reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-05 - Money Brokers › Chapter 13-05-01 - Money Brokers › Section 13-05-01-01 - No advance fee - Exception

Current through Supplement No. 393, July, 2024
Except as specified by this section, no money broker may
				  accept any type of fee in advance, to include expense deposits, from a
				  potential borrower for the procurement of a loan. A money broker may accept an
				  advance expense deposit which may not exceed the money broker's good-faith
				  estimate of the actual cost of any appraisal or credit reports performed by an
				  independent appraiser or independent credit reporting agency and required by
				  the originating lender for the evaluation of the potential borrower's loan
				  application. Any expense deposit that exceeds the actual cost of any appraisal
				  or credit reports must be promptly refunded to the borrower or credited to the
				  borrower's account at the time of the loan closing.
General Authority:
NDCC
					  13-04.1-01
Law Implemented:
NDCC
					  13-04.1-06
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-05 - Money Brokers › Chapter 13-05-01 - Money Brokers › Section 13-05-01-02 - Contracts to be in writing

Current through Supplement No. 393, July, 2024
Before a money broker performs any services for a potential
				  borrower, the money broker and the borrower shall enter into a written contract
				  specifying the duties and conditions under which the money broker shall perform
				  the broker's services. The contract must fully disclose estimated commissions
				  and fees, must have a definite expiration date, and must indicate costs to be
				  paid if the loan is not closed. A provision must be made designating the timing
				  of fee payments (i.e., on commitment, on closing, on
				  funding).
General Authority:
NDCC
					  13-04.1-01
Law Implemented:
NDCC
					  13-04.1-06
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-05 - Money Brokers › Chapter 13-05-01 - Money Brokers › Section 13-05-01-03 - Full disclosure required

Current through Supplement No. 393, July, 2024
In all dealings between a borrower and a money broker, the
				  money broker is charged with a duty to fully and fairly inform the prospective
				  borrower of all liabilities, costs, and other financial obligations that can or
				  will be incurred by the borrower if the borrower uses the services of the money
				  broker.
General Authority:
NDCC
					  13-04.1-01
Law Implemented:
NDCC
					  13-04.1-06
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-05 - Money Brokers › Chapter 13-05-01 - Money Brokers › Section 13-05-01-04 - Contents of loan disclosure statement

Current through Supplement No. 393, July, 2024
Whenever a money broker arranges a loan for a borrower, the
				  following loan disclosure statements must be prepared by the money broker for
				  the borrower and set forth in a plain language and meaningful order:
1.
Summary of loan terms.
Money
				brokers must provide all loan disclosures mandated under title 12, Code of
				Federal Regulations, part 1024 and title 12, Code of Federal Regulations, part
				1026.
2.
General information
				concerning loans.
a. The amount of
				principal and interest payable, the interest rate, the number of payments and
				whether they are monthly or quarterly, and whether there is a final or balloon
				payment to pay off the loan in full. If there is a balloon payment, the
				following cautionary instructions must be printed in bold type on the contract:
				CAUTION TO BORROWER: IF YOU DO NOT HAVE THE FUNDS TO PAY THE BALLOON PAYMENT
				WHEN DUE, IT MAY BE NECESSARY FOR YOU TO OBTAIN A NEW LOAN AGAINST YOUR
				PROPERTY FOR THIS PURPOSE AND YOU MAY BE REQUIRED TO AGAIN PAY COMMISSION AND
				EXPENSES FOR ARRANGING THE LOAN. KEEP THIS IN MIND IN DECIDING UPON THE AMOUNT
				AND TERMS OF THE LOAN THAT YOU OBTAIN AT THIS TIME.
b. Other information necessary, including the
				land description, types of instruments to be executed, and type of lien that
				will be against the property if the instruments are executed.
c. Any prepayment penalty on full disclosure
				of the terms thereof.
d. Whether
				credit life or credit disability will be required of the borrower as a
				condition of making the loan.
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-05 - Money Brokers › Chapter 13-05-01 - Money Brokers › Section 13-05-01-05 - Restrictions on chargeable costs and expenses

Current through Supplement No. 393, July, 2024
In addition to the initial written contract, the money broker
				  shall give to the potential borrower an estimate of the amount of chargeable
				  costs and expenses that will be collected by the money broker in case no loan
				  is found for the borrower. An estimated total cost to the borrower under these
				  conditions must be itemized and stated to the borrower. All of these costs and
				  expenses, if actually expended and chargeable to the borrower, must have been
				  actually and reasonably expended for the potential borrower's
				  benefit.
General Authority:
NDCC
					  13-04.1-01
Law Implemented:
NDCC
					  13-04.1-06
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-05 - Money Brokers › Chapter 13-05-01 - Money Brokers › Section 13-05-01-07 - Availability of records

