reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-11 - Evaluation of Bids or Proposals › Section 4-12-11-09 - Rejection of all bids or proposals

Current through Supplement No. 393, July, 2024
1.
				If it appears to be in the best interest of the state, all bids or proposals
				may be rejected and invitations for bid or requests for proposal containing the
				same or rewritten specifications, terms, and conditions may be reissued.
2. The procurement officer will
				send written notice to the bidders or offerors, including the reason all bids
				or proposals were rejected.
3. The
				rejected bids or proposals will be retained in the procurement file.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-12 - Contract Negotiations › Section 4-12-12-01 - General provisions for negotiations

Current through Supplement No. 393, July, 2024
1.
				Discussions may be conducted in connection with competitive sealed proposals,
				noncompetitive, or emergency procurements. This means an exchange of
				information or other manner of negotiation during which the offeror and the
				procurement officer may alter or otherwise change the conditions, terms, and
				price of the proposed contract.
2.
				Negotiation of proposals, noncompetitive, and emergency purchases provides the
				procurement officer an opportunity to make certain that the bidder or offeror
				fully understands the solicitation requirements and provides an opportunity to
				make clarifications, when necessary, to ensure responsiveness to the
				solicitation. Price discussions can best be conducted when there is a mutual
				understanding of the contractual requirements.
3. Clarifications are intended to promote
				exchanges between the procurement officer and an offeror that may occur when an
				award is contemplated without discussions, for example, to resolve minor or
				clerical errors or ambiguities in proposals.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-12 - Contract Negotiations › Section 4-12-12-02 - Ethical standards for negotiations

Current through Supplement No. 393, July, 2024
1.
				When discussions or negotiations are contemplated after the receipt of
				proposals that are expected to lead to the revision of proposals or to best and
				final offers, fair and equitable treatment of competitors dictates that
				negotiations be conducted in accordance with ethical business standards.
2. Auction techniques are
				prohibited in discussions with offerors under the competitive sealed proposal
				method.
3. Prices; technical
				solutions; unique technologies; innovative use of commercial items, design,
				construction, or operating techniques; or other aspects of proposals submitted
				by one offeror must not be disclosed to competing offerors pursuant to North
				Dakota Century Code section
				54-44.4-10.
4. Safeguards against abuse in the conduct of
				negotiations must be strictly observed to maintain the essential integrity of
				the process.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-13 - Contract Administration › Section 4-12-13-01 - Contract amendment

Current through Supplement No. 393, July, 2024
1. A contract
				cannot be amended after the expiration date of the contract.
2. A state contract may include a clause that
				provides for adjustment of contract price, adjustment of time of performance,
				and other terms the procurement officer deems appropriate.
3. Unanticipated contract amendments must be
				within the scope of the original contract, authorized by the terms of the
				contract, and due to legitimate, unforeseen circumstances.
4. Prior to amending a contract, the
				procurement officer must prepare a written determination for the amendment.
5. The amending of contracts
				cannot be utilized to avoid any requirements to obtain competition or to make
				purchases that exceed the procurement officer's delegated purchase authority.
6. Amendments that require the
				state to pay any amount over the stated contract price must be funded prior to
				approval.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-01,
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-13 - Contract Administration › Section 4-12-13-02 - Assignment of contract

Current through Supplement No. 393, July, 2024
A successful bidder or offeror shall not assign the bidder's
				  or offeror's interest in the contract without the written consent of the
				  procurement officer.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-01,
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-14 - Resolution of Protested Solicitations and Awards › Section 4-12-14-01 - Resolution of protested solicitations

Current through Supplement No. 393, July, 2024
The following provisions must be followed by any actual or
				  prospective bidder or offeror that is aggrieved in connection with a
				  solicitation:
1. The aggrieved party
				shall submit a protest to the procurement officer in written form, clearly
				identifying the solicitation and the details of the nature of the protest.
2. When the solicitation contains
				a deadline for submission of questions and requests for clarifications,
				protests of the solicitation will not be allowed if these faults have not been
				brought to the attention of the procurement officer before the specified
				deadline. If no deadline for questions is specified, protests based on defects
				in the solicitation must be made at least seven calendar days before the
				deadline for receipt of bids or proposals.
3. The procurement officer has seven calendar
				days to review the protest and to render a written decision. The procurement
				officer may extend the protest review period by no more than seven days and
				will send written notice to the aggrieved party of the extension.
4. The procurement officer has the authority
				to cancel or amend a solicitation prior to the opening date and to delay the
				subsequent opening date.
5. During
				the time the protest and appeals are being considered, the solicitation period
				will be extended if not resolved before the opening date.
6. The aggrieved party has seven calendar
				days to appeal the decision of the procurement officer.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-14 - Resolution of Protested Solicitations and Awards › Section 4-12-14-02 - Resolution of protested award or intent to award

