reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-03 - Prehearing Matters › Section 60-02-03-04 - Consolidation

Current through Supplement No. 393, July, 2024
The commissioner, upon the commissioner's own motion, or upon
				  motion by any party, may order two or more proceedings involving a similar
				  question of law or facts to be consolidated for hearing where rights of the
				  parties or the public interest will not be prejudiced by such procedure.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-02
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-04 - Hearings › Section 60-02-04-01 - Hearing officers

Current through Supplement No. 393, July, 2024
1.
Appointment.
All hearing officers shall be appointed by the
				commissioner. The commissioner shall appoint a hearing officer within five days
				of service of a complaint or petition. Notification of the appointment shall be
				made to all parties in such manner as the commissioner may determine.
2.
Qualifications.
a. All appointments of hearing officers shall
				be consistent with the purpose of obtaining objectivity and impartiality in
				making decisions.
b. The hearing
				officer may be an employee or a member of the department. The commissioner may
				appoint as hearing officer a person who is not an employee or member of the
				department. In such event, the hearing officer shall be an attorney at law
				licensed to practice in North Dakota, unless some other person is agreed upon
				by all parties; provided, that such hearing officer shall be considered an
				employee of the commissioner for the sole purpose of compensation, if any, and
				authorization to conduct the hearing and recommend findings of fact and a
				decision to the commissioner. In all other respects, the hearing officer shall
				be independent of the department.
c. In all cases, the commissioner retains
				discretion to conduct the hearing personally, in which case an employee of the
				department shall be the hearing officer.
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-04 - Hearings › Section 60-02-04-02 - Discovery

Current through Supplement No. 393, July, 2024
1.
Agency discovery.
a. Information. Upon request of the
				commissioner or the hearing officer, any party to the matter shall furnish to
				the commissioner or the hearing officer any information which the party may
				have which is relevant to the matter under consideration.
b. Examination of records. Upon request of
				the commissioner or the hearing officer, any party shall allow the commissioner
				or any member, employee, or agent of the department, when authorized by the
				commissioner or the hearing officer, or the officer personally, to examine and
				copy any books, papers, records, or memoranda pertaining to the matter under
				consideration.
c. Inspection of
				premises. Upon request of the commissioner or the hearing officer, any party
				shall allow the commissioner or any member, employee, or agent of the
				department when authorized by the commissioner or the hearing officer, or the
				hearing officer personally, to enter upon any of the party's property for the
				purpose of obtaining information, examining any physical facility, or examining
				records or conducting surveys or investigations.
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-04 - Hearings › Section 60-02-04-03 - Appearance

Current through Supplement No. 393, July, 2024
Interested parties shall enter their appearances at the
				  beginning of the hearing by giving their name and address and briefly stating
				  whether they appear in support of the complaint or in opposition thereto, or
				  otherwise. All such appearances shall be noted on the record with a notation in
				  whose behalf each appearance is made. Included in such appearances shall be the
				  names of the employees of the department participating in the hearing of
				  investigation and the names of any other persons appearing for the
				  commissioner.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-04
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-04 - Hearings › Section 60-02-04-04 - Continuance

Current through Supplement No. 393, July, 2024
Before or after any hearing, continuances may be granted by
				  the commissioner for good and sufficient cause. A motion for such a continuance
				  shall be made in writing, filed with the commissioner, and served on opposing
				  counsel or parties. Such motions shall be presented as far in advance of date
				  fixed for hearing as possible to ensure favorable action. The commissioner may
				  effect a continuance before or after any hearing upon the commissioner's own
				  motion. The hearing officer may grant oral or written requests for continuances
				  during any hearing.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-04
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-04 - Hearings › Section 60-02-04-05 - Order of procedure

Current through Supplement No. 393, July, 2024
In hearings on formal complaints and petitions, the
				  complainant or petitioner, as the case may be, shall open and close. In
				  hearings on an order to show cause, the respondent shall open and close. When
				  proceedings have been consolidated for hearing, the officer shall designate who
				  shall open and close. Intervenors shall follow the parties in whose behalf the
				  intervention is made. Where the intervention is not in support of an original
				  party, the presiding officer shall designate at which stage such intervenor
				  shall be heard. In proceedings where the evidence is materially within the
				  knowledge or control of another party or participant, the foregoing order or
				  presentation may be varied by the officer.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-04
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-04 - Hearings › Section 60-02-04-06 - Appeal to commissioner from ruling of hearing officer -Offer of proof