Current through Supplement No. 393, July, 2024
The money broker shall maintain all records of its
				  transactions at its office for at least six years and these records must be
				  subject to examination by the department of financial
				  institutions.
General Authority:
NDCC
					  13-04.1-01
Law Implemented:
NDCC
					  13-04.1-07
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-05 - Money Brokers › Chapter 13-05-01 - Money Brokers › Section 13-05-01-08 - Statements to borrowers

Current through Supplement No. 393, July, 2024
When loan funds are not provided or arranged for a borrower,
				  any statement from the money broker to the potential borrower whereby the money
				  broker seeks reimbursement of any costs and expenses must contain an itemized
				  listing of costs and expenses chargeable to the potential
				  borrower.
General Authority:
NDCC
					  13-04.1-01
Law Implemented:
NDCC
					  13-04.1-06
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-05 - Money Brokers › Chapter 13-05-01 - Money Brokers › Section 13-05-01-09 - Notice to borrower regarding regulation by the department of financial institutions

Current through Supplement No. 393, July, 2024
The written contract as provided in section 13-05-01-03 of these regulations
				  must contain the following notice in capital letters: NOTICE: MONEY BROKERS ARE
				  LICENSED AND REGULATED BY THE DEPARTMENT OF FINANCIAL INSTITUTIONS, 2000
				  SCHAFER STREET, SUITE G, BISMARCK, NORTH DAKOTA 58501-1204. THE DEPARTMENT OF
				  FINANCIAL INSTITUTIONS HAS NOT PASSED ON THE MERITS OF THE CONTRACT AND
				  LICENSING DOES NOT CONSTITUTE AN APPROVAL OF THE TERMS OR OF THE BROKER'S
				  ABILITY TO ARRANGE ANY LOAN. COMPLAINTS REGARDING THE SERVICES OF MONEY BROKERS
				  SHOULD BE DIRECTED TO THE DEPARTMENT OF FINANCIAL
				  INSTITUTIONS.
General Authority:
NDCC
					  13-04.1-01
Law Implemented:
NDCC
					  13-04.1-06
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-05 - Money Brokers › Chapter 13-05-01 - Money Brokers › Section 13-05-01-10 - Copy of written contracts to the potential borrower

Current through Supplement No. 393, July, 2024
A copy of all written contracts between the money broker and
				  the potential borrower must be given to the potential borrower at the time that
				  the contract is signed.
General Authority:
NDCC
					  13-04.1-01
Law Implemented:
NDCC
					  13-04.1-06
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-05 - Money Brokers › Chapter 13-05-01 - Money Brokers › Section 13-05-01-11 - Unprofessional conduct and grounds for revocation of license

Current through Supplement No. 393, July, 2024
Any act or conduct violating any of the provisions of this
				  chapter or any law or rule regarding money brokers constitutes unprofessional
				  conduct and constitutes grounds for revocation of the money broker
				  license.
General Authority:
NDCC
					  13-04.1-01
Law Implemented:
NDCC
					  13-04.1-08
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter:
1. "Annual percentage rate" means a measure of the cost of
				  credit, expressed as a yearly rate, as calculated under the Truth in Lending
				  Act [  15 U.S.C. 1601  ].
2. "Closed transaction"
				  or "close" means a completed deferred presentment service transaction that has
				  been closed on the database.
3. "Close of business" means the time
				  of day that a provider closes its office to the public for the calendar
				  day.
4. "Database" means the statewide transactional database
				  administered by the department pursuant to North Dakota Century Code chapter
				   13-08.
5. "Database vendor" means the vendor contracted with the
				  department for the purpose of developing and administering the daily operations
				  of the database.
6. "Date of the transaction" means the date on
				  which the written agreement is signed and the funds are
				  advanced.
7. "Deferred presentment service provider" means an
				  entity often referred to as a payday loan, payday advance, or deferred deposit
				  loan provider.
8. "Department" means the North Dakota department of
				  financial institutions.
9. "Financial responsibility" means a
				  financial condition, at a minimum, that is a positive net worth as disclosed in
				  the most recent financial statement.
10. "Generally accepted
				  accounting practices" means procedures adopted by the American institute of
				  certified public accountants and federal accounting standards
				  boards.
11. "Maturity date" means the date agreed upon by a
				  licensee and customer to present a check for final payment. "Maturity date" may
				  also be referred to as date of negotiation, date of presentment, or presenting
				  a check for payment.
12. "Open transaction" or "open" means a
				  deferred presentment service transaction which has been registered and recorded
				  but not completed on the database.
13. "Principal shareholders"
				  means any shareholders which control directly or indirectly the power to vote
				  twenty-five percent or more of the voting shares of the
				  corporation.
14. "Recorded" means the database has assigned a
				  transaction authorization number to a registered transaction, logged it as an
				  open transaction, and communicated the transaction authorization number to the
				  deferred presentment provider.
15. "Registered" means that a
				  deferred presentment provider has provided to the database the information
				  required to identify a valid deferred presentment transaction.
16.
				  "Transaction" means a deferred presentment service transaction.
17.
				  "Unencumbered assets" means any assets when a market value can be readily
				  determined and which are not pledged or held under a security
				  interest.
General Authority:
NDCC
					  13-08-10
Law Implemented:
NDCC
					  13-08-01
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-02 - Financial responsibility

