reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-03 - Standards › Section 69-10-03-01 - National institute of standards and technology (NIST) Handbook No. 44

Current through Supplement No. 393, July, 2024
Except as modified in this article, the specifications,
				  tolerances, tests, and other technical requirements for commercial weighing and
				  measuring devices in North Dakota must conform to the following sections and
				  subsections of the 2020 edition of the United States department of commerce,
				  NIST Handbook No. 44, which is adopted by reference: all of section 1, section
				  2 (except subsection 2.245), all of section 3 (except subsections 3.34, 3.36,
				  3.38, and 3.39). In the event of a conflict between the NIST Handbook No. 44
				  and North Dakota laws and rules, North Dakota laws and rules shall prevail.
				  Copies of the handbook may be obtained from:
Public Service Commission
600 East Boulevard Avenue, Dept. 408
Bismarck, ND 58505-0480
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC
					 64-02-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-03 - Standards › Section 69-10-03-01.1 - National institute of standards and technology (NIST) Handbook No. 44

Current through Supplement No. 393, July, 2024
National type evaluation program certification is required
				  for design, sale, installation, operation, and certification of a commercial
				  weighing and measuring device. A commercial weighing and measuring device used
				  in commerce prior to January 1, 2021, is exempt from national type evaluation
				  program requirements provided the device is certified in accordance with
				  section
				  69-10-01-02.3.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC
					 64-02-02
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-03 - Standards › Section 69-10-03-01.2 - National institute of standards and technology (NIST) Handbook No. 105-1 - Specifications and tolerances for reference standards and field standard weights and measures - Specifications and tolerances for class F field standard weights

Current through Supplement No. 393, July, 2024
The specifications, tolerances, and other technical
				  requirements for reference standards and field standards used for testing
				  commercial weighing and measuring devices in North Dakota must conform to the
				  sections and subsections of the 2019 edition of the United States department of
				  commerce, NIST Handbook No. 105-1, which is adopted by reference. In the event
				  of a conflict, North Dakota laws and other administrative rules shall prevail.
				  Copies of the handbook may be obtained from:
Public Service Commission
600 East Boulevard Avenue, Dept. 408
Bismarck, ND 58505-0480
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC
					 64-02-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-03 - Standards › Section 69-10-03-01.3 - National institute of standards and technology (NIST) Handbook No. 105-3 - Specifications and tolerances for reference standards and field standard weights and measures - Specifications and tolerances for graduated neck-type volumetric field standards

Current through Supplement No. 393, July, 2024
The specifications, tolerances, and other technical
				  requirements for reference standards and field standards used for testing
				  commercial measuring devices in North Dakota must conform to the sections and
				  subsections of the 2010 edition of the United States department of commerce,
				  NIST Handbook No. 105-3, which is adopted by reference. In the event of a
				  conflict, North Dakota laws and other administrative rules shall prevail.
				  Copies of the handbook may be obtained from:
Public Service Commission
600 East Boulevard Avenue, Dept. 408
Bismarck, ND 58505-0480
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC
					 64-02-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-03 - Standards › Section 69-10-03-01.4 - National institute of standards and technology (NIST) Handbook No. 105-4 - Specifications and tolerances for reference standards and field standard weights and measures - Specifications and tolerances for liquefied petroleum gas and anhydrous ammonia liquid volumetric provers

Current through Supplement No. 393, July, 2024
The specifications, tolerances, and other technical
				  requirements for reference standards and field standards used for testing
				  commercial liquefied petroleum gas and anhydrous ammonia liquid measuring
				  devices in North Dakota must conform to the sections and subsections of the
				  2016 edition of the United States department of commerce, NIST Handbook No.
				  105-4, which is adopted by reference. In the event of a conflict, North Dakota
				  laws and other administrative rules shall prevail. Copies of the handbook may
				  be obtained from:
Public Service Commission
600 East Boulevard Avenue, Dept. 408
Bismarck, ND 58505-0480
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC
					 64-02-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-03 - Standards › Section 69-10-03-01.5 - National institute of standards and technology (NIST) Handbook No. 105-2 - Specifications and tolerances for reference standards and field standard weights and measures - Specifications and tolerances for field standard measuring flasks