Current through Supplement No. 393, July, 2024
An appeal may be taken to the commissioner from a ruling of
				  an officer during the course of a hearing only where extraordinary
				  circumstances necessitate a prompt decision by the commissioner to prevent
				  detriment to the public interest.
Any offer of proof made in connection with an objection taken
				  to any ruling of the hearing officer rejecting or excluding proffered oral
				  testimony shall consist of a statement of the substance of the evidence which
				  counsel contends would be adduced by such testimony; and, if the excluded
				  evidence in documentary or written form or reference to documents or records, a
				  copy of such evidence shall be marked for identification and shall constitute
				  the offer of proof.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-04
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-04 - Hearings › Section 60-02-04-07 - Oral argument

Current through Supplement No. 393, July, 2024
1. Before officer.
				When, in the opinion of the hearing officer, time permits and the nature of the
				proceedings, the complexity or the importance of the issues of fact or law
				involved, and the public interest warrant, such officer may, either on the
				officer's own motion, or at the request of any party at or before the close of
				the taking of testimony, allow and fix a time for the presentation of oral
				argument imposing such limits of time on the argument as deemed appropriate.
				Such arguments shall be transcribed and bound with the transcript of testimony,
				if a transcript is prepared.
2.
				Before commissioner. Request for authority to represent oral argument before
				the commissioner may be made at the time of any appeal taken during the
				hearing, at the conclusion of the taking of evidence, or on brief, at such time
				as the commissioner may allow. The commissioner will fix the time for oral
				argument, if allowed, and notify the parties.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-04
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-04 - Hearings › Section 60-02-04-08 - Briefs and proposed findings of fact and conclusions of law

Current through Supplement No. 393, July, 2024
1. Each party to any proceeding may file
				proposed findings of fact and conclusions of law, briefs, or memoranda of law;
				provided, however, that the commissioner or hearing officer may direct any
				party to file proposed findings of fact and conclusions of law, briefs, or
				memoranda of law.
2. The
				commissioner or hearing officer shall fix the time for the filing and service
				of proposed findings of fact and conclusions of law, briefs, or memoranda of
				law, giving due regard to the nature of the proceeding, the magnitude of the
				record, and the complexity or importance of the issues involved, and shall fix
				the order in which such documents shall be filed.
3. Should a party find that it is unable to
				meet the date for filing and serving proposed findings of fact and conclusions
				of law, briefs, or memoranda of law, such party shall so notify the
				commissioner or hearing officer and the other parties in writing, therein
				setting forth the reasons for such inability together with a request for an
				extension of time to a date certain for filing and service.
4. When it is ordered that proposed findings
				of fact and conclusions of law, briefs, or memoranda of law be filed and served
				by the party initiating the proceeding, and where such party fails to file and
				serve by the date specified without complying with subsection 3, the
				commissioner on the commissioner's own motion or the motion of any party may,
				in the commissioner's discretion, dismiss the proceeding. Such failure in the
				case of an intervenor, protestant, or respondent may be deemed a waiver of the
				right to participate further in the proceeding, and the commissioner on the
				commissioner's own motion of the motion of any party may so order.
5. Exhibits should not be reproduced in a
				brief, but may, if desired, be reproduced in a appendix to the brief. Every
				brief of more than twenty pages shall contain a subject index, with page
				references, and the pages where the citations appear. All briefs shall be as
				concise as possible.
6. All briefs
				shall be accompanied by a certificate showing service upon all parties or their
				attorneys who appeared at the hearing. One copy of each brief shall be
				furnished for the use of the commissioner unless otherwise directed by the
				commissioner or hearing officer.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-04
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-05 - Evidence › Section 60-02-05-01 - Admissibility

Current through Supplement No. 393, July, 2024
The admissibility of evidence shall be determined generally
				  in accordance with the practice in the district courts of this state, except to
				  the extent that this article conflicts therewith. However the commissioner or
				  the hearing officer may waive the usual common law or statutory rules of
				  evidence where such waiver is necessary to ascertain the substantial rights of
				  the public and interested parties. When objection is made to the admissibility
				  of evidence, the hearing officer shall rule thereon.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-06
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-05 - Evidence › Section 60-02-05-02 - Witnesses

Current through Supplement No. 393, July, 2024
Witnesses will be orally examined under oath before the
				  commissioner or hearing officer. Testimony may also be taken by deposition as
				  provided in subdivision b of subsection 2 of section 60-02-04-02. Written testimony of
				  any witness may be received when properly supported by the oral testimony of
				  its author.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-09
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-05 - Evidence › Section 60-02-05-03 - Subpoena