Current through Supplement No. 393, July, 2024
In order to determine financial responsibility, applicants
				  shall provide with the application the most current fiscal year-end financial
				  statements, prepared in accordance with generally accepted accounting
				  principles. The applicant shall also include financial statements for the most
				  recent quarter end.
General Authority:
NDCC
					  13-08-10
Law Implemented:
NDCC
					  13-08-03
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-03 - Determination of bond amount

Current through Supplement No. 393, July, 2024
Each applicant shall maintain a bond issued by a surety
				  company authorized to do business in this state. The bond amount is generally
				  based on the high point of the receivables of the applicant's business, as of
				  the most recent March thirty-first report. If an applicant has more than one
				  licensed location, the bond amount is based on the combined receivables of all
				  locations as of the most recent March thirty-first report. The initial bond
				  amount is based on projected receivables.
A minimum of a twenty thousand dollar bond is based on
				  receivables less than one hundred thousand dollars; a minimum of a fifty
				  thousand dollar bond is based on receivables from one hundred thousand dollars
				  to two hundred fifty thousand dollars; and a minimum of a seventy-five thousand
				  dollar bond is based on receivables greater than two hundred fifty thousand
				  dollars.
However, the commissioner may require a higher bond in the
				  commissioner's sole discretion. The basis for determining the bond amount or
				  any increases in the amount will be based, in part, on:
1. Financial responsibility of the
				licensee.
2. Issuance of any
				enforcement action against the licensee by this state or any other governmental
				entity.
General Authority:
NDCC
					  13-08-10
Law Implemented:
NDCC
					  13-08-03(4)
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-04 - Application

Current through Supplement No. 393, July, 2024
A photograph of the exterior and interior of the business
				  location must be included with the initial application. The application must
				  include fingerprint cards from principal shareholders and managers. Any
				  application received that is incomplete will be returned to the applicant and
				  will not be considered for a license until the completed application is
				  submitted in full.
General Authority:
NDCC
					  13-08-04,
					  13-08-10
Law Implemented:
NDCC
					  13-08-04(3),
					  13-08-06(1)
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-05 - Posting fees

Current through Supplement No. 393, July, 2024
Licensees shall post a notice of fees in a conspicuous
				  location in a minimum font size of forty-eight point.
General Authority:
NDCC
					  13-08-10
Law Implemented:
NDCC
					  13-08-06(1)
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-06 - Change of control

Current through Supplement No. 393, July, 2024
The change of control application must be filed and approved
				  by the commissioner prior to the date the change of ownership is consummated.
				  The department shall act on the application within sixty days from the date the
				  application is received but may extend the review period for good cause. The
				  new applicant must meet the same criteria required of all deferred presentment
				  service provider applicants, including payment of the investigation fee of four
				  hundred dollars. At the commissioner's discretion, the commissioner may require
				  a new license application.
General Authority:
NDCC
					  13-08-07,
					  13-08-10
Law Implemented:
NDCC
					  13-08-07
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-07 - Reports of commissioner

Current through Supplement No. 393, July, 2024
Written reports in this section must be on a form prescribed
				  by the commissioner. Written reports that are required by the commissioner to
				  be filed within fifteen calendar days of the occurrence of the events
				  are:
1. A report of the name change of
				the licensee must be filed with the department prior to the name
				change.
2. Whenever a licensee
				desires to change the licensed place of business, the licensee shall provide
				the department with the following prior to the relocation:
a. A written notice providing the complete
				address of the new location.
b.
				Photographs of both the exterior and interior of the new location.
c. A written sworn statement that the new
				location will not share the premises with that of another business.
d. A report of a change of management of the
				licensee.
e. The original license
				for reissue.
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-08 - Regulations - Examinations

Current through Supplement No. 393, July, 2024
For purposes of any investigation, examination, or proceeding
				  under North Dakota Century Code chapter  13-08, the commissioner may require the
				  production of any books, papers, correspondence, memoranda, agreements, or
				  other documents or records which the commissioner deems relevant or material to
				  the examination, investigation, or proceeding.
General Authority:
NDCC
					  13-08-10
Law Implemented:
NDCC
					  13-08-10
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-09 - Retention of records

