reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-11.1 - Mechanical integrity - Injection wells

Current through Supplement No. 393, July, 2024
1. An injection
				well has mechanical integrity if:
a. There is
				no significant leak in the casing, tubing, or packer; and
b. There is no significant fluid movement
				into an underground source of drinking water through channels adjacent to the
				well bore.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-11.2 - Logging, sampling, and testing prior to injection well operation

Current through Supplement No. 393, July, 2024
1. During the
				drilling and construction of an injection well, the storage operator shall run
				appropriate logs, surveys, and tests to determine or verify the depth,
				thickness, porosity, permeability, lithology, and salinity of any formation
				fluids in all relevant geologic formations to ensure conformance with the
				injection well construction requirements under section
				43-05-01-11, and to establish
				accurate baseline data against which future measurements may be compared. The
				storage operator shall submit to the commission a descriptive report prepared
				by a log analyst that includes an interpretation of the results of such logs
				and tests. At a minimum, such logs and tests must include:
a. Deviation checks during drilling on all
				holes constructed by drilling a pilot hole which is enlarged by reaming or
				another method. Such checks must be at sufficiently frequent intervals to
				determine the location of the borehole and to ensure that vertical avenues for
				fluid movement in the form of diverging holes are not created during
				drilling.
b. Before and upon
				installing the surface casing:
(1)
				Resistivity, spontaneous potential, and caliper logs before the casing is
				installed; and
(2) A cement bond
				and variable density log to evaluate cement quality radially and a temperature
				log after the casing is set and cemented.
c. Before and upon installation of the long
				string casing:
(1) Resistivity, spontaneous
				potential, porosity, caliper, gamma ray, fracture finder logs, and any other
				logs the commission requires for the given geology before the casing is
				installed; and
(2) A cement bond
				and variable density log, and a temperature log after the casing is set and
				cemented.
d. A series of
				tests designed to demonstrate the internal and external mechanical integrity of
				injection wells, which may include:
(1) A
				pressure test with liquid or gas;
(2) A tracer survey;
(3) A temperature or noise log;
(4) A casing inspection log; and
e. Any alternative methods that
				provide equivalent or better information and that the commission requires or
				approves.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-11.3 - Injection well operating requirements

Current through Supplement No. 393, July, 2024
1. Except during stimulation, the storage
				operator shall ensure that injection pressure does not exceed ninety percent of
				the fracture pressure of the injection zone so as to ensure that the injection
				does not initiate new fractures or propagate existing fractures in the
				injection zone. Injection pressure must never initiate fractures in the
				confining zone or cause the movement of injection or formation fluids that
				endanger an underground source of drinking water. All stimulation programs are
				subject to the commission's approval as part of the storage facility permit
				application and incorporated into the permit.
2. Injection between the outermost casing
				protecting underground sources of drinking water and the well bore is
				prohibited.
3. The storage operator
				shall fill the annulus between the tubing and the long string casing with a
				noncorrosive fluid approved by the commission. The storage operator shall
				maintain on the annulus a pressure that exceeds the operating injection
				pressure, unless the commission determines that such requirement might harm the
				integrity of the well or endanger underground sources of drinking
				water.
4. Other than during periods
				approved by the commission in which the sealed tubing-casing annulus is
				disassembled for maintenance or corrective procedures, the storage operator
				shall maintain mechanical integrity of the injection well at all
				times.
5. The storage operator
				shall install and use:
a. Continuous recording
				devices to monitor the injection pressure; the rate, volume or mass, and
				temperature of the carbon dioxide stream; and the pressure on the annulus
				between the tubing and the long string casing and annulus fluid volume;
				and
b. Alarms and automatic surface
				shutoff systems or, at the discretion of the commission, down-hole shutoff
				systems (e.g., automatic shutoff, check valves) or, other mechanical devices
				that provide equivalent protection that are designed to alert the operator and
				shut-in the well when operating parameters diverge beyond permitted ranges or
				gradients specified in the permit.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-11.5 - Injection well plugging