Current through Supplement No. 393, July, 2024
Subpoenas for the attendance of witnesses or for the
				  production of documentary evidence, unless directed by the commissioner upon
				  the commissioner's own motion, will issue only upon application in writing to
				  the commissioner, or to the hearing officer, except that during a hearing such
				  application may be made orally on the record before the hearing officer who
				  shall have the authority to determine the relevancy and the materiality of the
				  evidence sought and to issue such subpoenas if warranted. Written application
				  shall specify the general relevance and materiality of the testimony or
				  documentary evidence sought, including, as to documentary evidence,
				  specifications as nearly as may be of the documents desired and the facts to be
				  proved by them. The cost of serving any subpoena shall be paid by the party
				  requesting it. Any witness who is subpoenaed under the provisions of this
				  section and who appears at the hearing shall receive the same fees and mileage
				  as witnesses in the district courts of this state, and such costs will be paid
				  by the party at whose instance the witness appears. No witness fees will be
				  allowed except on a subpoena.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-09
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-05 - Evidence › Section 60-02-05-04 - Stipulations

Current through Supplement No. 393, July, 2024
The parties to any proceeding before the commissioner may, by
				  stipulation in writing, filed with the commissioner or orally entered in the
				  record, agree upon the facts, or any portion thereof, involved in the
				  controversy, and such stipulation may be received in evidence at a hearing and
				  when so received, shall be binding upon the parties with respect to the matters
				  stipulated therein.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-06
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-05 - Evidence › Section 60-02-05-05 - Documentary evidence

Current through Supplement No. 393, July, 2024
Where relevant and material matter offered in evidence by any
				  party is embraced in a book, paper, or document containing other matter not
				  material or relevant, the party must plainly designate the matter so offered.
				  If the other matter is in such volume as would unnecessarily encumber the
				  record, such book, paper, or document will not be received in evidence but may
				  be marked for identification and, if properly authenticated, the relevant and
				  material matter may be read into the record, or if the commissioner or hearing
				  officer directs, a true copy of such matter in proper form shall be received as
				  an exhibit and like copies delivered by the party offering the same to all
				  parties or their attorneys appearing at the hearing who shall be afforded an
				  opportunity to examine the entire book, paper, or document and to offer in
				  evidence in like manner any portions thereof found to be material and relevant.
				  Any matter contained in a report or other official document on file with the
				  department may be offered in evidence by merely identifying the report,
				  document, or other file containing the matter so offered.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-06
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-05 - Evidence › Section 60-02-05-06 - Exhibits

Current through Supplement No. 393, July, 2024
1. Exhibits must be on paper of good quality
				and so prepared as to be plainly legible and durable whether printed,
				typewritten, mimeographed, photographed, or otherwise, and if possible should
				be folded to a size not to exceed eight and one-half by fourteen inches (21.59
				by 35.56 centimeters). Whenever practicable, the sheets of each exhibit and
				line of each sheet should be numbered, and if the exhibit consists of five or
				more sheets, the first sheet or title page should contain a brief statement of
				what the exhibit purports to show with reference by sheet and line to
				illustrative or typical example contain in the exhibit. Whenever practicable,
				documents produced by a single witness shall be assembled and bond together
				suitably arranged and indexed so that they may be identified and offered as one
				exhibit. The source of all material contained in any exhibit should be
				definitely shown.
2. Two copies of
				each exhibit will be furnished for the use of the commissioner whenever the
				commissioner shall request. Copies must also be available for all parties of
				record in a proceeding.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-06
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-05 - Evidence › Section 60-02-05-07 - Official notice

Current through Supplement No. 393, July, 2024
The commissioner or the hearing officer may take notice of
				  any fact or facts set forth in duly established regulations, annual reports, or
				  any statistical data to which reference is made on the record at the hearing or
				  any facts which are judicially noticed by the courts of this state.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-06
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-06 - Reopening, Rehearing, and Review › Section 60-02-06-01 - Petition to reopen

