reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-02 - Commercial Driver Training School Requirements › Section 38-07-02-08 - Schedule of fees and charges

Current through Supplement No. 393, July, 2024
Commercial driver training applications must be accompanied
			  by a schedule of maximum fees and charges. The schedule of fees and charges may
			  be amended at any time by the licensee provided that such changes in the fee
			  schedule are filed with the superintendent not less than ten days before they
			  become effective. A fee designated and set forth in a contract must be adhered
			  to for the duration of that contract.
General Authority: NDCC
				39-25-03
Law Implemented: NDCC
				39-25-03
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-02 - Commercial Driver Training School Requirements › Section 38-07-02-09 - Application and renewal of school license - Fee

Current through Supplement No. 393, July, 2024
All licenses expire on the last day of the calendar year and
			  may be renewed upon application to the superintendent as prescribed. Each
			  application for an original or renewal school license must be accompanied by a
			  fee of twenty-five dollars. No license fees may be refunded in the event any
			  license is rejected, suspended, or revoked. All renewal applications that are
			  not on file and approved prior to January first of each year will be rejected
			  for the remainder of that calendar year.
General Authority: NDCC
				39-25-02
Law Implemented: NDCC
				39-25-05
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-03 - Driver Training Vehicle Requirements › Section 38-07-03-01 - Vehicle safety standards

Current through Supplement No. 393, July, 2024
Each vehicle used for driver training instruction must comply
			  with all federal and state motor vehicle safety standards for the model year of
			  the vehicle and must have the following equipment:
1. Dual control brakes. Not applicable in
			trucks for truck driving schools.
2. Dual control clutch pedal, when
			applicable.
3. External rearview
			mirrors on left and right sides of the vehicle.
4. Padded dashboard and sun visors. Not
			applicable in trucks for truck driving schools.
5. Safety restraint for each occupant of the
			vehicle.
6. Air bags if originally
			equipped.
General Authority: NDCC
				39-25-02
Law Implemented: NDCC
				39-25-03
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-03 - Driver Training Vehicle Requirements › Section 38-07-03-02 - Year of vehicle

Current through Supplement No. 393, July, 2024
Vehicles may not be used for driver training purposes which
			  are more than six model years old, unless prior approval of the superintendent
			  is granted.
General Authority: NDCC
				39-25-02
Law Implemented: NDCC
				39-25-02
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-03 - Driver Training Vehicle Requirements › Section 38-07-03-03 - List of vehicles

Current through Supplement No. 393, July, 2024
A list of vehicles used for driver training must be
			  maintained and filed with the superintendent.
General Authority: NDCC
				39-25-02
Law Implemented: NDCC
				39-25-02
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-03 - Driver Training Vehicle Requirements › Section 38-07-03-04 - Signing of vehicles

Current through Supplement No. 393, July, 2024
Vehicles, while being used for driving instruction, may have
			  displayed conspicuously thereon signs on front and rear, with background and
			  letters of contrasting colors stating "Student Driver" with lettering at least
			  two inches [50.80 millimeters] but not more than five inches [127 millimeters]
			  in height. No other signs or advertising may be displayed without the approval
			  of the superintendent.
General Authority: NDCC
				39-25-02
Law Implemented: NDCC
				39-25-02
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-03 - Driver Training Vehicle Requirements › Section 38-07-03-05 - Vehicle inspection

Current through Supplement No. 393, July, 2024
All vehicles used for driver training purposes must be in
			  safe mechanical condition. Vehicles must pass a vehicle inspection immediately
			  after installation of dual control devices and periodically thereafter as may
			  be designated by the superintendent. The department of transportation annual
			  vehicle inspection will be accepted for commercial vehicles. The vehicle
			  inspection must be done by a person authorized by the superintendent. The
			  license of a commercial driver training school or instructor may be suspended
			  at any time if a vehicle used for driver training purposes is not maintained in
			  a safe operating condition.
General Authority:
NDCC
				39-25-02
Law Implemented:
NDCC
				39-25-02
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-04 - Commercial Driver Training Instructor Requirements › Section 38-07-04-01 - Instructor requirements

