the final hearing, had

been suspended as provided by this chapter, and an interim appointment made. In such case

the person appointed to the office during the suspension shall continue until the expiration of the

term for which the accused was elected or appointed. If the governor decides that removal is not

in the best interests of the state, the governor shall notify the individuals who filed the petition

and summarize the reasons for the decision.
N.D. Cent. Code § 44-11-13 — ND Code / Title 44 / Chapter 44-11 / Section 44-11-13
44-11-13. Costs on dismissal of charges - Bond
Status: repealed

44-11-13. Costs on dismissal of charges - Bond

Repealed by S.L. 2013, ch. 342, § 12.
N.D. Cent. Code § 44-08-23 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-23
44-08-23. Removal of political subdivision officer
Status: in_force

44-08-23. Removal of political subdivision officer

Notwithstanding any other provision of law, the governing body of a political subdivision may

remove from office any individual the governing body has appointed to any office, board, or

commission, for misconduct, malfeasance, crime in office, or neglect of duty or for habitual

drunkenness or gross incompetence, after notice and opportunity for a hearing.
N.D. Cent. Code § 44-04-18.28 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-18.28
44-04-18.28. Title IX records at state universities and colleges exempt
Status: in_force

44-04-18.28. Title IX records at state universities and colleges exempt

Any record related to a complaint or investigation under title IX of the Education

Amendments of 1972 [Pub. L. 92-318; 20 U.S.C. 1681 et seq.] at an institution under the control

of the state board of higher education which contains personally identifiable information about a

party to the complaint is an exempt record. For purposes of this section, "personally identifiable

information" means information that directly identifies an individual, and information that, alone

or in combination with other information, is linked or linkable to an individual and would allow a

reasonable person who lacks knowledge of the relevant circumstances to identify the individual.
N.D. Cent. Code § 44-09-17.1 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-17.1
44-09-17.1. Depositions may be taken
Status: in_force

44-09-17.1. Depositions may be taken

In any impeachment trial conducted before the senate of the state of North Dakota, the

testimony of any witness not a resident of the state of North Dakota and not amenable to

subpoena within the state of North Dakota at the time of such trial may be taken by deposition

upon the same notice, in the same manner and before any officer authorized to take depositions

in civil cases in the courts of the state, upon subpoena issued by the clerk of the supreme court

or the secretary of the senate, such subpoena must be issued upon the request of the

prosecution or defense or the attorneys for either of them. Any such deposition when

transcribed and certified by the officer taking the same must be by that officer filed with the

secretary of state of the state of North Dakota, and must be held by the secretary of state,

subject to examination by the board of managers, their attorneys, the impeached officer, and the

impeached officer's attorneys until the time of trial when it must, upon the request of the board

of managers, be delivered to the secretary of the senate. Any such deposition must be in such

manner as the senate may prescribe.
N.D. Cent. Code § 44-09-14 — ND Code / Title 44 / Chapter 44-09 / Section 44-09-14
44-09-14. Duty of secretary of senate
Status: in_force

44-09-14. Duty of secretary of senate

The secretary of the senate in all cases of impeachment shall keep a full and correct record

of all proceedings. Said record shall be a public record. The secretary of the senate also shall

have power to administer all requisite oaths and affirmations.
N.D. Cent. Code § 44-08-19 — ND Code / Title 44 / Chapter 44-08 / Section 44-08-19
44-08-19. Political activities by public employees prohibited while on duty - Definition
Status: in_force

44-08-19. Political activities by public employees prohibited while on duty - Definition

1. No public employee may engage in political activities while on duty or in uniform.

Although nothing in this section prevents any such employee from becoming or

continuing to be a member or officer of a political club or organization, from attendance

at a political meeting, from contributing to or otherwise supporting candidates of the

employee's choice, from enjoying entire freedom from all interference in casting a vote

or favoring candidates, or from seeking or accepting election or appointment to public

office, the governing body of any political subdivision may adopt appropriate

ordinances prohibiting public employees from engaging in political activities while such

employees are on duty or in uniform.

2. For the purposes of this section, "political activities" means those activities defined by

section 39-01-04.
N.D. Cent. Code § 44-06.1-12 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-12
44-06.1-12. Notarial act under federal authority
Status: in_force

44-06.1-12. Notarial act under federal authority

1. A notarial act performed under federal law has the same effect under the law of this

state as if performed by a notarial officer of this state, if the act performed under

federal law is performed by:

a. A judge, clerk, or deputy clerk of a court;

b. An individual in military service or performing duties under the authority of military

service who is authorized to perform notarial acts under federal law;

c. An individual designated a notarizing officer by the United States department of

state for performing notarial acts overseas; or

d. Any other individual authorized by federal law to perform the notarial act.

2. The signature and title of an individual acting under federal authority and performing a

notarial act are prima facie evidence that the signature is genuine and that the

individual holds the designated title.

3. The signature and title of an officer described in subdivision a, b, or c of subsection 1

establish the authority of the officer to perform the notarial act.
N.D. Cent. Code § 44-10-17 — ND Code / Title 44 / Chapter 44-10 / Section 44-10-17
44-10-17. Accusation - Notice to appear - Service on defendant
Status: in_force

44-10-17. Accusation - Notice to appear - Service on defendant

The state's attorney of the county, or person appointed to prosecute, must cause a copy of

the accusation to be served upon the accused and, by written notice, must require the accused

to appear before the court at a time specified, not more than twenty days nor less than five days

from the time the accusation was presented, and answer said accusation.
N.D. Cent. Code § 44-06.1-04 — ND Code / Title 44 / Chapter 44-06.1 / Section 44-06.1-04
44-06.1-04. Requirements for certain notarial acts
Status: in_force

44-06.1-04. Requirements for certain notarial acts

1. A notarial officer who takes an acknowledgment of a record shall determine, from

personal knowledge or satisfactory evidence of the identity of the individual, that the

individual appearing before the officer and making the acknowledgment has the

identity claimed and that the signature on the record is the signature of the individual.

2. A notarial officer who takes a verification of a statement on oath or affirmation shall

determine, from personal knowledge or satisfactory evidence of the identity of the

individual, that the individual appearing before the officer and making the verification

has the identity claimed and that the signature on the statement verified is the

signature of the individual.

3. A notarial officer who witnesses or attests to a signature shall determine, from personal

knowledge or satisfactory evidence of the identity of the individual, that the individual

appearing before the officer and signing the record has the identity claimed.

4. A notarial officer who certifies or attests a copy of a record or an item that was copied

shall determine that the copy is a full, true, and accurate transcription or reproduction

of the record or item.

5. A notarial officer who makes or notes a protest of a negotiable instrument shall

determine the matters set forth in section 41-03-62.
N.D. Cent. Code § 44-04-17 — ND Code / Title 44 / Chapter 44-04 / Section 44-04-17
44-04-17. Various officers' restrictions - Penalty
Status: repealed

44-04-17. Various officers' restrictions - Penalty

Repealed by S.L. 1975, ch. 106, § 673.