Current through Supplement No. 393, July, 2024
The records must be kept for six years from the date of the
				  last transaction. Records must be located at the licensee's business location.
				  With the commissioner's prior written approval, the licensee may retain records
				  at a location other than the licensed location. The licensee shall make a
				  written request to retain records at a location other than the licensed
				  location which shall include the following:
1. The address of the offsite
				location.
2. A contact person and
				telephone number at the offsite location.
3. An acknowledgment that the licensee will
				pay for all examination expenses.
4. A statement that all books, records, and
				account information shall be made available within seventy-two hours after the
				department's request at either the licensed location or the offsite
				location.
General Authority:
NDCC
					  13-08-10
Law Implemented:
NDCC
					  13-08-11
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-10 - Required records

Current through Supplement No. 393, July, 2024
Every licensee shall keep the following records:
1.
Transaction register.
a. The transaction register must contain the
				original entry and be a permanent record, and must show for every transaction
				the transaction number, date of transaction, maturity date, date of rollover
				and new maturity date if any, amount of transaction, name of customer, and the
				amount of fees expressed in dollar amount.
b. The transaction register must be kept
				numerically by transaction number in the order made and must have headings for
				each of the items required.
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-11 - Procedures

Current through Supplement No. 393, July, 2024
1. Each
				document used in the transaction process bearing evidence of indebtedness, and
				executed by a check maker, must bear a transaction number.
2. The name and address of the licensee
				making the transaction must appear on all disclosure statements, all written
				agreements, and any other documents associated with the transaction.
3. At the time any transaction is made, the
				licensee shall give to the maker of the check a written disclosure statement.
				The written disclosure statement must be in a font size not less than ten
				point. The disclosure statement must be signed by the check maker.
4. The disclosure statement must contain the
				following items, which must be explained to and initialed by the check maker:
a. The schedule of fees charged;
b. No security held as condition of
				transaction or method of collection; and
c. Information required under federal law:
(1) Truth in Lending Act [
				 15 U.S.C. 1601  ].
(2) Privacy notice under Federal Trade
				Commission Regulation - Privacy of Consumer Financial Information [ 16 CFR,
				part 313 ].
(3) Equal Credit
				Opportunity Act [  15 U.S.C. 1691  - 1691 f ].
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-12 - Credit practices

Current through Supplement No. 393, July, 2024
Any deferred presentment service provider that contracts with
				  a third-party collection service in an attempt to collect nonsufficient funds,
				  account closed, stop payment orders, or any other returned checks shall provide
				  in the contract a notice of the twenty dollar maximum allowed returned check
				  charge collected per transaction.
A licensee while collecting or attempting to collect an
				  alleged debt may not engage in any of the following acts:
1. Using or threatening to use force,
				violence, or physical harm to a customer or the customer's family or
				property.
2. Threatening arrest or
				criminal prosecution when no basis for such action lawfully exists.
3. Threatening the seizure, attachment, and
				sale of a customer's property when such action can only be taken pursuant to
				court order unless disclosure is made that prior court proceedings are
				required.
4. Disclosing or
				threatening to disclose information adversely affecting a customer's reputation
				for creditworthiness with knowledge or reason to know such information is
				false.
5. Threatening to initiate
				or initiating communication with a customer's employer.
6. Communicating or threatening to
				communicate with a customer or the customer's family with such unreasonable
				frequency as to constitute harassment or at times reasonably considered to be
				unusual hours or known to be inconvenient.
7. Using profane, obscene, or abusive
				language with a customer or the customer's family.
8. Disclosing or threatening to disclose
				information relating to a customer's indebtedness to any other person except
				when such other person has a legitimate business need for the
				information.
9. Disclosing or
				threatening to disclose information concerning the existence of a debt, which
				the licensee knows to be reasonably disputed by the customer, without
				disclosing the fact that the debt is disputed.
10. Attempting or threatening to attempt
				enforcement of a right or remedy with knowledge or reason to know that the
				right or remedy does not exist.
11.
				Using any form of communication simulating legal or judicial process which
				gives the appearance of being authorized, issued, or approved by a governmental
				agency or official or attorney at law when it is not.
12. Using badges, uniforms, or other indicia
				of any governmental agency or official except as authorized by law.
13. Misrepresenting the amount of the debt
				alleged to be owed.
14.
				Representing that an alleged debt may be increased by the addition of
				attorney's fees, investigation fees, or any other fees or charges when there is
				no contractual or statutory authorization for such addition.
General Authority:
NDCC
					  13-08-10
Law Implemented:
NDCC
					  13-08-12
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-13 - General