Current through Supplement No. 393, July, 2024
An applicant for a commercial driver training instructor
			  license must:
1. Be a resident of the
			state of North Dakota, unless waived by the superintendent for good
			cause.
2. Furnish the
			superintendent information relating to all previous places of residence located
			outside of the state of North Dakota.
3. Be at least twenty-one years of
			age.
4. Read, write, and speak the
			English language.
5. Have normal
			peripheral vision, depth perception, and color vision. Visual acuity of at
			least 20/40 in each eye, with or without corrective lenses.
6. Have been a licensed driver for three
			years for class license instruction, holding a valid North Dakota driver's
			license unless waived by the superintendent for good cause, free from
			requirement to show proof of financial responsibility, and have a satisfactory
			driving record free from any conviction that would constitute the basis for
			suspension or revocation of the instructor license.
7. Submit with the application a copy of the
			applicant's driving record dated not earlier than thirty days prior to the
			receipt of application by the superintendent.
8. Not have been convicted of a crime
			involving moral turpitude.
9.
			Furnish the superintendent with one set of fingerprints and photographs and
			authorize investigation with the bureau of criminal investigation and the
			federal bureau of investigation to determine if the applicant has a criminal
			record.
a. The attorney general's office
			request for criminal history record form, authorization form, fingerprints, and
			fee for background check must be submitted with the application for an
			instructor license.
b. If the
			applicant has been convicted of a misdemeanor or felony, then the applicant is
			ineligible to be an instructor unless:
(1) The
			superintendent determines the crime does not directly relate to the position of
			instructor; or
(2) The applicant
			has shown competent evidence of sufficient rehabilitation and present fitness
			to perform the duties of an instructor.
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-04 - Commercial Driver Training Instructor Requirements › Section 38-07-04-02 - Instructor license

Current through Supplement No. 393, July, 2024
The application for an instructor license will indicate the
			  commercial driver training school, when applicable, by whom employed or to be
			  employed. When employment of an instructor is terminated with a commercial
			  driver training school, the school administrator shall return the terminated
			  instructor's commercial instruction license to the superintendent within ten
			  days of the termination date.
General Authority: NDCC
				39-25-02
Law Implemented: NDCC
				39-25-04
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-04 - Commercial Driver Training Instructor Requirements › Section 38-07-04-03 - Driver's license requirement

Current through Supplement No. 393, July, 2024
Instructors must at all times, while giving behind-the-wheel
			  or "on-street on-cycle" instruction, carry a valid driver's license applicable
			  to the type of vehicle for which instruction is being conducted.
General Authority: NDCC
				39-25-02
Law Implemented: NDCC
				39-25-04
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-04 - Commercial Driver Training Instructor Requirements › Section 38-07-04-04 - Expiration and renewal of instructor license

Current through Supplement No. 393, July, 2024
All instructor licenses expire on the last day of the
			  calendar year and may be renewed upon application to the superintendent as
			  prescribed. Each application for an original or renewal license must be
			  accompanied by a fee of ten dollars. No license fees may be refunded in the
			  event any application is rejected or a license suspended or revoked.
General Authority: NDCC
				39-25-02
Law Implemented: NDCC
				39-25-04
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-05 - Driver Training Instruction Requirements › Section 38-07-05-01 - Training curriculum

Current through Supplement No. 393, July, 2024
A complete and up-to-date copy of the internet course,
			  classroom, and behind-the-wheel or on-cycle training curriculum for each class
			  of license for which instruction is offered must be submitted to and approved
			  by the superintendent. Instruction must meet the minimum requirements of any
			  federal or state standards that are or may be established regarding the length
			  of lesson and methods of instruction.
General Authority: NDCC
				39-25-02
Law Implemented: NDCC
				39-06-01.1,
				39-25-03,
				39-25-04
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-05 - Driver Training Instruction Requirements › Section 38-07-05-02 - Behind-the-wheel instruction certificate

Current through Supplement No. 393, July, 2024
North Dakota Century Code section
			  39-06-17 requires an applicant
			  under the age of sixteen years, when appearing for a driver examination, to
			  exhibit for verification a properly endorsed behind-the-wheel instruction
			  certificate. Such certificate must indicate the child has completed at least
			  six hours of behind-the-wheel instruction. Schools or instructors shall inform
			  driver training students under sixteen years of age that a minimum of six hours
			  of actual behind-the-wheel instruction is required before the child is eligible
			  to take the driver examination.
General Authority: NDCC
				39-25-02
Law Implemented: NDCC
				39-25-02
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-05 - Driver Training Instruction Requirements › Section 38-07-05-03 - Motorcycle completion certificate

Current through Supplement No. 393, July, 2024
North Dakota Century Code section
			  39-06-14 states that applicants
			  fourteen or fifteen years of age may be issued a motorcycle learner's permit if
			  the applicant is enrolled in or has completed an approved motorcycle safety
			  course. The completion certificate must indicate that the applicant has
			  completed a motorcycle safety course which meets the minimum requirements of
			  the motorcycle safety foundation.
General Authority: NDCC
				39-25-02
Law Implemented: NDCC
				39-25-02
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-05 - Driver Training Instruction Requirements › Section 38-07-05-04 - Behind-the-wheel and on-cycle instruction