Current through Supplement No. 393, July, 2024
1. Prior to the well plugging, the storage
				operator shall flush each injection well with a buffer fluid, determine bottom
				hole reservoir pressure, and perform a final external mechanical integrity
				test.
2. The storage operator shall
				prepare, maintain, and comply with a plugging plan that is acceptable to the
				commission. The requirement to maintain and implement a commission-approved
				plan is directly enforceable regardless of whether the requirement is a
				condition of the permit. The plan must be submitted as part of the storage
				facility permit application and must include the following:
a. Appropriate tests or measures for
				determining bottom hole reservoir pressure;
b. Appropriate testing methods to ensure
				external mechanical integrity;
c.
				The type and number of plugs to be used;
d. The placement of each plug, including the
				elevation of the top and bottom of each plug;
e. The type, grade, and quantity of material
				to be used in plugging. The material must be compatible with the carbon dioxide
				stream; and
f. The method of
				placement of the plugs.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-11.6 - Injection depth waiver requirements

Current through Supplement No. 393, July, 2024
1. In seeking a waiver of the requirement to
				inject below the lowermost underground sources of drinking water, the storage
				operator shall submit a supplemental report concurrent with the storage
				facility permit application. The supplemental report must:
a. Demonstrate that the injection zone is
				laterally continuous, is not an underground source of drinking water, and is
				not hydraulically connected to underground sources of drinking water; does not
				outcrop; has adequate injectivity, volume, and sufficient porosity to safely
				contain the injected carbon dioxide and formation fluids; and has appropriate
				geochemistry;
b. Demonstrate that
				the injection zone is bounded by laterally continuous, impermeable confining
				units above and below the injection zone adequate to prevent fluid movement and
				pressure buildup outside of the injection zone; and that the confining unit is
				free of transmissive faults and fractures. The report shall further
				characterize the regional fracture properties and demonstrate that such
				fractures will not interfere with injection, serve as conduits, or endanger
				underground sources of drinking water;
c Demonstrate, using computational modeling, that underground
				  sources of drinking water above and below the injection zone will not be
				  endangered as a result of fluid movement. This modeling must be conducted in
				  conjunction with the area of review determination, and is subject to
				  requirements and periodic reevaluation;
d. Demonstrate that well design and
				construction, in conjunction with the waiver, will ensure isolation of the
				injectate in lieu of requirements and will meet well construction
				requirements;
e. Describe how the
				monitoring and testing and any additional plans will be tailored to the
				geologic sequestration project to ensure protection of underground sources of
				drinking water above and below the injection zone, if a waiver is
				granted;
f. Provide information on
				the location of all the public water supplies affected, reasonably likely to be
				affected, or served by underground sources of drinking water in the area of
				review; and
g. Provide any other
				information requested by the commission that the United States environmental
				protection agency regional administrator might find useful in making the
				decision whether to issue a waiver.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-12.1 - Minor modifications of permits

Current through Supplement No. 393, July, 2024
Upon agreement between the storage operator and the
				  commission, the commission may modify a permit to make the corrections or
				  allowances without the storage operator filing an application to amend a
				  permit. Any permit modification not processed as a minor modification under
				  this section must be filed as an application to amend an existing permit under
				  section 43-05-01-12. Minor modifications
				  may include:
1. Correct typographical
				errors;
2. Require more frequent
				monitoring or reporting by the storage operator;
3. Change an interim compliance date in a
				schedule of compliance, provided the new date is not more than one hundred
				twenty days after the date specified in the existing permit and does not
				interfere with attaintment of the final compliance date requirement;
4. Allow for a change in ownership or
				operational control of a facility where the commission determines that no other
				change in the storage facility permit is necessary, provided that a written
				agreement containing a specific date for transfer of permit responsibility,
				coverage, and liability between the current and new storage operator has been
				submitted to the commission pursuant to section
				43-05-01-06;
5. Change quantities or types of fluids
				injected which are within the capacity of the facility as permitted and, in the
				judgment of the commission, would not interfere with the operation of the
				facility or its ability to meet conditions described in the permit and would
				not change its classification;
6.
				Change construction requirements approved by the commission, provided that any
				such alteration shall comply with the requirements of this chapter and no such
				changes are physically incorporated into construction of the well prior to
				approval of the modification by the commission; or
7. Amend the testing and monitoring plan,
				plugging plan, postinjection site care and facility closure plan, emergency and
				remedial response plan, worker safety plan, or corrosion monitoring and
				prevention program where the modifications merely clarify or correct the plan,
				as determined by the commission.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 38-22
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-13 - Emergency and remedial response plan