Current through Supplement No. 393, July, 2024
1. The
				deferred presentment service check must be presented for payment within sixty
				days of the original transaction date.
2. When a payment is made in cash, the
				licensee shall give a receipt to the customer.
3. Unless otherwise authorized by subsection
				14 of North Dakota Century Code section
				 13-08-12, no other business may be
				conducted at the licensed location unless authorized in writing by the
				commissioner. The commissioner's authorization will be predicated upon the
				licensee's agreement to the following:
a. That
				the authorization will not conceal nor facilitate concealment of an evasion of
				North Dakota Century Code chapter  13-06.
b. To comply with any applicable state or
				federal statutes and regulations.
c. To obtain any license or registration
				required by a federal, state, or local governmental agency to engage in the
				other business authorized.
d. That
				the commissioner may examine all records and investigate any or all
				transactions of the licensee.
e.
				That the commissioner retains the right, upon notice and opportunity to be
				heard, to alter, amend, or revoke another business authorization.
f. That if any federal or state statute or
				regulation enacted thereafter prohibits the activity, the authorization shall
				become null and void immediately.
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-15 - Surrender of license

Current through Supplement No. 393, July, 2024
A licensee may surrender a deferred presentment service
				  business license by delivering to the commissioner written notice that the
				  license is surrendered. The surrender does not affect the licensee's civil or
				  criminal liability for acts committed prior to such surrender, affect the
				  liability of the surety on the bond, or entitle such licensee to a return of
				  any part of the annual license fee or fees. The commissioner may establish
				  procedures for the disposition of the books, accounts, and records of the
				  licensee and may require such action as the commissioner deems necessary for
				  the protection of the maker of checks that are outstanding at the time of
				  surrender of the license.
General Authority:
NDCC
					  13-08-10
Law Implemented:
NDCC
					  13-08-10
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-16 - Advertising

Current through Supplement No. 393, July, 2024
A licensee may not advertise in a false, misleading, or
				  deceptive manner or imply or indicate that the rates or charges for loans made
				  are "approved", "set", or "established" by the department of financial
				  institutions.
General Authority:
NDCC
					  13-08-10
Law Implemented:
NDCC
					  13-08-10
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-16.1 - Database

Current through Supplement No. 393, July, 2024
The commissioner may directly administer, or contract with a
				  third-party vendor to operate and maintain a website on behalf of the
				  department, in which each transaction shall be recorded for the purpose of
				  preventing violations of North Dakota Century Code chapter  13-08. Each
				  transaction shall be registered with the database and receive a transaction
				  authorization number evidencing the transaction as being recorded in the
				  database prior to a licensee giving currency or a payment instrument to the
				  customer. As part of the registration process, the licensee shall choose an
				  employee to serve as the licensee's security administrator to act as a point of
				  contact for matters relating to the database administration.
General Authority:
NDCC
					  13-08-10,
					  13-08-12
Law Implemented:
NDCC
					  13-08-02
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-16.2 - Database transaction requirements

Current through Supplement No. 393, July, 2024
1. Prior to engaging in any transaction, a
				licensee must:
a. Access the vendor database
				using the assigned user identification and password provided to each employee
				by the security administrator for the licensee.
b. Conduct a search of the database based
				upon either a social security number, alien registration number, or individual
				taxpayer identification number of the customer seeking a new transaction. The
				database will provide the result of the search indicating whether the customer
				is eligible or ineligible to enter into a new transaction.
c. If the customer is eligible for a new
				transaction, the licensee shall submit all of the required information
				regarding a customer necessary to have the transaction registered on the
				database.
d. Once all of the
				required information has been submitted to the database, and the customer's
				eligibility is confirmed, the transaction will be recorded as open on the
				database, assigned a transaction authorization number, and the transaction
				authorization number will be communicated to the licensee as evidence that the
				transaction has been authorized by the database. The licensee shall place the
				transaction authorization number on the deferred presentment agreement and
				provide a copy of the agreement to the customer.
e. In the event that the database is not
				accessible, the licensee shall follow procedures outlined by the database
				vendor.
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-16.3 - Cancellation, modification, or closing of transactions on database

Current through Supplement No. 393, July, 2024
1. If a deferred
				presentment agreement is canceled, the licensee shall not assess either the
				transaction fee or the verification fee to the customer. The licensee shall
				immediately close the transaction on the database.
2. If a licensee becomes aware of a change of
				information relating to an open transaction, the licensee shall immediately
				update the transaction on the database to ensure that all identifying
				information regarding both the customer and the transaction are accurate,
				including any comments on the transaction which the licensee deems
				relevant.
3. Licensee shall be
				responsible for immediately closing all transactions on the database. The
				licensee shall input the date a transaction closes, as well as the payment
				method.
4. The department shall
				have the authority to make changes to the database transactions as deemed
				necessary. This includes the ability to instruct the database vendor to close
				any transactions associated with a licensee whose license to conduct business
				in North Dakota remains in a nonactive status for thirty days or
				more.
General Authority:
NDCC
					  13-08-10,
					  13-08-12
Law Implemented:
NDCC
					  13-08-12
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-06 - Deferred Presentment Service Providers › Chapter 13-06-01 - Deferred Presentment Service Providers › Section 13-06-01-16.4 - Database transaction fees