Current through Supplement No. 393, July, 2024
1. Instruction may be provided on machines
			which simulate driving conditions only when the use of such machines has been
			specifically approved as a part of the curriculum of behind-the-wheel training
			by the superintendent. Any type of simulation training shall be in addition to
			student completion of at least six hours of actual behind-the-wheel driving in
			a motor vehicle.
2. Instructors
			shall ensure that seatbelts are in use at all times while instruction is being
			given behind the wheel of a motor vehicle.
3. Instructors shall ascertain that the
			student is in possession of a valid driver instruction permit or driver's
			license prior to giving behind-the-wheel instruction.
4. Instruction for class A and class B, C
			type vehicles may be given only when specifically approved by the
			superintendent.
5. Instructors
			must at all times, while giving behind-the-wheel or "on-street on-cycle"
			instruction, ensure that students do not violate any traffic law, rule,
			regulation, sign, or street marking governing the operation of a motor vehicle.
6. When the student has
			satisfactorily completed at least six hours of behind-the-wheel instruction,
			the authorized school operator or instructor shall furnish the student a
			certificate of completion to that effect.
7. Instruction may not be given on routes
			used for the North Dakota state driver license road test.
General Authority: NDCC
				39-25-02
Law Implemented: NDCC
				39-25-03,
				39-25-04
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-05 - Driver Training Instruction Requirements › Section 38-07-05-05 - Internet course completion certificate

Current through Supplement No. 393, July, 2024
North Dakota Century Code section
			  39-06-01.1 permits an applicant
			  under the age of eighteen years, whose driver's license has been canceled, to
			  complete an internet course through a licensee under North Dakota Century Code
			  chapter 39-25. Verification of successful completion of the internet course
			  must be in the form of an internet course completion certificate issued by the
			  licensee.
General Authority: NDCC
				39-25-02
Law Implemented: NDCC
				39-06-01.1
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-06 - Refusal, Suspension, or Revocation of License › Section 38-07-06-01 - Refusal, suspension, or revocation of license

Current through Supplement No. 393, July, 2024
The superintendent may refuse to issue or may suspend or
			  revoke a license in any case where the superintendent finds the applicant or
			  licensee has violated any one of the provisions of chapter 39-25 or the
			  regulations herein prescribed. A suspended or revoked license must be returned
			  to the superintendent by the licensee. The license of a commercial driver
			  training school or instructor may be revoked, suspended, issuance refused, or a
			  renewal refused under any of the following conditions:
1. Whenever the person commits fraud or
			engages in fraudulent practice with reference to the person's license
			application.
2. Whenever the
			commercial driver training school or instructor induces or countenances fraud
			or fraudulent practice on the part of any applicant for a driver license or
			instruction permit.
3. When a
			commercial driver training school or an instructor advertises or implies that a
			driver license is guaranteed upon completion of the course of instruction.
4. When instruction is given to a
			person who does not have a valid learner or instruction permit or driver
			license in their possession.
5.
			When a certificate of enrollment or completion is signed by an authorized
			school operator or instructor and information on the certificate is false.
6. When the person is convicted of
			a violation of a criminal law or traffic law, or both, including, but not
			limited to, driving a motor vehicle while under the influence of intoxicating
			liquor or narcotic drugs, leaving the scene of an accident, careless driving,
			or reckless driving.
7. When there
			is evidence that intoxicating beverages were present or consumed on the school
			premises or in its training vehicles.
8. When a student is overcharged or
			encouraged to continue indefinite instructions beyond the point where the
			student is capable of passing the driver license examination, or both.
9. Any licensed school operator or
			instructor whose license is subject to suspension or revocation may be required
			to appear before the superintendent or the superintendent's designated agent to
			show cause why such license should not be suspended or revoked. Any person who
			has been refused issuance or renewal of a license or whose license is subject
			to suspension or revocation is entitled to a hearing before the superintendent
			as provided in North Dakota Century Code chapter 28-32.
General Authority: NDCC
				39-25-02
Law Implemented: NDCC
				39-25-06
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-08 - Premium Reduction for Accident Prevention Course Completion › Chapter 38-08-01 - Sponsoring Agency Approval › Section 38-08-01-01 - Application for course approval