Current through Supplement No. 393, July, 2024
At any time after the conclusion of a hearing, but before
				  entry of the final order by the commissioner, any party to a proceeding may
				  file with the commissioner a petition to reopen the proceeding for the purpose
				  of taking additional evidence.
1. The
				petition shall set forth clearly the facts claimed to constitute the grounds
				requiring reopening of the proceeding, including the material changes of fact
				or law alleged to have occurred since the conclusion of the hearing.
2. A copy of the petition to reopen shall be
				served by the petitioning party upon all parties to the proceedings of their
				attorneys of record, and a certificate to that effect will be attached to the
				petition when filed with the commissioner.
3. Within ten days following the service of
				any petition to reopen, any other party to the proceeding may file with the
				commissioner the party's answer thereto. Any party not filing such answer is in
				default thereof and shall be deemed to have waived any objection to the
				granting of such petition.
4. If,
				after the hearing in a proceeding, either before or after the issuance of the
				commissioner's final order, or if no hearing has been held, only after the
				issuance of the commissioner's final order, the commissioner shall have reason
				to believe the conditions of fact or law have so changed as to require, or that
				public interest requires, the reopening of such proceeding, the commissioner
				may issue an order for the reopening of the proceeding.
5. The commissioner shall act on any petition
				to reopen within ten days of receipt thereof and may, in the commissioner's
				discretion, hear oral argument on any such petition.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-14
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-06 - Reopening, Rehearing, and Review › Section 60-02-06-02 - Petition for rehearing

Current through Supplement No. 393, July, 2024
1. A petition for
				rehearing of a proceeding must be filed within fifteen days after a copy of the
				final order has been sent to the petitioning party by the commissioner.
2. The petition shall state
				concisely the alleged errors in the commissioner's decision or order and the
				specific grounds relied upon by the petitioner. If an order of the commissioner
				is sought to be vacated, reversed, or modified by reason of matters that have
				arisen since the hearing and decision or order, or by reason of a consequence
				that would result from the compliance therewith, the matters relied upon by the
				petitioner shall be set forth in the petition.
3. A petition for rehearing shall be served
				by the petitioner upon all parties to the proceeding or their attorneys of
				record.
4. Within ten days
				following the service of such petition, any party to the proceeding may file
				with the commissioner the party's answer thereto. Any party not filing such an
				answer is in default thereof and shall be deemed to have waived any objection
				to the granting of such petition.
5. The commissioner shall act on any petition
				for rehearing within ten days of receipt thereof and may, in the commissioner's
				discretion, hear oral argument on such petition.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-14
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-02 - Rules of Practice and Procedure › Chapter 60-02-06 - Reopening, Rehearing, and Review › Section 60-02-06-03 - Appeal

Current through Supplement No. 393, July, 2024
Any party to a proceeding conducted pursuant to this article
				  or other provisions of North Dakota Century Code chapter
				   28-32 shall have the right of
				  appeal, in the manner provided in North Dakota Century Code chapter
				   28-32, from any adverse ruling by
				  the commissioner. Such appeal shall not be a trial de novo but shall be limited
				  to the hearing record and to those issues specified in North Dakota Century
				  Code section
				   28-32-19.
General Authority:
NDCC
				   28-32-02
Law Implemented:
NDCC
				   28-32-19
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-01 - Pesticide, Distribution, Handling, and Use › Section 60-03-01-05 - Classes of commercial applicator, public applicator, and dealer certifications

Current through Supplement No. 393, July, 2024
A commercial applicator, public applicator, or dealer
				  certificate may be issued to individuals who pass a core certification
				  examination and who have obtained certification in one or more of the following
				  classes:
1.
Agricultural pest
				control (plant and animal).
This class authorizes the use of pesticides
				intended for agricultural crop land, grasslands, animals, animal facilities,
				and noncrop lands, including natural areas, fallow, nonproducing agricultural
				lands, and mines.
2.
Seed
				treatment.
This class authorizes the use of pesticides intended for
				agricultural crop seeds, other seeds, and vegetative seed stocks.
3.
Commodity and structural fumigation.
This class authorizes the use of fumigant pesticides intended for raw
				agricultural commodities, processed foods, nonfood commodities, transport
				vessels, commodity processing facilities, and commodity storage
				structures.
4.
Ornamental and
				turf pest control.
This class authorizes the use of pesticides intended
				for producing and maintaining ornamental trees, shrubs, flowers, and
				turf.
5.
Greenhouse.
This class authorizes the use of pesticides intended for
				greenhouses.
6.
Right of way.
This class authorizes the use of pesticides in parking lots and rights
				of way for roads, powerlines, telecommunication lines, pipelines, and railways,
				and in other similar areas.
7.
Public health pest control.
This class authorizes the use of
				pesticides by government employees, applicators working under government
				contract, or other persons for public health purposes.
8.
Research and demonstration pest
				control.
This class authorizes the use of pesticides by individuals for
				the purpose of education or research. These would include county agents, state,
				federal, and commercial employees, plus other persons conducting research or
				demonstrating the proper application of restricted use pesticides.
9.
Home, industrial, and institutional
				pest control.
This class authorizes the use of pesticides in or around
				food-handling establishments, human dwellings, public or private institutions,
				warehouses, grain elevators, and any other structures.
10.
Wood preservatives.
This
				class authorizes the use of pesticides intended to preserve lumber
				products.
11.
Vertebrate.
This class authorizes the use of pesticides intended to control
				vertebrate pests, such as rodents, certain predators, and bats not in or around
				structures.
12.
Sewer root
				control.
This class authorizes the use of pesticides intended to control
				tree or other plant roots infesting sewer systems.
General Authority:
NDCC
					  4-35-06
Law Implemented:
NDCC
					  4-35-06,
					  4-35-08,
					  4-35-09,
					  4-35-12,
					  4-35-14
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-01 - Pesticide, Distribution, Handling, and Use › Section 60-03-01-05.1 - Commercial applicator, public applicator, and dealer certifications