Current through Supplement No. 393, July, 2024
The storage operator shall implement the commission-approved
				  emergency and remedial response plan and the worker safety plan proposed in
				  section 43-05-01-05. This plan must
				  include emergency response and security procedures. The plan, including
				  revision of the list of contractors and equipment vendors, must be updated as
				  necessary or as the commission requires. Copies of the plans must be available
				  at the storage facility and at the storage operator's nearest operational
				  office.
1. The emergency and remedial
				response plan requires a description of the actions the storage operator shall
				take to address movement of the injection or formation fluids that may endanger
				an underground source of drinking water during construction, operation, and
				postinjection site care periods. The requirement to maintain and implement a
				commission-approved plan is directly enforceable regardless of whether the
				requirement is a condition of the permit. The plan must also detail:
a. The safety procedures concerning the
				facility and residential, commercial, and public land use within one mile [1.61
				kilometers], or any other distance set by the commission, of the outside
				boundary of the facility area; and
b. Contingency plans for addressing carbon
				dioxide leaks from any well, flow lines, or other facility, and loss of
				containment from the storage reservoir, and identify specific contractors and
				equipment vendors capable of providing necessary services and equipment to
				respond to such leaks or loss of containment.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-14 - Leak detection and reporting

Current through Supplement No. 393, July, 2024
1. Leak detectors or other approved leak
				detection methodologies must be placed at the wellhead of all injection and
				subsurface observation wells. Leak detectors must be integrated, where
				applicable, with automated warning systems and must be inspected and tested on
				a semiannual basis and, if defective, shall be repaired or replaced within ten
				days. Each repaired or replaced detector must be retested if required by the
				commission. An extension of time for repair or replacement of a leak detector
				may be granted upon a showing of good cause by the storage operator. A record
				of each inspection must include the inspection results, must be maintained by
				the operator for at least ten years, and must be made available to the
				commission upon request.
2. The
				storage operator shall immediately report to the commission any leak detected
				at any well or surface facility.
3.
				The storage operator shall immediately report to the commission any pressure
				changes or other monitoring data from subsurface observation wells that
				indicate the presence of leaks in the storage reservoir.
4. The storage operator shall immediately
				report to the commission any other indication that the storage facility is not
				containing carbon dioxide, whether the lack of containment concerns the storage
				reservoir, surface equipment, or any other aspect of the storage
				facility.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 38-22
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-15 - Storage facility corrosion monitoring and prevention requirements

Current through Supplement No. 393, July, 2024
The storage operator shall conduct a corrosion monitoring and
				  prevention program approved by the commission.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 38-22
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-16 - Storage facility identification requirements

Current through Supplement No. 393, July, 2024
Identification signs must be placed at each storage facility
				  in a centralized location and at each well site. The signs must show the name
				  of the operator, the facility name, and the emergency response number to
				  contact the operator.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 38-22
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-17 - Storage facility fees

Current through Supplement No. 393, July, 2024
1. The storage
				operator shall pay the commission as follows:
a. Carbon dioxide sources that contribute to
				the energy and agriculture production economy of North Dakota:
(1) A fee of one cent on each ton of carbon
				dioxide injected for storage. The fee must be deposited in the carbon dioxide
				storage facility administrative fund.
(2) The storage operator shall pay the
				commission a fee of seven cents on each ton of carbon dioxide injected for
				storage. The fee must be deposited in the carbon dioxide storage facility trust
				fund.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-18 - Reporting requirements