Current through Supplement No. 393, July, 2024
A sponsoring agency which proposes to offer a motor vehicle
			  crash prevention course to the public qualifying for an insurance premium
			  reduction shall submit a completed application to the superintendent of the
			  North Dakota highway patrol on a form prescribed by the department.
General Authority: NDCC 26.1-25-04.1
Law Implemented: NDCC
				26.1-25-04.1
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-08 - Premium Reduction for Accident Prevention Course Completion › Chapter 38-08-01 - Sponsoring Agency Approval › Section 38-08-01-02 - Course and instructors

Current through Supplement No. 393, July, 2024
In addition to the information required to be entered upon
			  the application, the application must be accompanied by the following:
1. A written copy of the proposed motor
			vehicle crash prevention course, which if approved, will be presented in a
			classroom setting or self-study, must be maintained on file at highway patrol
			headquarters.
2. An electronic
			demonstration copy of the proposed motor vehicle crash prevention course, which
			if approved, will be presented via the internet. A copy must be maintained on
			file at highway patrol headquarters.
3. Names, addresses, and driver's license
			numbers of all instructors providing classroom instruction. Instructors must be
			formally certified to teach the courses. Documentation attesting to instructor
			certification must be submitted to the superintendent.
General Authority: NDCC 26.1-25-04.1
Law Implemented: NDCC
				26.1-25-04.1
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-08 - Premium Reduction for Accident Prevention Course Completion › Chapter 38-08-01 - Sponsoring Agency Approval › Section 38-08-01-03 - Renewal of course approval

Current through Supplement No. 393, July, 2024
Course approval will be valid for a period of two years from
			  the date of such approval. Renewal of course approval must be obtained every
			  two years.
General Authority: NDCC 26.1-25-04.1
Law Implemented: NDCC
				26.1-25-04.1
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-08 - Premium Reduction for Accident Prevention Course Completion › Chapter 38-08-02 - Course Approval › Section 38-08-02-01 - Hours of instruction

Current through Supplement No. 393, July, 2024
The curriculum for a course in motor vehicle crash prevention
			  must consist of a minimum of four hours of instruction and must be designed
			  consistent with the following subject matter and be structured to prepare a
			  student for satisfactory completion.
General Authority: NDCC 26.1-25-04.1
Law Implemented: NDCC
				26.1-25-04.1
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-08 - Premium Reduction for Accident Prevention Course Completion › Chapter 38-08-02 - Course Approval › Section 38-08-02-02 - Course curriculum

Current through Supplement No. 393, July, 2024
The curriculum must include, but not be limited to, the
			  following subject matter:
1. The
			concept of crash preventability, including a discussion of the cost magnitude
			of traffic crashes.
2. Discussion
			concerning the following contributing factors involved in motor vehicle
			crashes:
a. Appropriate responses to roadway
			departure incidents;
b. Benefits
			associated with the proper use of safety restraints;
c. Impact of alcohol and drug use among
			drivers;
d. Problems associated
			with younger or older drivers; and
e. Negative consequences associated with
			aggressive driving.
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-08 - Premium Reduction for Accident Prevention Course Completion › Chapter 38-08-03 - Withdrawal of Approval › Section 38-08-03-01 - Withdrawal of approval

Current through Supplement No. 393, July, 2024
The superintendent may withdraw approval of a sponsoring
			  agency of a motor vehicle crash prevention course for any of the following
			  reasons:
1. Unapproved deletions or
			additions have been made to the curriculum previously approved. Courses
			approved as classroom courses may format the approved course for self-study or
			online internet use, provided the requirements of subsection 2 of section
			38-08-01 -02 have been met.
2. The course is not administered
			in a satisfactory manner or after evaluation proves ineffective.
3. The sponsoring agency failed to maintain
			compliance with any of the provisions of this article.
General Authority: NDCC 26.1-25-04.1
Law Implemented: NDCC
				26.1-25-04.1
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-08 - Premium Reduction for Accident Prevention Course Completion › Chapter 38-08-04 - Sponsoring Agency Course Administration › Section 38-08-04-01 - Sponsoring agency requirements