Current through Supplement No. 393, July, 2024
1. A commercial applicator, public
				applicator, or dealer certificate shall be issued only to persons who:
a. Are eighteen years of age or
				older;
b. Complete an application
				on forms and in the manner required by the board or its designee;
c. Demonstrate competence in the use of
				pesticides; and
d. Pay the costs of
				training and education and any other fees.
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-01 - Pesticide, Distribution, Handling, and Use › Section 60-03-01-05.2 - Private applicator certification

Current through Supplement No. 393, July, 2024
1. A private
				applicator certification shall be issued only to persons who:
a. Are eighteen years of age or
				older;
b. Complete an application
				on forms and in the manner required by the board or its designee;
c. Demonstrate competence in the use of
				pesticides; and
d. Pay the costs of
				training and education and any other fees.
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-01 - Pesticide, Distribution, Handling, and Use › Section 60-03-01-05.3 - Pesticide certification examination - Cheating

Current through Supplement No. 393, July, 2024
1. An
				individual who seeks certification under section 60-03-01-05.1 or 60-03-01-05.2 may not, while
				taking a written examination, give or receive information or assistance to or
				from any other person, utilize the assistance of any electronic device capable
				of storing data, or consult any written materials unless expressly authorized
				in advance by the board or its designee. The written examination and any other
				writings made during the examination period must be provided to the board or
				its designee at the end of the examination period.
2. Cheating by an applicant in applying for
				or taking the examination may result in the invalidating of examination grades,
				expulsion from the examination room, disqualification from taking the
				examination for a specified period of time, and other penalties the board may
				impose. When the board believes that cheating has occurred, the applicant or
				certified individual must be given notice and an opportunity to be heard
				pursuant to North Dakota Century Code chapter  28-32 before imposing any
				penalties.
General Authority:
NDCC
					  4-35-06
Law Implemented:
NDCC
					  4-35-08,
					  4-35-09,
					  4-35-12,
					  4-35-14
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-01 - Pesticide, Distribution, Handling, and Use › Section 60-03-01-05.4 - Certification denial

Current through Supplement No. 393, July, 2024
1. The board, or
				its designee, may refuse to issue a pesticide certification, including an
				applicant for reciprocal certification under North Dakota Century Code section
				 4-35-18, to an individual who has
				had that individual's certification suspended or revoked in the past three
				years in any state or province or to an individual that has committed a
				documented violation of FIFRA or the pesticide regulations of any state,
				provincial, or tribal authority within the last three years.
2. The board, or its designee, may require an
				additional demonstration of applicator qualification if the applicator has had
				a license suspended or revoked or has otherwise had a history of pesticide
				violations.
General Authority:
NDCC
					  4-35-06
Law Implemented:
NDCC
					  4-35-08,
					  4-35-09,
					  4-35-12,
					  4-35-14,
					  4-35-18
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-01 - Pesticide, Distribution, Handling, and Use › Section 60-03-01-06 - Pesticide mixing, filling, and application - Storage -Transportation - Disposal