Current through Supplement No. 393, July, 2024
The specifications, tolerances, and other technical
				  requirements for reference standards and field standards used for testing
				  commercial manufacturers and distributors of liquid products, research and
				  testing laboratories, and others concerned with accurate measurements of the
				  volume of liquids in North Dakota must conform to the sections and subsections
				  of the 1996 edition of the United States department of commerce, NIST Handbook
				  No. 105-2, which is adopted by reference. In the event of a conflict, North
				  Dakota laws and other administrative rules shall prevail. Copies of the
				  handbook may be obtained from:
Public Service Commission
600 East Boulevard Avenue, Dept. 408
Bismarck, ND 58505-0480
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC
					 64-02-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-03 - Standards › Section 69-10-03-01.6 - National institute of standards and technology (NIST) Handbook No. 105-7 - Specifications and tolerances for reference standards and field standard weights and measures - Specifications and tolerances for dynamic small-volume provers

Current through Supplement No. 393, July, 2024
The specifications, tolerances, and other technical
				  requirements for reference standards and field standards used for testing or
				  verification of commercial liquid measurement devices in an operational line
				  for compliance with the requirements of commercial device requirements without
				  interrupting normal process flow in North Dakota must conform to the sections
				  and subsections of the 1997 edition of the United States department of
				  commerce, NIST Handbook No. 105-7, which is adopted by reference. In the event
				  of a conflict, North Dakota laws and other administrative rules shall prevail.
				  Copies of the handbook may be obtained from:
Public Service Commission
600 East Boulevard Avenue, Dept. 408
Bismarck, ND 58505-0480
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC
					 64-02-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-03 - Standards › Section 69-10-03-01.7 - National institute of standards and technology (NIST) Handbook No. 105-8 - Specifications and tolerances for reference standards and field standard weights and measures - Specifications and tolerances for field standard weight carts

Current through Supplement No. 393, July, 2024
The specifications, tolerances, and other technical
				  requirements for reference standards and field standard weight carts used for
				  testing commercial weighing devices in North Dakota must conform to the
				  sections and subsections of the 2019 edition of the United States department of
				  commerce, NIST Handbook No. 105-8, which is adopted by reference. In the event
				  of a conflict, North Dakota laws and other administrative rules shall prevail.
				  Copies of the handbook may be obtained from:
Public Service Commission
600 East Boulevard Avenue, Dept. 408
Bismarck, ND 58505-0480
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC
					 64-02-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-03 - Standards › Section 69-10-03-02 - Adequate standards

Current through Supplement No. 393, July, 2024
A standard used to certify any commercial weighing and
				  measuring device must be annually certified as traceable by an NIST-recognized
				  metrology laboratory. The commission may extend the recertification interval an
				  additional ninety days provided that the request is made thirty days before the
				  certification expires.
A current legible copy of the certificate of traceability
				  must be maintained with the commission.
Annual recertification is subject to the following exceptions
				  and conditions:
1. Standards integral
				to and used for recertification of a commercial automatic bulk-weighing system
				must be certified traceable by an NIST-recognized laboratory at least once
				every five years.
2. Volumetric
				graduated neck and dynamic small volume provers used to certify commercial
				loading-rack, processing plant, or refinery meters used for petroleum-based
				products must be certified traceable by an NIST-recognized laboratory at least
				once every three years.
3. Unless
				otherwise approved by the commission, the operator of a coal belt conveyor
				scale jurisdictional to the commission must conduct a material load test at
				least once every two years provided that electronic or other simulated load
				testing is done at least once every three months.
4. A master meter may not be used as a
				standard to certify commercial liquid petroleum gas devices.
5. Notwithstanding the other provisions of
				this section, the commission may require recertification of any standard if
				upon inspection the physical condition of a standard indicates a need for
				recertification.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-03 - Standards › Section 69-10-03-08 - Rejection of standards

Current through Supplement No. 393, July, 2024
Standards rejected by a NIST-recognized laboratory must be
				  removed from service as follows:
1. A
				standard that has been rejected must be conspicuously marked by sealing,
				tagging, or painting as appropriate to that standard.
2. A rejected standard may not be used to
				test and certify a commercial weighing and measuring device. The use of a
				rejected standard may result in commission enforcement action.
3. A standard not meeting appropriate design
				criteria may be allowed to remain in service for a limited time, provided a
				variance permit is obtained from the commission prior to certification or
				recertification.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-04 - Service Registration › Section 69-10-04-01 - Registered service persons - Privileges and responsibilities