Current through Supplement No. 393, July, 2024
1. The storage operator shall file with the
				commission all reports, submittals, notifications, and any other information
				that the commission requires.
2.
				The storage operator shall give notice to the commission as soon as possible of
				any planned physical alterations or additions to the permitted storage facility
				or any other planned changes in the permitted storage facility or activity
				which may result in noncompliance with permit requirements.
3. Reports of compliance or noncompliance
				with, or any progress reports on, interim and final requirements contained in
				any compliance schedule of this permit shall be submitted no later than thirty
				days following each schedule date.
4. The storage operator shall file with the
				commission quarterly, or more frequently if the commission requires, a report
				on the volume of carbon dioxide injected into or withdrawn since the last
				report, the average injection rate, average composition of the carbon dioxide
				stream, wellhead and downhole temperature and pressure data or calculations, or
				other pertinent operational parameters as required by the commission.
5. The storage operator shall submit all
				required reports, submittals, and notification under chapter 43-05-01 to the
				United States environmental protection agency in an electronic format approved
				by that agency.
6. The quarterly
				report is due thirty days after the end of the quarter. The report must:
a. Describe any changes to the physical,
				chemical, and other relevant characteristics of the carbon dioxide stream from
				the proposed operating data;
b.
				State the monthly average, maximum, and minimum values for injection pressure,
				flow rate and volume, and annular pressure;
c. Describe any event that exceeds operating
				parameters for annulus pressure or injection pressure specified in the
				permit;
d. Describe any event which
				triggers a shutoff device required pursuant to subsection 5 of section
				43-05-01-11.3 and the response
				taken;
e. State the monthly volume
				and mass of the carbon dioxide stream injected over the reporting period and
				the volume injected cumulatively over the life of the project to
				date;
f. State the monthly annulus
				fluid volume added; and
g. State
				the results of monitoring prescribed under section
				43-05-01-11.4.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-18.1 - Abandonment of wells

Current through Supplement No. 393, July, 2024
1. The removal of injection equipment or the
				failure to operate an injection well for one year constitutes abandonment of
				the well. An abandoned well must be plugged in accordance with the plugging
				plan and its site must be reclaimed.
2. The commission may waive for one year the
				requirement to plug and reclaim an abandoned well by giving the well
				temporarily abandoned status. This status may only be given to wells that are
				to be used for purposes related to the geologic storage of carbon dioxide. If a
				well is given temporarily abandoned status, the well's perforations must be
				isolated, the integrity of its casing must be proven, and its casing must be
				sealed at the surface, all in a manner approved by the commission. The
				commission may extend a well's temporarily abandoned status beyond one year. A
				fee of one hundred dollars shall be submitted for each application to extend
				the temporary abandonment status of any well.
3. In addition to the waiver in subsection 2,
				the commission may also waive the duty to plug and reclaim an abandoned well
				for any other good cause found by the commission. If the commission exercises
				this discretion, the commission shall set a date or circumstance upon which the
				waiver expires.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 38-22
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-19 - Postinjection site care and facility closure

Current through Supplement No. 393, July, 2024
The storage operator shall submit and maintain the
				  postinjection site care and facility closure plan as a part of the storage
				  facility permit application to be approved by the commission. The requirement
				  to maintain and implement a commission-approved plan is directly enforceable
				  regardless of whether the requirement is a condition of the permit.
1. The postinjection site care and facility
				closure plan must include the following information:
a. The pressure differential between
				preinjection and predicted postinjection pressures in the injection
				zone;
b. The predicted position of
				the carbon dioxide plume and associated pressure front at cessation of
				injection as demonstrated in the area of review evaluation;
c. A description of postinjection monitoring
				location, methods, and proposed frequency;
d. A schedule for submitting postinjection
				site care monitoring results to the commission; and
e. The duration of the postinjection site
				care monitoring timeframe that ensures nonendangerment of underground sources
				of drinking water.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-05 - Geologic Storage of Carbon Dioxide › Chapter 43-05-01 - Geologic Storage of Carbon Dioxide › Section 43-05-01-20 - Determining storage amounts