Current through Supplement No. 393, July, 2024
1.
Mixing,
				filling, and application.
a. All
				pesticides must be used in accordance with the labeling.
b. Pesticide applications must be made in a
				manner that prevents off-target discharges of pesticides.
c. Pesticide application equipment or
				equipment used to fill application equipment that is designed to draw water
				from surface water must have a properly functioning antisiphoning device
				attached to the inlet hose.
d.
				Applications must not occur when the atmospheric conditions favor the
				off-target drift of pesticides or prevent the proper deposition of pesticides
				to the target area.
e. Pesticides
				must be applied in a manner that minimizes exposure to animals. Unless
				permitted by the labeling, an applicator shall take all reasonable precautions
				to prevent a pesticide from being applied if unprotected persons are present
				within the application site or are present in adjacent areas when off-target
				drift may occur.
f. Pesticide
				applicators and persons assisting with an application shall follow all safety
				precautions as specified on the labeling.
g. All equipment used in pesticide mixing,
				filling application equipment, and application must be operationally sound and
				properly calibrated to prevent adverse effects on the environment.
h. Any commercial or public applicator who
				mixes, fills application equipment, or otherwise uses pesticides shall have
				immediate access to a spill kit at the filling site. The spill kit requirement
				does not apply to a person using only ready-to-use pesticides.
i. The labeling, a legible reproduction of
				the labeling, or a specimen labeling of the pesticides being applied must be at
				the application site during the application. Aerial applicators must have the
				labeling available at the filling site.
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-01 - Pesticide, Distribution, Handling, and Use › Section 60-03-01-07 - Recordkeeping - Commercial, public, and private applicators and dealers

Current through Supplement No. 393, July, 2024
1.
Dealers.
Every pesticide
				dealer shall keep separate, accurate, and complete records of all of the
				dealer's purchases and sales of restricted use pesticides and all pesticides
				used under section 18 (emergency exemption) and section 24-c (special local
				needs) of FIFRA. Dealers shall positively identify all purchasers of restricted
				use pesticides using any trustworthy proof of identification. If a restricted
				use pesticide is to be delivered to a person other than the certified
				applicator making the purchase, the dealer must have a completed and signed
				authorization to receive restricted use pesticides form on file for the
				purchaser for the current year. The records must include the following for each
				pesticide purchased or sold:
a. Purchases.
(1) Dealer's name and address.
(2) Pesticide trade name and environmental
				protection agency registration number, if available.
(3) Quantity of pesticide.
(4) Date pesticide was shipped or
				received.
(5) Name of the person
				from whom the pesticide was received.
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-01 - Pesticide, Distribution, Handling, and Use › Section 60-03-01-09 - Reports of pesticide incidents

Current through Supplement No. 393, July, 2024
Any person who is involved in or causes a pesticide incident
				  that could result in adverse effects to humans, animals, or the environment
				  must report it to the commissioner. The report must be made within twenty-four
				  hours after the incident. The report may be filed by letter or electronic mail
				  at the address or number identified in subsection 4 of section 60-01-01-01. A telephone report is
				  acceptable if followed within twenty-four hours by a letter or electronic mail
				  report. The report must contain:
1.
				The specific trade name of the pesticide.
2. The amount of pesticide or tank mix or
				both.
3. The location of the
				incident.
4. The time of the
				incident (month, day, year, and hour).
5. The direction and estimated velocity of
				the wind and estimated temperature at the time of the incident, if
				outdoors.
6. Actions taken to
				remedy the adverse effects on humans, animals, and the environment.
7. The name of and contact information for
				the person making the report.
General Authority:
NDCC
					  4-35-06
Law Implemented:
NDCC
					  4-35-06
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-01 - Pesticide, Distribution, Handling, and Use › Section 60-03-01-10 - Identifying information for pesticide mixtures, custom blends, and bulk containers

Current through Supplement No. 393, July, 2024
1. Any person who
				produces a mixture of any quantity of pesticide, to be applied by another
				person must have an environmental protection agency establishment number.
The person making the mixture must supply the person applying
				  the mixture with end-use labeling for each pesticide in the mixture. The
				  end-use labeling must include the environmental protection agency establishment
				  number of the facility that supplied the mixture.
2. The environmental protection agency
				establishment number of the facility that supplied the pesticide, end-use
				labeling, and the business name and physical address of the facility where the
				bulk storage container resides must be attached to bulk pesticide storage
				containers.
3. The environmental
				protection agency establishment number of the facility that supplied the
				pesticide, end-use labeling, and quantity of pesticide must accompany or be
				attached to the mobile bulk pesticide container.
4. Any person who custom blends any quantity
				of pesticide to be applied by another person must ensure that end-use labeling
				for all pesticides in the blend accompanies the blend to the point where the
				blend leaves that person's control. No environmental protection agency
				establishment number is required for the blending facilities.
General Authority:
NDCC
					  4-35-06
Law Implemented:
NDCC
					  4-35-06,
					  4-35-15,
					  4-35-20
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-01 - Pesticide, Distribution, Handling, and Use › Section 60-03-01-11 - Storage and transportation of bulk pesticides