Current through Supplement No. 393, July, 2024
A licensee shall be responsible to make payment of all
				  database transaction fees charged for registering a transaction on the database
				  administered or authorized by the commissioner. Database transaction fees will
				  be charged on a per transaction basis. A licensee may charge the database
				  transaction fee to each customer securing the loan for which the database
				  transaction fee is based.
General Authority:
NDCC
					  13-08-10,
					  13-08-12
Law Implemented:
NDCC
					  13-08-12
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-07 - Money Transmitters › Chapter 13-07-01 - Money Transmitters › Section 13-07-01-01 - Definitions

Current through Supplement No. 393, July, 2024
For purposes of this chapter, "past due or doubtful of
				  collection" means cash due from an authorized delegate that is not remitted on
				  or before the tenth business day after the date authorized delegate is required
				  to remit the money under the written agreement between the license holder and
				  the authorized delegate.
General Authority:
NDCC
					  13-09-14
Law Implemented:
NDCC
					  13-09-02,
					  13-09-15
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-08 - Mortgage Loan Originators › Chapter 13-08-01 - Mortgage Loan Originators › Section 13-08-01-01 - Fees

Current through Supplement No. 393, July, 2024
At the time of making an application for licensure under
				  North Dakota Century Code chapter  13-10, the applicant shall include payment in
				  the sum of twenty-five dollars, as a fee for investigating the application, and
				  the sum of fifty dollars for the license fee. Additionally, each licensee shall
				  pay a fifty dollar annual fee upon each renewal. When a mortgage loan
				  originator has been delinquent in renewing its license, the department may
				  charge an additional fee of fifty dollars for the reinstatement of such
				  license. Upon a change of employment to a different money broker, a mortgage
				  loan originator shall pay a fee of twenty-five dollars. All fees shall be
				  submitted through the nationwide mortgage licensing system.
General Authority:
NDCC
					  13-10-03,
					  13-10-10
Law Implemented:
NDCC
					  13-10-10
North Dakota Administrative Code › Title 14 - Barber Examiners, Board of › Article 14-01 - General Administration › Chapter 14-01-01 - Organization of Board › Section 14-01-01-01 - Organization of board of barber examiners

Current through Supplement No. 393, July, 2024
1.
History.
The 1901 legislative assembly passed legislation establishing the board
				of barber examiners, codified as North Dakota Century Code chapter
				 43-04. This chapter requires the
				governor to appoint a board of barber examiners. The board, generally speaking,
				provides supervision of the practice of barbering to protect the public health,
				welfare, and safety. It is the responsibility of the board to protect the
				public and the barbering profession from unfair and uneconomic practices.
2.
Board membership.
The board consists of three members appointed by the governor from a
				list of five names submitted by the state barber association. Each member must
				be a registered barber who has followed the occupation of barber in North
				Dakota for at least five years prior to appointment. Members of the board serve
				three-year terms which are so arranged that one term expires on December
				thirty-first of each year.
3.
Inquiries and complaints.
Inquiries regarding the board and
				complaints regarding violations of this title may be addressed to any member of
				the board.
4.
Inquiries.
Inquiries regarding the board may be addressed to the president:
Ms. Tona Stevenson
President
Board of Barber Examiners
122 Eighth Avenue NW
Minot, ND 58703
General Authority: NDCC 28-32-02.1
Law Implemented: NDCC 28-32-02.1
North Dakota Administrative Code › Title 14 - Barber Examiners, Board of › Article 14-02 - Sanitation and Prevention of Communicable Diseases › Chapter 14-02-01 - General Considerations and Inspections › Section 14-02-01-01 - Inspections

Current through Supplement No. 393, July, 2024
All barber shops and schools or colleges where barber service
				  is rendered shall be open for inspection at all times during business hours to
				  any member of the board, and its agents, assistants, and deputies and to any
				  member of the state department of health. Those persons may inspect any part of
				  the premises to ascertain whether North Dakota Century Code chapter
				   43-04 or North Dakota
				  Administrative Code title 14, is being violated, in order that the board may
				  enforce proper observance of those statutes, rules, and regulations to prevent
				  the spreading of contagious diseases. All barber shops and schools or colleges
				  where barber service is rendered shall be efficiently disinfected and properly
				  cleaned when ordered by an inspector or the proper health officer.
General Authority: NDCC 43-04-11
Law Implemented: NDCC 43-04-44
North Dakota Administrative Code › Title 14 - Barber Examiners, Board of › Article 14-02 - Sanitation and Prevention of Communicable Diseases › Chapter 14-02-01 - General Considerations and Inspections › Section 14-02-01-02 - Identification

Current through Supplement No. 393, July, 2024
A design, clearly visible, shall be displayed at the main
				  entrance to all barber shops, schools, and colleges where barber service is
				  rendered indicating the business conducted within the establishment.
General Authority: NDCC 43-04-11
Law Implemented: NDCC 43-04-11
North Dakota Administrative Code › Title 14 - Barber Examiners, Board of › Article 14-02 - Sanitation and Prevention of Communicable Diseases › Chapter 14-02-01 - General Considerations and Inspections › Section 14-02-01-03 - Proper quarters