Current through Supplement No. 393, July, 2024
A registered service person has the authority to remove an
				  official rejection seal, equipment repair notice tag, noncommercial device
				  seal, device certification seal, or other mark placed on a weighing or
				  measuring device by the authority of the commission. Furthermore, a registered
				  service person has the authority to certify weighing or measuring devices
				  described in North Dakota Century Code section 64-02-13.
A registered service person is responsible for installing,
				  repairing, and adjusting devices such that the devices are adjusted as closely
				  as practicable to zero error.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC
					 64-02-02
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-04 - Service Registration › Section 69-10-04-01.1 - Registered service companies - Privileges and responsibilities

Current through Supplement No. 393, July, 2024
A registered service company has the authority to maintain
				  state-certified field standards and to employ a registered service person to
				  design, install, and repair a commercial weighing or measuring device as
				  described in North Dakota Century Code section 64-02-13.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC
					 64-02-02
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-04 - Service Registration › Section 69-10-04-02 - Application for registration and permitting of a service person

Current through Supplement No. 393, July, 2024
An applicant must be employed by a currently permitted
				  registered serviced company to be eligible for permitting as a registered
				  service person. Annual application for registration as a registered service
				  person must be submitted to the commission under the following
				  requirements:
1. A first-time
				applicant or an applicant whose permit has been expired more than two years
				shall:
a. Submit a complete application for
				registration as a registered service person on the form prescribed by the
				commission. The form must include certification that the applicant is fully
				qualified to install, service, repair, recondition, test, and certify the
				device types for which permitting is being requested;
b. Provide a history of education or work
				experience to show that the applicant is fully qualified to install, service,
				repair, recondition, test, and certify a commercial weighing or measuring
				device on the form provided by the commission. Applicants may only qualify to
				test devices for which they have met the education and work history
				requirements. Education and work history requirements include:
(1) Sixty days of on the job training
				directly related to the installation, maintenance, repair, and calibration of
				all device types the applicant will be certifying or placing into service;
				or
(2) Satisfactorily completed a
				manufacturer's in-depth training course covering the installation, maintenance,
				repair, and calibration of each device type the applicant will be certifying or
				placing into service. Proof of course completion is required; or
(3) Holding a certification from another
				state as a registered service person, for at least sixty days, with authority
				to certify or place weighing or measuring devices into service. Proof of
				current certification must be provided.
c. Complete written tests that must be taken
				at a location and time designated by the commission, and must be administered
				as follows:
(1) The written test will be open
				book, with eighty percent as the minimum passing score. The test material will
				cover the applicable sections of the adopted edition of NIST Handbook No. 44,
				North Dakota Century Code title 64, and North Dakota Administrative Code
				article 69-10; and
(2) In the case of a test failure, an
				applicant may retake the tests after a review period of ten working
				days.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-04 - Service Registration › Section 69-10-04-02.1 - Self-certification

Current through Supplement No. 393, July, 2024
Self-certification to repair, test, and certify an operator's
				  own commercial weighing and measuring devices is permitted only as provided in
				  this section:
1. Only hazardous liquid
				pipeline operators, natural gas pipeline operators, and
				manufacturing-processing operators may self-certify;
2. Applications must be submitted to the
				commission in writing;
3.
				Commission approval is required annually; and
4. Applications must address the following
				conditions:
a. The person doing the
				self-certification must be registered with the commission under section
				69-10-04-02.
b. Upon testing, the device must
				be within commission-approved tolerance.
c. Whenever a weighing or measuring device is
				recertified, the person or company recertifying that device shall, within seven
				working days, report the recertification to the commission. The report must
				clearly identify each device, the initial test results recorded during
				self-certification, and the test results upon recertification.
d. A weights and measures inspector may
				randomly recertify any self-certified weighing or measuring device either by
				performing a test or by witnessing a test performed by a self-certified service
				person.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-04 - Service Registration › Section 69-10-04-02.2 - Application for registration of a service company