Current through Supplement No. 393, July, 2024
1.
				Transporting and storing bulk pesticides must comply with the manufacturer's
				requirements.
2. Transporting bulk
				pesticides must comply with all applicable state and United States department
				of transportation rules and regulations.
3. A bulk pesticide storage container must be
				made of materials approved by the registrant and so constructed to be
				compatible with the pesticide stored and the conditions of storage, including
				any specifications that may appear on the pesticide label and labeling. The
				commissioner may approve or require materials other than those approved by the
				registrant.
4. A bulk storage
				container and loading areas must be constructed and located on a site in a
				manner so that pesticides will not contaminate the environment, such as streams
				and water supplies.
5. A permanent
				bulk storage container must be equipped with a locking withdrawal valve or must
				be stored in a secure locked area. The valves or storage area must be locked
				during nonbusiness hours or while unattended.
6. A bulk pesticide storage container that is
				going to be refilled with a different pesticide must be cleaned and rinsed
				according to both the facility's and manufacturer's agreed-upon written
				instructions and all former labeling must be removed.
General Authority:
NDCC
					  4-35-06
Law Implemented:
NDCC
					  4-35-06,
					  4-35-15
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-01 - Pesticide, Distribution, Handling, and Use › Section 60-03-01-11.1 - Adoption of the environmental protection agency pesticide container regulations

Current through Supplement No. 393, July, 2024
The environmental protection agency pesticide container
				  regulations effective as of August 17, 2011, as provided under title 40, Code
				  of Federal Regulations, part 165 subparts A, B, C, and D, are hereby adopted by
				  the board and incorporated by reference and made part of this title. Copies of
				  title 40, Code of Federal Regulations, part 165 subparts A, B, C, and D, are
				  available upon request by contacting the board at its inquiry address listed in
				  section 60-01-01-01.
General Authority:
NDCC
					  4-35-06
Law Implemented:
NDCC
					  4-35-06,
					  4-35-15
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-01 - Pesticide, Distribution, Handling, and Use › Section 60-03-01-11.2 - Permanent containment area - Construction -Inspection - Maintenance - Recordkeeping requirements

Current through Supplement No. 393, July, 2024
1. An outdoor
				permanent containment area must be constructed of sufficient size and material
				so as to contain any spilled or discharged materials. Minimum containment
				capacity must be one hundred twenty-five percent of the single largest bulk
				pesticide storage container, or sufficient to recover and contain a volume of a
				four-inch rainfall, whichever is greater.
2. An indoor permanent containment area
				located within an enclosed structure must be constructed of sufficient size and
				material to contain any spilled or discharged materials, and approved by the
				pesticide registrant. Minimum containment capacity must be one hundred ten
				percent of the single largest bulk pesticide storage container.
3. A permanent containment area must not have
				a drain that exits the containment area.
4. A permanent containment area must be
				constructed to provide protection of appurtenances (hoses, pumps, valves,
				pipes, etc.) and stationary pesticide containers against damage from operating
				personnel and moving equipment.
5.
				Appurtenances, discharge outlets, or gravity drains must not be configured
				through the base or wall of the permanent containment structure, except for
				direct connections between adjacent structures. The configuration of
				appurtenances must allow easy observation of discharges.
6. Inspections of permanent containment
				areas, bulk pesticide containers within containment areas, and appurtenances
				must be completed at least monthly during periods when pesticides are being
				stored or dispensed.
7. Initial
				repairs on any damage, cracks, or gaps in permanent containment areas and bulk
				pesticide containers must begin within twenty-four hours from when the problem
				is noticed. Completed repairs using materials approved by the registrant of the
				pesticides stored in the containment area or bulk pesticide container must be
				made within a reasonable time, taking into account factors such as the weather
				and the availability of cleanup materials, trained staff, and equipment.
				Additional pesticides must not be stored in the permanent containment area or
				bulk pesticide container until repairs are completed.
8. Records of inspection and maintenance for
				permanent containment areas and for bulk pesticide containers and their
				appurtenances must be kept for three years and must including the following:
a. Name of the individual conducting the
				inspection or maintenance;
b. Date
				the inspection or maintenance was conducted;
c. A description of the conditions found
				during the inspection; and
d.
				Specific maintenance performed.
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-01 - Pesticide, Distribution, Handling, and Use › Section 60-03-01-12 - Repackaging requirements for bulk pesticides