Current through Supplement No. 393, July, 2024
An approved sponsoring agency shall:
1. Make application to the department for
			approval if there are any proposed additions or deletions to an approved
			course.
2. Perform all
			administrative functions in connection with the course.
3. Upon satisfactory completion of the
			course, provide each participant with a certificate of course completion
			approved by the superintendent. Completion records must be maintained for a
			period of three years from the course completion date.
4. Provide approved instructors to provide
			presentations for classroom courses.
5. Provide the same course of instruction
			that is submitted to the superintendent at the time of application for course
			approval.
6. Provide each
			participant at the time of enrollment an approved statement, either printed or
			in electronic format, that indicates an insurer may provide a reduction in
			premium charges for motor vehicle personal injury and property damage to an
			insured for at least a two-year period following the participant's successful
			completion of a motor vehicle crash prevention course. A driver fifty-five
			years of age or older who successfully completes an approved motor vehicle
			crash prevention course is entitled to a three-year insurance premium
			reduction.
7. Provide the
			superintendent, upon request, a schedule of classroom courses, to include the
			dates, times, and locations of classroom courses.
8. Authorize the superintendent to audit the
			records of the approved course and to monitor and evaluate any and all portions
			of the course, including the classroom facility, self-study materials, and
			online materials presented via internet-based courses. An internet course
			provider will provide the superintendent a course access password at no charge,
			upon request.
9. Upon renewal of
			an approved course, the course must be updated to accommodate any amendments
			that have been made to this article within the period of the current course
			approval.
General Authority: NDCC 26.1-25-04.1
Law Implemented: NDCC
				26.1-25-04.1
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-01 - General Administration › Chapter 40-01-02 - Establishment of Membership in the State Historical Society of North Dakota › Section 40-01-02-01 - Classes of membership established

Current through Supplement No. 393, July, 2024
1. There shall be the following classes of
				  membership in the state historical society of North Dakota:
a. Basic.
b. Family.
c. Honorary.
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-01 - General Administration › Chapter 40-01-02 - Establishment of Membership in the State Historical Society of North Dakota › Section 40-01-02-02 - Qualifications for membership in the various classes defined

Current through Supplement No. 393, July, 2024
1. Basic membership requires payment of a
				  membership fee of ten dollars for United States residents and
				  fifteen dollars for residents of other countries.
All organizational subscribers, exchanges,
				  and former life members will receive a basic membership. All
				  subscribers at the time membership is established will receive
				  a basic membership to be extended through the term of their
				  subscription.
2. Family membership requires payment of a
				  membership fee of twenty-five dollars.
3. Honorary membership is recognition by the
				  state historical board of a major contribution to the
				  preservation and interpretation of the history of North Dakota
				  in any form.
General Authority: NDCC 55-01-02
Law Implemented: NDCC 55-01-02; S.L 1987, ch. 663
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-01 - General Administration › Chapter 40-01-02 - Establishment of Membership in the State Historical Society of North Dakota › Section 40-01-02-03 - Benefits of various classes of membership outlined

Current through Supplement No. 393, July, 2024
1. Basic membership benefits are
				  subscription to North Dakota History, Plains Talk, a
				  membership card, invitations to special events, and an
				  invitation to the annual meeting.
2. Family membership benefits are basic
				  benefits plus free admission for all family members to state
				  historic sites and museums, a membership card, museum store
				  and workshop discounts, invitations to special events, and an
				  invitation to the annual meeting.
3. Honorary membership benefits are basic
				  member benefits.
General Authority: NDCC 55-01-02
Law Implemented: NDCC 55-01-02; S.L. 1987, ch. 663
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-01 - General Administration › Chapter 40-01-02 - Establishment of Membership in the State Historical Society of North Dakota › Section 40-01-02-04 - Transfer of membership

Current through Supplement No. 393, July, 2024
In lieu of a membership program established
				  under sections 40-01-02-01, 40-01-02-02, and 40-01-02-03, the
				  state historical society may transfer its public membership
				  program to the state historical society of North Dakota
				  foundation by cooperative agreement.
General Authority: NDCC 55-01-02
Law Implemented: NDCC 55-01-02; S.L. 1987, ch. 663
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-01 - General Administration › Chapter 40-01-03 - Deaccession and Disposal of Collections › Section 40-01-03-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter, unless the context
				  otherwise requires:
1. "Analysis" means any activity that
				  requires Indian human skeletal remains and associated grave
				  goods to be touched by any person other than appropriate
				  Indian spiritual leaders appointed by their respective tribal
				  government. The term "analysis" includes identification.
2. "Associated grave goods" means all
				  objects, which shall generally include all items believed to
				  have been interred with human skeletal remains, including, but
				  not limited to, projectile points, knives, scrapers, articles
				  of clothing, ornaments, beads, and religious items such as
				  pipes, stones, dishes and pottery, feathers, and any item
				  within the physical anthropology collection so identified by
				  the intertribal reinterment committee.
3. "Deaccession" means the process of
				  permanently removing articles from the collections of the
				  state historical society of North Dakota; it involves state
				  historical board action, records management procedures, and
				  disposal of the articles.
4. "Director" means the director of the
				  state historical society as set forth in North Dakota Century
				  Code section  55-02-01.
5. "Duly designated representative" means
				  any person who is so appointed by the person's respective
				  tribal government and can provide written documentation of
				  such appointment.
6. "Federal custodian" means the federal
				  agency which manages lands owned by the United States
				  government and from which human skeletal remains and
				  associated grave goods have been recovered.
7. "Intertribal reinterment committee" means
				  that committee comprised of representatives appointed by each
				  tribal government to represent their respective tribe in
				  matters related to the deaccession and reinterment of human
				  skeletal remains and associated grave goods.
8. "Tribally identified articles" means
				  human skeletal remains and associated grave goods for which
				  tribal affiliation has been determined.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-01-02(3)
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-01 - General Administration › Chapter 40-01-03 - Deaccession and Disposal of Collections › Section 40-01-03-02 - General method of deaccession and disposal - Exception