Current through Supplement No. 393, July, 2024
1. An annual application for registration as
				a registered service company must be filed with the commission prior to
				conducting any service work on commercial weighing or measuring devices and
				must include:
a. Acceptable evidence that all
				of the service standards used to test and approve commercial weighing or
				measuring devices have been certified under section
				69-10-03-02;
b. A copy of the company's standardized
				report form as required by section
				69-10-04-05;
c. A sample of the company's
				"tested and approved" sticker and internal seals, certification seal, and
				security seals, as required by section
				69-10-01-03;
				and
d. An application for
				registration.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-04 - Service Registration › Section 69-10-04-02.3 - Placing in service permits

Current through Supplement No. 393, July, 2024
Upon acceptance and approval of an application, the
				  commission shall issue a placing in service permit to the registered service
				  person. All permits issued under this section remain the property of the
				  commission and must be surrendered upon demand. Permits issued will be either
				  probationary or annual as defined in this section. Permits must be carried at
				  all times while conducting weighting or measuring device servicing or
				  certification and must be produced upon request.
1.
Probationary permits.
a. An annual permitholder's permit may be
				downgraded to probationary for not performing proper tests and inspections or
				other violations deemed relevant by the commission;
b. The duration of the probationary permit
				will be at the discretion of the commission but will not exceed six months from
				the effective date ; and
c. A
				probationary permitholder shall be accompanied by, and have each placing in
				service test report cosigned by, an annual permitholder from the same service
				company and qualified in the same weighing or measuring device category in
				order for the test report or the placing in service to be considered
				valid.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-04 - Service Registration › Section 69-10-04-03 - Revocation of permit - Service company and service person

Current through Supplement No. 393, July, 2024
The commission may, for good cause, suspend or revoke a
				  registered service person's permit or a registered service company's permit. A
				  person or a company not registered with the commission but qualified to install
				  a commercial weighing or measuring device may install but may not place in
				  service, service, repair, or recondition a commercial weighing or measuring
				  device without a variance permit from the commission.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC
					 64-02-02
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-04 - Service Registration › Section 69-10-04-04 - Reports

Current through Supplement No. 393, July, 2024
A registered service person must, within seven working days,
				  send a test report on all commercial weighing or measuring devices certified,
				  recertified, serviced, or inspected and tested by the person to the commission,
				  and shall furnish a copy of the test report to the owner or operator of the
				  device.
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-04 - Service Registration › Section 69-10-04-05 - Standardized report forms

Current through Supplement No. 393, July, 2024
All test report forms filed with the commission must be in a
				  commission-approved format. Failure to file a test report in a
				  commission-approved format may result in the rejection of the report.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-04 - Service Registration › Section 69-10-04-06 - Quality assurance - Evaluation

Current through Supplement No. 393, July, 2024
1.
				The commission may evaluate the work performed by a registered service person
				to ensure that the person is performing proper inspections and tests. The
				evaluation method may be by direct observation or by reinspection of a device
				previously placed or recertified by a registered service person. The commission
				may consider the following criteria during the evaluation:
a. The results of previous quality assurance
				inspections;
b. Complaints filed
				against a registered service person, and whether those complaints are valid;
				and
c. Other factors deemed
				relevant by the commission.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-04 - Service Registration › Section 69-10-04-06.2

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-04 - Service Registration › Section 69-10-04-06.3 - Quality control assurance - Failures

Current through Supplement No. 393, July, 2024
A quality assurance evaluation test report that discloses a
				  failure must include any alleged violations of North Dakota Century Code title
				  64, North Dakota Administrative Code title 69, and any applicable sections of
				  the NIST Handbook No. 44, as adopted by reference in section
				  69-10-03-01.
				  If a registered service person fails three quality assurance inspections within
				  a twelve-month period, the commission may:
1. Issue a written warning requiring remedial
				action within thirty days from the date of the warning;
2. Require that the registered service person
				retake the written tests required for licensing under section
				69-10-04-02;
3. Reduce the registered service
				person's permit status to probationary for up to six months;
4. Suspend the registered service person's
				permit and assess a civil penalty; or
5. Other actions deemed suitable by the
				commission.
The results of any quality assurance failures and associated
				  enforcement actions may be sent to the registered service person's employer and
				  to the owner or operator of the affected device.
A quality assurance evaluation report and a record of any
				  associated enforcement action is filed as part of the overall quality assurance
				  profile of the affected registered service person and must remain part of that
				  profile for twelve months from the date of the failure.
General Authority:
NDCC 64-02-03
Law Implemented:
NDCC 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-10 - esting and Safety › Chapter 69-10-04 - Service Registration › Section 69-10-04-07 - Adequate field standard requirements - Exception