Current through Supplement No. 393, July, 2024
1. Upon application by an enhanced oil or gas
				recovery unit operator or a storage operator, the commission, after notice and
				hearing, shall issue an order determining the amount of injected carbon dioxide
				stored in a reservoir that has been or is being used for an enhanced oil or gas
				recovery project or in a storage reservoir that has been or is being used for
				storage under a permit issued pursuant to North Dakota Century Code chapter
				38-22.
2. The applicant shall pay a
				processing fee for a storage amount determination.
The applicant shall pay a processing fee based on the
				  commission's actual processing costs, including computer data processing costs,
				  as determined by the commission. The following procedures and criteria will be
				  utilized in establishing the fee:
a. A
				record of all application processing costs incurred must be maintained by the
				commission.
b. Promptly after
				receiving an application, the commission shall prepare and submit to the
				applicant an estimate of the processing fee.
c. After the commission's work on the
				application has concluded, a final statement will be sent to the applicant. The
				full processing fee must be paid before the commission issues its decision on
				the application.
d. The applicant
				must pay the processing fee even if the application is denied or
				withdrawn.
North Dakota Administrative Code › Title 44 - Institutions, Director of

Current through Supplement No. 393, July, 2024
The Director of Institutions is not an administrative agency as
		  defined by North Dakota Century Code section   28-32-01. Therefore, the director
		  is not subject to the Administrative Agencies Practice Act (North Dakota
		  Century Code chapter   28-32) and any rules the director may have adopted are not
		  published in the North Dakota Administrative Code.
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-01 - General Administration › Chapter 45-01-01 - Organization of Department › Section 45-01-01-01 - Organization of insurance department

Current through Supplement No. 393, July, 2024
1.
History and functions
. Section 12 of article V of the Constitution
				of North Dakota provides for the office of insurance commissioner. North Dakota
				Century Code title 26.1 contains statutes pertaining to the commissioner and
				the department. Besides administering and regulating all matters pertaining to
				insurance, the commissioner manages the state bonding fund, administers the
				state fire and tornado fund, and manages the state fire marshal.
2.
State fire marshal.
The state
				fire marshal is appointed by the insurance commissioner and supervises the
				operation of the fire marshal division. The division is responsible for
				enforcing state laws for prevention of fires; coordinating resources for large
				rural wild-land fires; storage, sale, and use of combustibles and explosives;
				installation and maintenance of fire alarms and fire extinguishing equipment;
				adequacy of exits from public buildings; investigation of arson and the cause
				and origin of fires and education on hazards of fire. The division also has
				responsibility for the state's emergency response to hazardous materials
				incidents and hazardous materials training.
3.
Inquiries.
Inquiries
				regarding the insurance department may be addressed to the commissioner:
Commissioner
Insurance Department
600 East Boulevard Avenue
Bismarck, North Dakota 58505
General Authority:
NDCC 28-32-02.1
Law Implemented:
NDCC
					 28-32-02.1
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-01 - Definitions

Current through Supplement No. 393, July, 2024
Unless otherwise defined, or made inappropriate by context,
				  all words used in this chapter have meaning as given them under North Dakota
				  Century Code chapter 26.1-26. "Department" means North Dakota insurance
				  department.
General Authority: NDCC 26.1-26-49
Law Implemented: NDCC
					 26.1-26-02
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-02 - Applications for licenses

Current through Supplement No. 393, July, 2024
1.
Resident insurance producers' applications.
a. A complete application must be completed
				in accordance with the instruction sheet and submitted either electronically or
				with a paper filing on a commissioner-approved application form.
b. An applicant licensed in another state
				within the preceding ninety days who moves to this state must provide, with the
				application, proof of clearance from the state in which the insurance producer
				is currently or was most recently licensed as a resident insurance
				producer.
c. An application form is
				required to add an additional line of insurance.
d. Every application submitted to the
				department through either a paper or electronic filing must be accompanied by
				the appropriate fee made payable to either the commissioner or the
				commissioner's designee.
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-03 - Examination for licensure