Current through Supplement No. 393, July, 2024
With the exception of those articles
				  constituted by human skeletal remains and associated grave
				  goods, the state historical board may deaccession articles
				  from its collections upon the assessment of the director The
				  director, in making such an assessment to deaccession
				  articles, shall also discuss the method of disposal. Methods
				  of disposal must be as follows:
1. In the case of donated articles, unless
				  other conditions are specified in a deed, gift, or other
				  conveyance, deaccessioned articles will first be offered back
				  to the donor if the donor is alive.
2. Articles may be transferred to another
				  educational institution through gift, or exchange for other
				  articles, or purchase by that institution.
3. Articles inappropriate to the collecting
				  policy of the state historical board and other articles of no
				  value to the state historical society or other institutions
				  may be physically destroyed.
4. Articles of monetary value may be sold or
				  traded for articles of similar value.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-01-02(3)
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-01 - General Administration › Chapter 40-01-03 - Deaccession and Disposal of Collections › Section 40-01-03-03 - Records of deaccession

Current through Supplement No. 393, July, 2024
A permanent record will be kept of all
				  articles deaccessioned in accordance with section 40-01-03-02.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-01-02(3)
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-01 - General Administration › Chapter 40-01-03 - Deaccession and Disposal of Collections › Section 40-01-03-04 - Deaccession of human skeletal remains and associated grave goods

Current through Supplement No. 393, July, 2024
Human skeletal remains and associated grave
				  goods are recognized as a distinct collection category exempt
				  from the general method of deaccession and disposal prescribed
				  in sections 40-01-03-02 and 40-01-03-03. Human skeletal
				  remains and associated grave goods included in the categories
				  enumerated in section 40-01-03-06 must be deaccessioned and
				  permanently removed from the state historical society's
				  collections, and disposed of in accordance with sections 40-01-03-06 and 40-01-03-07, at the direction of the state
				  historical board.
An exit inventory must be conducted to
				  verify and record the items to be deaccessioned.
The inventory must be conducted by a
				  representative of the state historical board, the state
				  historical society director or director's designees, and the
				  intertribal reinterment committee or its designees.
The exit inventory must list by description
				  the items being deaccessioned. With the consent of the
				  intertribal reinterment committee, it may include photography,
				  replication, measuring, and weighing of any associated grave
				  good.
The inventory must be conducted in such a
				  manner to honor and respect the religious beliefs and
				  ceremonies of the tribes, in accordance with the requirements
				  set forth by the spiritual leader designated by the
				  intertribal reinterment committee.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-01-02(3)
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-01 - General Administration › Chapter 40-01-03 - Deaccession and Disposal of Collections › Section 40-01-03-05 - Donor consent

Current through Supplement No. 393, July, 2024
The state historical society shall endeavor
				  to secure the written consent of all living donors and federal
				  custodians of human skeletal remains and associated grave
				  goods in its collections to release all such articles for
				  reinterment. In those instances wherein such written consent
				  is secured, and, in the case of donated articles, if no
				  response is received from a donor within a period of thirty
				  days from the date of mailing of the consent request, those
				  human skeletal remains and associated grave goods involved in
				  such consent requests must be released for reinterment, with
				  timely notice of such authorized release having been given to
				  the appropriate tribal entity, as specified in section 40-01-03-06. In those instances wherein a donor or a federal
				  custodian initially denies consent to the release of any or
				  all of the human skeletal remains and associated grave goods
				  involved in the respective consent request, the state
				  historical society shall immediately, upon receiving such
				  denial of consent in each instance, notify the intertribal
				  reinterment committee of the denial and, upon request, provide
				  said committee with information relative to the reason for the
				  denial, which information must also include the name and
				  address of the donor or federal custodian denying consent. In
				  each such instance of an initial denial of consent, the state
				  historical society shall continue to maintain in its
				  collections the human skeletal remains and associated grave
				  goods at issue, until such time as written consent to release
				  for reinterment is secured. This does not otherwise abridge
				  any other custodial or contractual obligations of the society.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-01-02(3)
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-01 - General Administration › Chapter 40-01-03 - Deaccession and Disposal of Collections › Section 40-01-03-06 - Release of human skeletal remains and associated grave goods