Current through Supplement No. 393, July, 2024
All state weights and measures inspectors and registered
				  service companies shall make available minimum test weights and test loads as
				  required by NIST Handbook No. 44, table 4, during tests of commercial weighing
				  devices. However, during highway load restrictions as announced by the North
				  Dakota department of transportation, shift tests, load-bearing tests, and
				  section tests required by section
				  69-10-02-21 and NIST Handbook No.
				  44, table 4, may be performed with a test load of ten thousand pounds [4535.9
				  kilograms].
General Authority: NDCC
					 64-02-03
Law Implemented: NDCC
					 64-02-02,
					 64-02-13
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-01 - Definitions › Section 69.5-01-01-01 - 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 53-06.2, except:
1. "Age" means the age of a horse and shall
				be reckoned from the first day of January of the year of foaling.
2. "Appaloosa" means a horse registered with
				the appaloosa horse club.
3.
				"Applicable horsemen's organization" means the jockey club with respect to
				thoroughbred horses, the American quarter horse association with respect to
				quarter horses, the United States trotting association with respect to
				standardbred horses, the appaloosa horse club with respect to appaloosa horses
				and the American paint horse association with respect to pinto and paint
				horses.
4. "Arabian" means a horse
				registered with the international Arabian horse association, the Arabian horse
				registry of America, Inc., or the Anglo-Arabian horse registry.
5. "Arrears" means all moneys owed by a
				licensee, including subscriptions, jockey fees, forfeitures, and any default
				incident to these rules.
6.
				"Association" means an individual or business entity holding:
a. A permit from the commission to conduct
				racing or pari-mutuel wagering, or both; and
b. An annual license authorizing the specific
				dates of the annual racing meeting.
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-02 - The Commission › Section 69.5-01-02-01 - General authority

Current through Supplement No. 393, July, 2024
1. The commission
				has the authority, upon its own action or upon referral from the stewards, to:
a. Charge any licensee or permittee for a
				violation of these rules or of the pari-mutuel horse racing laws of this
				state;
b. Conduct hearings and to
				impose fines and other penalties as provided by law and these rules;
				and
c. Suspend, revoke, or encumber
				through conditions of probation licenses or permits. The commission will
				include in its rulings against licensees the licensee's full name and date of
				birth.
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-02 - The Commission › Section 69.5-01-02-02 - Suspensions

Current through Supplement No. 393, July, 2024
1. When any license
				is suspended by the commission or by the racing regulatory agency of another
				state recognized by the commission, then the suspended licensee is prohibited
				from participating in any pari-mutuel activity regulated by the
				commission.
2. The suspension
				shall, in addition, render ineligible for entry or starting, every horse in
				which the suspended licensee has any ownership interest or trainer
				responsibility. Eligibility for affected horses in such cases may be restored
				by transfer of the suspended licensee's interest or responsibilities to another
				licensed person, if approved by the stewards of the meeting.
General Authority:
NDCC 53-06.2-04,
					 53-06.2-05, 53-06.2-10
Law Implemented:
NDCC 53-06.2-01, 53-06.2-04,
					 53-06.2-05, 53-06.2-10
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-02 - The Commission › Section 69.5-01-02-03 - Racing dates and permit

Current through Supplement No. 393, July, 2024
1. Racing
				dates must be granted by the commission. The application for racing dates and
				the application for a license to conduct a race meeting must be filed with the
				commission over the signature of an executive officer of each association and
				on a form approved and provided by the commission. All applications must be
				filed within the timeframe established by the commission and associations shall
				post bonds as required by the commission before a racing license may be
				issued.
2. The commission, after
				receiving an application, may request further information in writing from the
				applicant or may request a representative or representatives of an association
				to appear in person before the commission to supply any additional information
				that the commission may require. Licenses must be granted by the commission
				after the permittee has complied with all legal requirements.
General Authority: NDCC
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-10
Law Implemented: NDCC
					 53-06.2-01,
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-10
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-02 - The Commission › Section 69.5-01-02-04 - Commission stewards