Current through Supplement No. 393, July, 2024
1. A
				person must obtain a repackaging agreement from the registrant prior to
				repackaging bulk pesticides.
2.
				Repackaging must be performed at a facility with an environmental protection
				agency establishment number.
3.
				Repackaging must use meters or scales, or both, compatible with the pesticide
				being repackaged.
4. Repackaging
				must be done in a permanent containment area with a primary shutoff valve or
				switch within immediate reach of the person who is repackaging.
5. The repackaging area must be kept clean of
				clutter and not used as a storage area for items not immediately used for
				repackaging.
6. A spill kit must be
				located within fifty feet of an operational area.
7. During repackaging, clean up of any
				discharged pesticide or pesticide-containing materials must be performed
				immediately after the occurrence and reported according to local, state, and
				federal guidelines.
8. During
				repackaging, a discharged pesticide or pesticide-containing material must be
				contained by the permanent containment area, mitigated using a spill kit, or
				drained, pumped, or transferred to an additional impermeable, aboveground
				holding tank or reservoir until utilized or disposed of in compliance with
				applicable local, state, and federal laws. The holding tank or reservoir must
				be suitably constructed to prevent the release of pesticides or
				pesticide-containing materials to the environment.
General Authority:
NDCC
					  4-35-06
Law Implemented:
NDCC
					  4-35-06,
					  4-35-15,
					  4-35-20
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-01 - Pesticide, Distribution, Handling, and Use › Section 60-03-01-13 - Prohibitions

Current through Supplement No. 393, July, 2024
No person may:
1.
				Repackaging into a container unless the container is capable of holding, in
				undivided quantities, the capacity as specified by the environmental protection
				agency.
2. Hold in inventory a
				mixture or custom blend of any quantity of pesticide, but rather, after
				producing a mixture or custom blend, it must be promptly delivered to the
				person requesting it.
3. Place bulk
				pesticide storage containers underground.
4. Repackage into improperly labeled
				containers.
5. Repackage into
				containers not designated as refillable by the registrant and container
				manufacturer.
General Authority:
NDCC
					  4-35-06
Law Implemented:
NDCC
					  4-35-06,
					  4-35-15,
					  4-35-20
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-02 - Minor Use Pesticide Fund [Repealed]

Current through Supplement No. 393, July, 2024
Determined repealed by the office of the Legislative Council
				  pursuant to North Dakota Century Code section
				   28-32-06 because the authority for
				  adoption of the rules was transferred to another agency by S.L. 2001, chps. 9
				  and 75.
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-03 - Worker Protection Standard › Section 60-03-03-01 - Scope and purpose

Current through Supplement No. 393, July, 2024
This chapter contains a standard designed to reduce the risks
				  of illness or injury resulting from workers' and handlers' occupational
				  exposures to pesticides used in the production of agricultural plants on farms
				  or in nurseries, greenhouses, and forests and also from the accidental exposure
				  of workers and other persons to such pesticides. It requires workplace
				  practices designed to reduce or eliminate exposure to pesticides and
				  establishes procedures for responding to exposure-related emergencies.
General Authority: NDCC 4-35-06
Law Implemented: NDCC 4-35-06
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-03 - Worker Protection Standard › Section 60-03-03-02 - Definitions

Current through Supplement No. 393, July, 2024
Any term used in this chapter has the same meaning as defined
				  in title 40, Code of Federal Regulations, section 170.3, unless defined in
				  North Dakota Century Code chapter
				   4-35, in which case the North Dakota
				  Century Code definition governs.
General Authority: NDCC 4-35-06
Law Implemented: NDCC 4-35-06
North Dakota Administrative Code › Title 60 - Pesticide Control Board › Article 60-03 - Pesticides › Chapter 60-03-03 - Worker Protection Standard › Section 60-03-03-03 - Adoption of worker protection standard

Current through Supplement No. 393, July, 2024
The environmental protection agency worker protection
				  standard regulations effective as of January 1, 2016, as provided under title
				  40, Code of Federal Regulations, part 170, are hereby adopted by the board and
				  incorporated by reference and made a part of this title. Copies of title 40,
				  Code of Federal Regulations, part 170, are available upon request by contacting
				  the board at its inquiry address listed in section 60-01-01-01.
General Authority:
NDCC
					 4.1-33-03
Law Implemented:
NDCC
					 4.1-33-03