Current through Supplement No. 393, July, 2024
1. An
				applicant must qualify for a line of authority by passing the examination as
				provided in this chapter.
2. The
				examination is administered under a contract with a testing service.
3. An applicant must present a photo
				identification card at the test center prior to being admitted for testing.
4. An examination score is valid
				for one year after the date of the examination for a license applicant who has
				not completed the application process and who has not obtained licensure. After
				one year from the date of the examination, an applicant must retake the
				required examination.
5. An
				examination is valid for as long as a person continuously holds a valid
				insurance producer's license issued by the North Dakota insurance department
				and for twelve months following cancellation of a license, with the exception
				that an examination ceases to be valid immediately upon the suspension or
				revocation of the license unless the order of suspension or revocation
				specifies otherwise.
General Authority: NDCC 26.1-26-49
Law Implemented: NDCC 26.1-26-14,
					 26.1-26-27
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-04 - Specific examination requirements

Current through Supplement No. 393, July, 2024
1.
				An applicant applying to conduct insurance in the following lines must pass the
				following examinations:
a.
Life and annuity
Life and annuity
b.
Accident and health
Accident and health
c.
Property
Property
d.
Casualty
Casualty
e.
Variable life and annuity
Life and annuity
2. An
				applicant applying for a license for title insurance is exempt from any
				examination requirement but must meet the following qualifications:
a. The applicant must be a licensed
				abstracter or attorney; or
b. The
				applicant must have a minimum of eighty hours of training provided by an
				insurer licensed in the line of title insurance. A certification by the insurer
				that the training has been completed must accompany the application.
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-05 - Effective date of insurance producer license - New line

Current through Supplement No. 393, July, 2024
1. An applicant who has filed a completed
				application for an insurance producer's license with the insurance department
				may first transact business under that license effective the date the
				applicant's application is approved by the insurance department.
2. An insurance producer who is adding a new
				line of insurance may first transact business in that new line effective the
				date the application is approved by the insurance department.
General Authority: NDCC 26.1-26-49
Law Implemented: NDCC 26.1-26-08, 26.1-26-12, 26.1-26-13,
					 26.1-26-32
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-05.1 - Biennial license continuation

Current through Supplement No. 393, July, 2024
On or before the last day of the month of the licensee's
				  birthday following the two-year anniversary of the issuance of a license by the
				  commissioner and every two years thereafter, an individual insurance producer
				  shall submit an application for license continuation. Applications must be
				  accompanied by the biennial continuation fee of twenty-five dollars. Resident
				  insurance producers must have on file with the commissioner proof of compliance
				  with continuing education requirements before submitting the application.
				  Nonresident insurance producers must have satisfied the producer's home state's
				  insurance continuing education requirements and be in good standing in the
				  producer's home state before submitting the continuation application.
General Authority: NDCC 26.1-26-49
Law Implemented: NDCC
					 26.1-26-13.4
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-05.2 - Cancellation of license

Current through Supplement No. 393, July, 2024
The license of an insurance producer who fails to complete
				  the biennial continuation and pay the twenty-five dollar continuation fee will
				  be canceled.
General Authority: NDCC 26.1-26-49
Law Implemented: NDCC 26.1-26-13.4,
					 26.1-26-31
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-06 - Appointment and termination procedures