Current through Supplement No. 393, July, 2024
The commission shall appoint two of the three stewards at
				  each horse racing meeting. One of the stewards appointed by the commission must
				  be the chief steward.
General Authority:
NDCC 53-06.2-04,
					 53-06.2-05, 53-06.2-10
Law Implemented:
NDCC 53-06.2-01, 53-06.2-04,
					 53-06.2-05, 53-06.2-10
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-02 - The Commission › Section 69.5-01-02-05 - Search and inspection

Current through Supplement No. 393, July, 2024
The commission, through its employees or agents, or through
				  employees of the association, so authorized by the commission, may search and
				  inspect for prohibited medication, drugs, drug paraphernalia, or any electrical
				  or mechanical equipment usable to affect the condition or racing condition of a
				  horse or any item prohibited by these rules, at any time without notice. Such
				  search and inspection may be made of the following:
1. Association stables, receiving barns, the
				paddock, jockeys' room, supply rooms, blacksmith, track, gate area, and similar
				service shops or any areas located within enclosure of the association grounds,
				including living quarters or private vehicles; and
2. The person, employee, or agent of any
				licensee while upon the association grounds in the prescribed areas described
				in subsection 1.
General Authority:
NDCC 53-06.2-04,
					 53-06.2-05, 53-06.2-10
Law Implemented:
NDCC 53-06.2-01, 53-06.2-04,
					 53-06.2-05, 53-06.2-10
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-02 - The Commission › Section 69.5-01-02-06 - Exclusion of patrons

Current through Supplement No. 393, July, 2024
1.
Offenses.
The commission may exclude from the licensed premises a
				patron who has been convicted of any of the offenses listed in this subsection,
				if the commission determines that the circumstances of the offense giving rise
				to the conviction make the patron's presence a hazard to the reputation and
				conduct of racing and pari-mutuel wagering, or may reasonably undermine the
				public confidence in the integrity of racing:
a. Offenses related to drugs or controlled
				substances;
b. Offenses related to
				arranging the outcome of a race, or to any fraud or deception while
				participating in racing or pari-mutuel wagering activities;
c. Offenses related to representations made
				about any horse, ownership interest in a horse, or lease or sale of any
				horse;
d. Any felony of which the
				patron has been convicted; or
e.
				Any offense related to gaming or gambling.
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-02 - The Commission › Section 69.5-01-02-07 - Commission veterinarian

Current through Supplement No. 393, July, 2024
1. The commission
				may employ or contract with a veterinarian or veterinarians who are authorized
				to:
a. Maintain and operate a barn for the
				detention and testing of horses after each race;
b. Collect specimens for analysis to
				determine the presence of prohibited substances in any entered horse;
c. Examine any horse entered in any race and,
				upon a determination of unfitness to run, may recommend to the stewards that
				they scratch the horse; and
d.
				Delegate the veterinarian's duties to the veterinarian appointed by the
				licensed association subject to the supervision of the commission veterinarian
				and the approval of the commission.
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-03 - Racing Officials › Section 69.5-01-03-01 - General description.

Current through Supplement No. 393, July, 2024
Every association conducting a race meeting shall appoint at
				  least the following officials:
1. At
				least one association steward, consisting of at least one of the members of a
				three-member board of stewards.
2.
				Association veterinarian who shall assist and be responsible to the commission
				veterinarian and whose appointment must be from a list approved by the
				commission veterinarian.
3.
				Auditor.
4. Clerk of
				scales.
5. Horse
				identifier.
6. Horsemen's
				bookkeeper.
7. Jockey room
				attendant, custodian, or valet.
8.
				Paddock judge.
9. Pari-mutuel
				manager.
10. Racing
				secretary.
11. Security
				manager.
12. Starter.
13. Timer.
14. Track manager.
15. Such other officials as the commission
				may from time to time require.
General Authority:
NDCC 53-06.2-04,
					 53-06.2-05, 53-06.2-10
Law Implemented:
NDCC 53-06.2-01, 53-06.2-04,
					 53-06.2-05, 53-06.2-10
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-03 - Racing Officials › Section 69.5-01-03-02 - Eligibility for officials