Current through Supplement No. 393, July, 2024
Barbershops, schools, and colleges where barber service is
				  rendered and bathrooms, toilets, and sparerooms in connection therewith, shall
				  be in a proper location and shall be properly lighted, provided with hot and
				  cold running water, and kept in a clean and sanitary condition.
General Authority: NDCC 43-04-11
Law Implemented: NDCC 43-04-11
North Dakota Administrative Code › Title 14 - Barber Examiners, Board of › Article 14-02 - Sanitation and Prevention of Communicable Diseases › Chapter 14-02-01 - General Considerations and Inspections › Section 14-02-01-04 - Special quarters

Current through Supplement No. 393, July, 2024
A barber shop located in a place of residence must be in a
				  separate room, have a private entrance, and must be isolated and used
				  exclusively for barbering or beauty culture.
General Authority: NDCC 43-04-11
Law Implemented: NDCC 43-04-43
North Dakota Administrative Code › Title 14 - Barber Examiners, Board of › Article 14-02 - Sanitation and Prevention of Communicable Diseases › Chapter 14-02-01 - General Considerations and Inspections › Section 14-02-01-05 - Shop conditions

Current through Supplement No. 393, July, 2024
All barber shop equipment, furniture, floors, walls,
				  ceilings, windows, bathrooms, toilets, adjoining rooms and all other articles
				  and fixtures of barber shops or schools where barber services are rendered
				  shall be kept clean and free from dust and in an orderly manner at all times.
				  Waste or used towel baskets must be emptied and cleaned each day. Floors must
				  be kept free from hair and swept or mopped each day.
General Authority: NDCC 43-04-11
Law Implemented: NDCC 43-04-11
North Dakota Administrative Code › Title 14 - Barber Examiners, Board of › Article 14-02 - Sanitation and Prevention of Communicable Diseases › Chapter 14-02-01 - General Considerations and Inspections › Section 14-02-01-06 - Minimum dimensions

Current through Supplement No. 393, July, 2024
All barber shops shall have a minimum work space of one
				  hundred square feet [9.29 square meters]. If any barber shop contains more than
				  one work area or barber chair, a minimum of twenty-five square feet [2.32
				  square meters] shall be required for each such additional work area or barber
				  chair.
General Authority: NDCC 43-04-11
Law Implemented: NDCC 43-04-11
North Dakota Administrative Code › Title 14 - Barber Examiners, Board of › Article 14-02 - Sanitation and Prevention of Communicable Diseases › Chapter 14-02-02 - Water › Section 14-02-02-01 - Water supply

Current through Supplement No. 393, July, 2024
Barber shops or any other place where barber service is
				  rendered must provide a safe and adequate supply of continuous hot and cold
				  running water. They must maintain a hot water receptacle of not less than five
				  gallons [19 liters] for each chair. All plumbing must conform to the state
				  plumbing code [North Dakota Administrative Code  article 62-03.1].
General Authority: NDCC 43-04-11
Law Implemented: NDCC 43-04-11
North Dakota Administrative Code › Title 14 - Barber Examiners, Board of › Article 14-02 - Sanitation and Prevention of Communicable Diseases › Chapter 14-02-04 - Equipment, Fixtures, and Supplies › Section 14-02-04-01 - Headrests

Current through Supplement No. 393, July, 2024
The headrest of every barber chair shall be protected with a
				  clean freshly laundered linen or clean headrest paper for each service.
General Authority: NDCC 43-04-11
Law Implemented: NDCC 43-04-11
North Dakota Administrative Code › Title 14 - Barber Examiners, Board of › Article 14-02 - Sanitation and Prevention of Communicable Diseases › Chapter 14-02-04 - Equipment, Fixtures, and Supplies › Section 14-02-04-02 - Haircloths and neck strips

Current through Supplement No. 393, July, 2024
Whenever a haircloth is used in cutting the hair, shampooing,
				  etc., a newly laundered towel or sanitary neck strip shall be placed around the
				  neck so as to prevent the haircloth from touching the skin.
General Authority: NDCC 43-04-11
Law Implemented: NDCC 43-04-11
North Dakota Administrative Code › Title 14 - Barber Examiners, Board of › Article 14-02 - Sanitation and Prevention of Communicable Diseases › Chapter 14-02-04 - Equipment, Fixtures, and Supplies › Section 14-02-04-03 - Towels