Current through Supplement No. 393, July, 2024
1.
				The appointment or termination of an insurance producer must be filed with the
				department on either a form prescribed by the commissioner or electronically
				through the national association of insurance commissioners' subsidiary. The
				insurer shall pay an appointment fee for each insurance producer appointed
				pursuant to North Dakota Century Code section 26.1-01-07.
2. An insurer shall file with the department
				a notice of appointment within thirty days from the later of the date the
				agency contract is executed or the first insurance application is submitted to
				the insurer. The date of the appointment must include the month, day, and year.
3. An insurer shall file the
				notice of termination of its agency relationship with an insurance producer
				within thirty days following the effective date of the termination.
				Terminations for cause shall be submitted to the department in accordance with
				the requirements of North Dakota Century Code section 26.1-26-34. The insurer
				is responsible for notifying the insurance producer of the termination in
				accordance with North Dakota Century Code section 26.1-26-34.
4. Failure to timely file appointment or
				termination notifications may subject an insurer to sanctions under North
				Dakota Century Code title 26.1.
General Authority: NDCC 26.1-26-49
Law Implemented: NDCC 26.1-26-08, 26.1-26-12, 26.1-26-13,
					 26.1-26-31, 26.1-26-32
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-07 - Renewal procedure for appointments

Current through Supplement No. 393, July, 2024
1.
				On or before December first of each year, a preliminary renewal list of the
				insurance producers appointed by that company, together with an instruction
				letter, will be furnished by the department to each company.
2. On or before March fifteenth of each year,
				an electronic renewal invoice will be made available through the national
				association of insurance commissioners' subsidiary to all companies with active
				appointments.
3. The insurer shall
				pay the appropriate fee for all appointments on the renewal invoice prior to
				May first.
General Authority: NDCC 26.1-26-49
Law Implemented: NDCC 26.1-26-08,
					 26.1-26-32
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-07.1 - License lapse [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-08 - Agent - Sharing commission [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-09 - Insurance consultant - Agreement

Current through Supplement No. 393, July, 2024
In advance of rendering any service as a consultant, such
				  consultant shall prepare a form of written agreement which shall substantially
				  comply with the model form available on request from the insurance department.
				  The form prepared by the consultant shall be submitted to the department for
				  the commissioner's approval or disapproval. If the commissioner disapproves the
				  form, the consultant shall not use the form so disapproved.
In advance of rendering any service as a consultant, a
				  written agreement on the form which has been approved by the department shall
				  be signed by both consultant and client. The consultant shall retain a copy of
				  the agreement for not less than two years after completion of the services. A
				  copy of the agreement shall be available to the department upon request.
General Authority: NDCC 26.1-26-49
Law Implemented: NDCC 26.1-26-03, 26.1-26-10,
					 26.1-26-35
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-10 - Insurance producer and surplus lines insurance producer acting as consultant

Current through Supplement No. 393, July, 2024
Although licensed insurance producers or surplus lines
				  insurance producers are exempt from licensing as consultants and are
				  specifically prohibited from concurrently holding a consultant's license and a
				  license as an insurance producer or surplus lines insurance producer in any
				  line, licensed insurance producers or surplus lines insurance producers may
				  perform consulting services in the ordinary course of their businesses.
				  However, if licensed insurance producers or surplus lines insurance producers
				  charge a fee, or receive any type of remuneration, for rendering such
				  consulting service, they shall comply with the provisions and requirements of a
				  consultant's agreement set forth in section
				  45-02-02-09.
General Authority: NDCC 26.1-26-49
Law Implemented: NDCC
					 26.1-26-35
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-11 - Insurance producers selling variable life and annuity contracts

Current through Supplement No. 393, July, 2024
In addition to the requirements set forth in section
				  45-02-02-03, an applicant for a
				  license to do business in the variable life and annuity line must first become
				  licensed as a securities salesman under North Dakota law.
General Authority: NDCC 26.1-26-49
Law Implemented: NDCC
					 26.1-26-11
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-12 - Administrative cancellations

Current through Supplement No. 393, July, 2024
1. An
				insurance producer may cancel one's North Dakota insurance license voluntarily
				and have a letter of clearance issued by filing a written request with the
				department.
2. The insurance
				producer must return the licenses to the department.
3. The insurance producer is responsible for
				notifying the appointing companies of the cancellation.
4. A surplus lines insurance producer or
				consultant may cancel one's license voluntarily and have a letter of clearance
				issued by the department upon receipt of a written request from the
				licenseholder.
General Authority:
NDCC 26.1-26-49
Law Implemented:
NDCC
					 26.1-26-31
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-13 - Change of address