Current through Supplement No. 393, July, 2024
Human skeletal remains and associated grave
				  goods included in the following categories must be
				  deaccessioned and released to the appropriate tribal entity
				  for reinterment on Indian lands:
1. Those recovered from lands and other
				  properties of the state of North Dakota and of its political
				  subdivisions.
2. Those received from donors who are
				  deceased.
3. Those for which donor or federal
				  custodian consent has been secured to release for reinterment.
4. Those for which donors do not respond to
				  consent request letters within the prescribed thirty-day
				  period.
Tribally identified articles must be
				  released to a duly designated representative of the respective
				  tribal government. Those articles not tribally identified must
				  be released to an official representative of the intertribal
				  reinterment committee.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-01-02(3)
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-01 - General Administration › Chapter 40-01-03 - Deaccession and Disposal of Collections › Section 40-01-03-07 - Security and coordination

Current through Supplement No. 393, July, 2024
Until such time as the human skeletal
				  remains and associated grave goods in the state historical
				  society's collections are released for reinterment, all such
				  articles must be secured and continuously restricted from
				  access by any person, except as provided in section 40-01-03-04. No analysis may be conducted on articles at any
				  time prior to release, including the period involving the
				  preparation for the articles' release except as provided in
				  section 40-01-03-04. After the release and reinterment of such
				  articles, the state historical society may not conduct,
				  participate in, or finance any subsequent disinterment of any
				  of these articles. The North Dakota Indian affairs commission
				  must be informed of all actions of the society in carrying out
				  activities related to the deaccession and release of human
				  skeletal remains and associated grave goods.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 55-01-02(3)
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-01 - State Historic Sites Registry › Section 40-02-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this title have
				  the same meaning as in North Dakota Century Code chapter
				   55-10, except:
1. "Board" means the state historical board
				  as defined in North Dakota Century Code section  55-01-01.
2. "Committee" means the committee on
				  archaeology and historic preservation of the board as defined
				  in North Dakota Century Code section  55-01-01.
3. "Criteria" means the written standards
				  used by the board to determine that a site possesses
				  historical value as defined in North Dakota Century Code
				  section  55-10-02.
4. "Director" means the director of the
				  state historical society of North Dakota as defined in North
				  Dakota Century Code section  55-02-01.
5. "Division" means the division of
				  archaeology and historic preservation of the state historical
				  society.
6. "Meeting" means an officially called
				  meeting of the board as defined in North Dakota Century Code
				  section  55-01-03.
7. "Nomination" means a written statement
				  describing the physical condition and historical value of a
				  property.
8. "Originator" means the individual who
				  prepared the nomination.
9. "Petition" means a written statement
				  describing a property's loss of historical value.
10. "Registry" means the state historic
				  sites registry as defined in subsection 4 of North Dakota
				  Century Code section  55-10-02.
General Authority: NDCC 28-32-01, 28-32-02
Law Implemented: NDCC 55-10-02(4), 55-10-10
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-01 - State Historic Sites Registry › Section 40-02-01-02 - Relationship between registry and national register of historic places

Current through Supplement No. 393, July, 2024
The registry should not be confused with the
				  National Register of Historic Places. A property listed in the
				  registry may also, but will not necessarily, be listed or
				  determined eligible for listing in the National Register of
				  Historic Places. Only when registry properties are also listed
				  or determined eligible for listing in the National Register of
				  Historic Places do the federal programs or regulations related
				  to such listing apply to registry properties.
General Authority: NDCC 28-32-01, 28-32-02
Law Implemented: NDCC 55-10-02(4)
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-01 - State Historic Sites Registry › Section 40-02-01-03 - Criteria for listing properties in the registry

Current through Supplement No. 393, July, 2024
The state historical board shall consider
				  historic and prehistoric sites, structures, buildings,
				  objects, neighborhoods, networks, and cultural landscapes
				  eligible for inclusion in the registry if it can be
				  demonstrated that:
1. They have been associated with and now
				  illustrate, recall, or characterize one or more of the
				  following:
a. Individuals;
b. Groups;
c. Events;
d. Processes;
e. Institutions;
f. Movements;
g. Lifeways;
h. Folkways;
i. Ideals;
j. Beliefs; or
k. Other patterns or phenomena that had a
				  significant influence on or are important reflections of the
				  prehistoric or historic development or identity of the state,
				  or of a region, community, or cultural group within the state,
				  or;
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-01 - State Historic Sites Registry › Section 40-02-01-04 - Documentation of significance