Current through Supplement No. 393, July, 2024
To qualify as a racing official the appointee must be
				  licensed by the commission after a determination that the proposed racing
				  official:
1. Is of good moral
				character and reputation;
2. Is
				experienced in horse racing;
3. Is
				familiar with the duties to which the racing official is appointed and with the
				commission's rules of horse racing;
4. Possesses the mental and physical capacity
				to perform the duties which the racing official is appointed to
				perform;
5. Possesses natural or
				correctable eyesight sufficient to perform the racing official's duties;
				and
6. Has not been convicted of a
				crime which the commission may determine has a direct bearing upon the racing
				official's ability to serve in the appointed capacity or if so convicted, that
				the official has been sufficiently rehabilitated.
General Authority:
NDCC 53-06.2-04,
					 53-06.2-05, 53-06.2-10
Law Implemented:
NDCC 53-06.2-01, 53-06.2-04,
					 53-06.2-05, 53-06.2-10
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-03 - Racing Officials › Section 69.5-01-03-03 - Official's prohibited activities

Current through Supplement No. 393, July, 2024
A racing official or the racing official's assistants listed
				  in section
				  69.5-01-03-01, while serving
				  during any meeting in such capacity, may not engage in any of the
				  following:
1. Participate in the sale,
				purchase, training, or ownership of any horse racing at the meeting;
2. Be involved in any way in the purchase or
				sale of any contract on any jockey racing at the meeting;
3. Sell or solicit horse insurance on any
				horse racing at the meeting or participate in any other business sales or
				solicitation not a part of the official's duties;
4. Directly or indirectly wager on the
				outcome of any race being run at the track or association grounds;
5. Directly or indirectly wager on any
				gambling game located on association grounds;
6. Accept or receive money or anything of
				value for such official's assistance in connection with such official's
				duties;
7. Act as a tout or provide
				information on a horse for betting purposes; or
8. Consume any alcoholic beverage or
				prohibited substance or refuse any breath test or to submit a urine, blood, or
				hair sample when directed by commission staff.
General Authority:
NDCC 53-06.2-04,
					 53-06.2-05, 53-06.2-10
Law Implemented:
NDCC 53-06.2-01, 53-06.2-04,
					 53-06.2-05, 53-06.2-10
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-03 - Racing Officials › Section 69.5-01-03-04 - Report of violations

Current through Supplement No. 393, July, 2024
Every racing official and such official's assistants are
				  responsible to report immediately to the stewards of the meeting every observed
				  violation of these rules and of the laws of this state which occur within such
				  official's or assistant's jurisdiction.
General Authority: NDCC
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-10
Law Implemented: NDCC
					 53-06.2-01,
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-10
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-03 - Racing Officials › Section 69.5-01-03-05 - Single official appointment

Current through Supplement No. 393, July, 2024
An official appointed to any meeting may not hold more than
				  one official position listed in section 69.5-01-0a.01 unless, in the
				  determination of the stewards or the commission, the holding of more than one
				  appointment would not subject the official to a conflict of the official's
				  interests and duties to the two appointments.
General Authority: NDCC
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-10
Law Implemented: NDCC
					 53-06.2-01,
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-10
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-03 - Racing Officials › Section 69.5-01-03-06 - Stewards - General authority

Current through Supplement No. 393, July, 2024
1. The stewards for
				each racing meeting are responsible to the commission for the conduct of the
				race meeting in accordance with the laws of this state and the rules adopted by
				the commission. The stewards only have authority to resolve conflicts or
				disputes between all other racing officials or licensees where the disputes are
				reasonably related to the conduct of each race, or races, and to punish
				violators of these rules in accordance with the provisions of these
				rules.
2. Should any steward be
				absent at race time, the other two stewards shall agree on the appointment of a
				deputy for the absent steward or if they are unable to agree on a deputy, then
				the racing secretary shall appoint a deputy for that race. If any deputy
				steward is appointed, the commission must be notified immediately by the
				stewards.
3. All three stewards
				must be present in the stands during the running of each race.
4. The period of authority for the
				association stewards commences upon issuance of their license by the commission
				and terminates thirty days after the final meet.
5. Stewards, from their own observations, may
				take notice of misconduct or rule violations and institute investigations and
				compliance of possible rules' violations.
6. Stewards may inspect at any time a license
				document or paper related to horse racing including, without limitation,
				partnership papers, jockey employment contracts, appointments of authorized
				agents or jockey agents, jockey agents' engagement records, and the adoption of
				colors.
General Authority:
NDCC 53-06.2-04,
					 53-06.2-05, 53-06.2-10
Law Implemented:
NDCC 53-06.2-01, 53-06.2-04,
					 53-06.2-05, 53-06.2-10
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-03 - Racing Officials › Section 69.5-01-03-07 - Stewards - Enforcement authority