Current through Supplement No. 393, July, 2024
The change of address required by North Dakota Century Code
				  section 26.1 -26-33 must be provided to the department electronically or on a
				  letter or form separate from the application or appointment forms and submitted
				  solely for that purpose.
General Authority: NDCC 26.1-26-49
Law Implemented: NDCC
					 26.1-26-33
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-14 - Excessive or unnecessary coverage

Current through Supplement No. 393, July, 2024
1.
When presumed a violation.
An insurance producer is presumed to
				have violated subsection 8 of North Dakota Century Code section 26.1-26-42 when
				the insurance producer knowingly solicits, procures, or sells a medicare
				supplement policy containing both A and B coverage to any person who has such a
				medicare supplement policy in force unless the insured is informed by the
				insurance producer and understands there is to be a replacement of the existing
				policy and there is an indication in writing or on the face of the application
				that the new policy is intended to replace the existing policy. It is not
				presumed to be a violation to solicit and sell a second policy which provides
				only B coverage. A violation may occur in other situations where there is the
				sale or solicitation of unnecessary or excessive coverage, even though no
				presumption has been established under this section.
2.
Suitability.
In recommending
				the purchase of any accident and health, health service, life, annuity, or
				nursing home policy to any consumer over age sixty-five, or medicare supplement
				policy to any consumer, an insurance producer shall have reasonable grounds at
				the time of sale for believing that the recommendation is suitable for the
				consumer and shall make reasonable inquiries to determine suitability. The
				suitability of a recommended purchase of insurance will be determined by
				examination of the totality of the particular consumer's circumstances,
				including, but not limited to, the following:
a. The consumer's income and assets;
b. The consumer's need for
				insurance at the time of sale; and
c. The values, benefits, and costs of the
				consumer's existing insurance program, if any, when compared to the values,
				benefits, and costs of the recommended policy or policies.
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-14.1 - Client loans to licensed producers and consultants prohibited - Exceptions

Current through Supplement No. 393, July, 2024
A licensed insurance producer or consultant may not solicit
				  or accept a loan from an individual with whom the insurance producer or
				  consultant came into contact in the course of the person's insurance business,
				  or sold an insurance policy to, within the past ten years. This does not
				  prohibit a licensed insurance producer or consultant from accepting loans from
				  financial institutions; immediate family members, which shall mean only a
				  spouse, parents, siblings, and children; or other loans upon the prior written
				  approval of the insurance commissioner.
General Authority: NDCC 26.1-25-49
Law Implemented: NDCC
					 26.1-26-42(6)
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-14.2 - Insurance producer indebtedness to companies

Current through Supplement No. 393, July, 2024
An insurance producer who is personally liable and indebted
				  to an insurance company for the payment of commissions, premiums, or other
				  debts incurred in the insurance producer's insurance business with the company
				  and who fails to timely pay that debt is financially irresponsible within the
				  meaning of subsection 6 of North Dakota Century Code section 26.1-26-42. A
				  civil judgment entered against an insurance producer in favor of an insurance
				  company for the collection of such a debt creates a presumption that subsection
				  6 of North Dakota Century Code section 26.1-26-42 has been violated.
General Authority: NDCC 26.1-25-49
Law Implemented: NDCC
					 26.1-26-42(6)
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-15 - Proceedings, hearings, and appeals

Current through Supplement No. 393, July, 2024
All proceedings, hearings, and appeals under this chapter
				  and North Dakota Century Code chapter 26.1-26 are governed by North Dakota
				  Century Code chapter 28-32.
General Authority: NDCC 26.1-26-49
Law Implemented: NDCC
					 26.1-01-08
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-02 - Regulation of Insurance Producers, Consultants, and Administrators › Chapter 45-02-02 - Licensing of Insurance Producers, Surplus Lines Insurance Producers, and Consultants › Section 45-02-02-16 - Notification of criminal convictions and administrative actions - Duty of licensee [Repealed]

Current through Supplement No. 393, July, 2024