Current through Supplement No. 393, July, 2024
A clean, freshly laundered towel shall be used for each
				  patron. This applies to every kind of towel, including but not limited to dry
				  towels, steam towels, or washcloths. Any towel that comes in contact with the
				  skin of a patron or operator must be discarded in an enclosed towel receptacle
				  until laundered. Used towels shall not be replaced in a sterilizer or rinsed or
				  washed in the barber shop. All soiled or used towels must be removed from the
				  workstand or lavatory after serving each patron.
General Authority: NDCC 43-04-11
Law Implemented: NDCC 43-04-11
North Dakota Administrative Code › Title 14 - Barber Examiners, Board of › Article 14-02 - Sanitation and Prevention of Communicable Diseases › Chapter 14-02-04 - Equipment, Fixtures, and Supplies › Section 14-02-04-04 - Mugs and shaving brushes

Current through Supplement No. 393, July, 2024
All shaving cups, the soap therein, and lathering brushes
				  must be thoroughly cleaned with hot water of not less than one hundred sixty
				  degrees Fahrenheit [71.68 degrees Celsius] before using on customers. All
				  lathering brushes must be immersed in hot water of not less than one hundred
				  seventy degrees Fahrenheit [77.28 degrees Celsius] for at least two minutes
				  after using on customers before reusing. Latherizers are
				  recommended.
General Authority: NDCC 43-04-11
Law Implemented: NDCC 43-04-11
North Dakota Administrative Code › Title 14 - Barber Examiners, Board of › Article 14-02 - Sanitation and Prevention of Communicable Diseases › Chapter 14-02-04 - Equipment, Fixtures, and Supplies › Section 14-02-04-05 - Hairbrushes, combs, and dusters

Current through Supplement No. 393, July, 2024
If hairbrushes are used, there shall be a minimum of four
				  brushes per barber chair. Hairbrushes shall be cleaned and sterilized after
				  each customer use. Combs shall be cleaned and sterilized after each customer
				  use. Hair or neck dusters shall be washed with soap and water and dipped in a
				  disinfectant solution and kept clean at all times.
General Authority: NDCC 43-04-11
Law Implemented: NDCC 43-04-11
North Dakota Administrative Code › Title 14 - Barber Examiners, Board of › Article 14-02 - Sanitation and Prevention of Communicable Diseases › Chapter 14-02-04 - Equipment, Fixtures, and Supplies › Section 14-02-04-06 - Cuspidors, bowls, basins, and jars [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 14 - Barber Examiners, Board of › Article 14-02 - Sanitation and Prevention of Communicable Diseases › Chapter 14-02-04 - Equipment, Fixtures, and Supplies › Section 14-02-04-07 - Sterilization

Current through Supplement No. 393, July, 2024
Barber schools and barber shops shall maintain thorough
				  sterilization of all tools and instruments used to provide barber services. All
				  tools used on a customer shall be cleaned and sterilized before each customer
				  use. Tweezers and other instruments of a similar nature shall be sterilized
				  before each use.
General Authority: NDCC 43-04-11
Law Implemented: NDCC 43-04-11
North Dakota Administrative Code › Title 14 - Barber Examiners, Board of › Article 14-02 - Sanitation and Prevention of Communicable Diseases › Chapter 14-02-04 - Equipment, Fixtures, and Supplies › Section 14-02-04-08 - Cabinets and disinfecting containers

Current through Supplement No. 393, July, 2024
Every barber must have an individual dip sterilizer which
				  must be of sufficient size to allow combs to be completely submerged. Dip
				  sterilizers must be made of glass, porcelain, or metal and must contain at all
				  times a recognized effective disinfectant. Combs, brushes, and neck dusters
				  shall be immersed in a dip sterilizer for twenty minutes after washing with
				  soap and hot water and before storing in a dry sterilizer or closed
				  drawer/cabinet. All clean linens must be stored in a closed cabinet used for
				  that purpose only.
General Authority: NDCC 43-04-11
Law Implemented: NDCC 43-04-11
North Dakota Administrative Code › Title 14 - Barber Examiners, Board of › Article 14-02 - Sanitation and Prevention of Communicable Diseases › Chapter 14-02-04 - Equipment, Fixtures, and Supplies › Section 14-02-04-09 - Miscellaneous

Current through Supplement No. 393, July, 2024
Alum or other material used to stop the flow of blood may be
				  used only in liquid or powder form and shall be applied with a clean cloth,
				  towel, or other clean appliance. The use of styptic sticks, pencils, lump alum,
				  or powder puffs is prohibited.
General Authority: NDCC 43-04-11
Law Implemented: NDCC 43-04-11
North Dakota Administrative Code › Title 14 - Barber Examiners, Board of › Article 14-02 - Sanitation and Prevention of Communicable Diseases › Chapter 14-02-04 - Equipment, Fixtures, and Supplies › Section 14-02-04-10 - Sinks

Current through Supplement No. 393, July, 2024
One sink shall be provided for each two barber chairs which
				  shall be located within the workstations. Sinks must be kept clean and sanitary
				  at all times.
General Authority: NDCC 43-04-11
Law Implemented: NDCC 43-04-11