Current through Supplement No. 393, July, 2024
1.
				Stewards shall enforce these rules and the racing laws of this state and have
				authority to charge any licensee for a violation of these rules and the laws of
				this state, to conduct hearings, and to recommend to the commission the
				imposition of administrative fees or suspensions within the limits and
				procedures of this section. The decision of the stewards as to the extent of a
				disqualification of any horse in any race is final for purposes of distribution
				of the pari-mutuel pool and purses.
2. Stewards may impose administrative fees of
				up to one thousand dollars for each offense or suspend occupational licenses
				for up to six months for each offense, or both such fee and suspension. Such
				action by the stewards does not bar the commission from imposing a more severe
				penalty if so required in the determination of the commission. However, the
				commission shall initiate no action increasing any steward's penalty after
				sixty days from the date of the stewards' action. The stewards, instead of
				taking action against a licensee, may refer any alleged violation to the
				commission for hearing and decision, but such referral to the commission by the
				stewards is not necessary as a condition to commission action against a
				licensee. In cases where fines or penalties alter the results of a race, the
				stewards shall re-award purses, prizes, awards, and trophies.
3. All fines imposed by the stewards upon a
				licensee must be paid by the licensee to the commission within forty-eight
				hours after imposition.
General Authority: NDCC
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-10
Law Implemented: NDCC
					 53-06.2-01,
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-10
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-03 - Racing Officials › Section 69.5-01-03-08 - Stewards' summary hearings

Current through Supplement No. 393, July, 2024
1.
Violations.
The stewards may take summary and immediate action
				when violations constitute an immediate danger to public health, safety, and
				welfare. If such action is taken prior to the summary hearing procedure in
				subsection 2, the affected licensee is entitled to a postsuspension hearing
				pursuant to such subdivision. The stewards may conduct summary proceedings for
				violations involving the following:
a. Horse
				riding.
b. The use of drugs and
				medication.
c. Possessing a device
				for the injection of prohibited substances in horses.
d. Suspensions under reciprocity agreements
				with other states.
e. Acts
				prohibited by any of the provisions of North Dakota Century Code chapter 12.1
				and any other criminal offenses prohibited by state law when by a preponderance
				of evidence, the stewards believe such offenses to have occurred.
f. Prearranging or attempting to prearrange
				the outcome of a race.
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-03 - Racing Officials › Section 69.5-01-03-09 - Appeals from stewards' hearings

Current through Supplement No. 393, July, 2024
1. Any licensee
				aggrieved by the imposition by the stewards of any fee or suspension may appeal
				to the commission. Appeals must be in writing and filed with the commission
				within fourteen days of the stewards' order. The stewards shall, in that event,
				forward to the commission their charges and evidence for an administrative
				hearing (de novo) by the commission upon all the evidence pursuant to North
				Dakota Century Code chapter 28-32. No appeal from a stewards' order to the
				commission shall stay or supersede the penalty imposed by the stewards unless
				the commission shall order, in writing, a stay of the penalty.
2. The stewards shall possess and may
				exercise emergency authority, as follows:
a.
				Substitute officials. When in an emergency any official is unable to discharge
				the official's duties, the stewards may approve the appointment of a
				substitute. The stewards shall report such appointment immediately to the
				commission.
b. Substitute jockeys.
				The stewards have the authority in an emergency to place a substitute jockey on
				any horse in the event the trainer does not do so. Before using such authority,
				the stewards shall attempt, in good faith, to contact the trainer to inform the
				trainer of the emergency and to afford the trainer the opportunity to appoint a
				substitute jockey. If the trainer cannot be contacted, or if the trainer is
				contacted but fails to appoint a substitute jockey and to inform the stewards
				by thirty minutes prior to post time, then the stewards may appoint under this
				rule.
c. Substitute trainer. The
				stewards have the authority, in an emergency, to designate a substitute trainer
				for any horse.
d. Excuse horse. In
				case of accident or injury to a horse or any other emergency deemed to exist by
				the stewards before the start of any race, the stewards may excuse the horse
				from starting.
e. Exercise
				authority. No licensee may exercise a horse on the track between races unless
				upon the approval of the stewards.