Current through Supplement No. 393, July, 2024
Any state agency, department, municipality,
				  county, school district, or other governmental subdivision or
				  private organization or individual may prepare and submit
				  nominations of properties to the registry. All nominations
				  prepared shall be submitted to the division. It is the
				  division's responsibility to review all nominations to assure
				  that they contain adequate documentation upon which the board
				  makes decisions. Nominations which are not adequately
				  documented are returned within fifteen days of receipt with an
				  explanation of deficiencies, and no further action is taken
				  until adequate documentation is provided. Adequate
				  documentation includes:
1. Name and address of the originator and
				  the organization, institution, or governmental entity, if any,
				  which requested or directed the nomination to be prepared.
2. Legal boundary description of the
				  property.
3. Physical description of the property.
4. Explanation of the physical changes made
				  to the property and when such changes occurred.
5. Statement of historic, architectural,
				  archaeological, cultural, or other significance which
				  indicates the property meets the criteria.
6. Eight-inch by ten-inch [20.32-centimeter
				  by 25.4-centimeter] black and white photographs of the
				  property, both interior and exterior if the property is a
				  building, as necessary and appropriate to provide accurate
				  evidence of its existing condition. In the case of properties
				  covering an extremely large area, an aerial photo series,
				  composite aerial photographs, or other method of photo
				  documentation necessary to illustrate existing conditions are
				  acceptable in lieu of, or in addition to, eight-inch by
				  ten-inch [20.32-centimeter by 25.4-centimeter] black and white
				  photographs.
7. Names and addresses of property owners of
				  record.
General Authority: NDCC 28-32-01, 28-32-02
Law Implemented: NDCC 55-10-02(4)
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-01 - State Historic Sites Registry › Section 40-02-01-05 - Notification of pending review

Current through Supplement No. 393, July, 2024
The division provides notification not less
				  than sixty days prior to the meeting at which the property is
				  reviewed. The board will not review nominations submitted
				  unless the notification procedures outlined in this section
				  have been followed.
1. Notification is made as follows:
a. Written notification by registered mail
				  to the private property owners.
b. For state-owned properties, written
				  notification by registered mail to the state agency head
				  having jurisdiction over the property.
c. For properties occupied but not owned by
				  the state, written notification to the state agency head
				  occupying the property.
d. Written notification to the chief elected
				  official of the political jurisdiction in which the property
				  is located.
e. News releases sent to a wire service in
				  the state and to at least one newspaper of general circulation
				  in the area in which the property is located.
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-01 - State Historic Sites Registry › Section 40-02-01-06 - Procedures for reviewing nominated properties

Current through Supplement No. 393, July, 2024
Procedures include:
1. Mailing by the division to the board of
				  the nomination not less than ten days prior to each meeting.
2. Review of the nomination by the committee
				  prior to the meeting.
3. Recommendations by the committee to the
				  board regarding each property being nominated. Recommendations
				  fall into one of the following categories:
a. Recommend for inclusion in the registry.
b. Not recommended for inclusion in the
				  registry.
c. Return nomination to the originator for
				  further research or additional information.
d. Recommend for inclusion with
				  qualifications. Qualifications will ordinarily be limited to
				  changes in boundary definition.
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-01 - State Historic Sites Registry › Section 40-02-01-07 - Notification of action taken

Current through Supplement No. 393, July, 2024
Not more than fifteen days following board
				  action on a nomination, the division shall provide written
				  notification of action taken to those property owners,
				  governmental officials, and to the general public as outlined
				  in subsection 1 of section 40-02-01-05.
General Authority: NDCC 55-02-01
Law Implemented: NDCC 55-10-02(4)
North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-01 - State Historic Sites Registry › Section 40-02-01-08 - Publication and distribution

Current through Supplement No. 393, July, 2024
No later than January 31, 1986, the society
				  shall publish and distribute the North Dakota State Historic
				  Sites Registry, and shall annually thereafter publish, as
				  necessary, any updates to that publication. The publication
				  must, at a minimum, include:
1. A list of all properties in the registry
				  as of the last day of the November preceding.
2. A brief statement of the significance of
				  each property listed.
3. The location of each property, except
				  that archaeological properties will be located only by range,
				  township, and section.
4. The portions of the North Dakota Century
				  Code and of the board's policies and procedures relating to
				  the registry.
General Authority: NDCC 55-10-02
Law Implemented: NDCC 54-24-09, 55-10-02(4)