Current through Supplement No. 393, July, 2024
A bidder or offeror that has submitted a response to a
				  solicitation and is aggrieved may protest an award or notice of intent to award
				  in accordance with the following provisions:
1. The aggrieved party shall submit a written
				protest to the procurement officer that clearly identifies the solicitation,
				award or proposed award, and the details of the nature of the protest.
2. The protest must be received
				within seven calendar days after the aggrieved party knew or should have known
				of the facts giving rise to the protest. Seven days after award or issuance of
				a notice of intent to award, it will be assumed that all interested parties
				knew or should have known all the facts surrounding the solicitation.
3. During the time the protest is
				being considered, the award will be stayed, unless a written determination is
				made that award without delay is necessary to protect the interests of the
				state. Written notice of the protest and stay of award will be sent to the
				successful bidder or offeror.
4.
				The procurement officer has seven calendar days to review the protest and
				render a written decision. The procurement officer may extend the protest
				review period by no more than seven calendar days and will send written notice
				to the aggrieved party of the extension.
5. The aggrieved party has seven calendar
				days to appeal the decision of the procurement officer.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-14 - Resolution of Protested Solicitations and Awards › Section 4-12-14-03 - Appeals of protest decisions

Current through Supplement No. 393, July, 2024
1. The
				aggrieved party may appeal the decision of the procurement officer to the
				director or designee within seven calendar days after receiving notice of the
				decision.
a. The director or designee has
				seven calendar days to review the protest and render a decision in writing. If
				the appeal is submitted on a weekend or state holiday, the seven-day period
				will commence on the first working day after the appeal was submitted.
b. During the time the appeal is
				being considered, the award will be stayed, unless a written determination is
				made that award without delay is necessary to protect the interests of the
				state.
c. If the protest is not
				resolved by mutual agreement, the director or designee will promptly issue a
				decision in writing stating the reasons for the action taken and informing the
				protestant of its right to judicial or administrative review, if any, as
				provided by the laws of North Dakota.
d. A decision under this subsection is final
				and conclusive.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-15 - Intergovernmental Relations › Section 4-12-15-01 - Procurement from state agencies and other governmental entities

Current through Supplement No. 393, July, 2024
1. If a needed commodity or service can be
				obtained from a state agency or institution or other governmental entity within
				the state, that commodity or service may be purchased without obtaining
				competition. State agencies and institutions that provide commodities and
				services include printing services by the central duplicating service of the
				office of management and budget pursuant to North Dakota Century Code section
				46-02-09, department of
				corrections and rehabilitation roughrider industries, information technology
				department, and agencies or institutions governed by the state board of higher
				education.
2. When conducting a
				competitive solicitation for a commodity or service otherwise available from a
				state agency or institution or other governmental entity within the state, the
				purchasing agency may elect to solicit bids or proposals from the state source
				of supply. The bid or proposal will be awarded according to the evaluation
				criteria set forth in the solicitation.
3. State agencies or institutions and other
				governmental entities may apply to be placed on the state bidders list
				established pursuant to North Dakota Century Code section
				54-44.4-09.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 12-48-03.1,
					 54-44-04,
					 54-44.4-02,
					 54-44.4-04,
					 54-44.4-09,
					 54-59-05
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-16 - Printing › Section 4-12-16-01 - Resident North Dakota printers

Current through Supplement No. 393, July, 2024
1.
				Resident North Dakota printers must do any printing not done by the central
				duplicating service of the office of management and budget, unless
				circumstances exist under which it is determined to be not practicable. These
				circumstances include:
a. When North Dakota
				printers are not capable of providing the required printing services at a
				reasonable price or meet the required delivery schedule; or
b. When specialized printing services are
				required and there is a lack of qualified North Dakota printers that provide
				those services.
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-01 - General Administration › Chapter 4.5-01-01 - Organization of the Board › Section 4.5-01-01-01 - Organization of board of addiction counseling examiners

Current through Supplement No. 393, July, 2024
1.
History.
The 1987 legislative
						assembly passed legislation establishing the state board of addiction
						counseling examiners, codified as North Dakota Century Code chapter 43-45. The
						board of addiction counseling examiners license addiction counselors.
2.
Board membership.
The board
						consists of seven members appointed by the governor. Four members are licensed
						practicing addiction counselors, two members are laypersons, and one member is
						a licensed addiction counselor in private practice. The governor shall appoint
						board members for three-year terms, but no person may be appointed to serve for
						more than two consecutive terms.
3.
Board officers.
The board annually elects from its membership a
						chairperson, a vice chairperson, and a treasurer at the fourth quarter meeting.
						The board may hire a secretary at its discretion.
4.
Inquiries.
Inquiries
						regarding the board may be addressed to:
Board of Addiction Counseling Examiners
402 East Main Avenue, Suite 5
Bismarck, ND 58501
General Authority:
NDCC 28-32-02,
								43-45-04
Law Implemented:
NDCC 28-32-02, 43-45-02,
								43-45-03, 43-45-04
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-01 - Initial Licensure and Fees › Section 4.5-02.1-01-01 - Definitions [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-01 - Initial Licensure and Fees › Section 4.5-02.1-01-02 - Licensure and registration application

Current through Supplement No. 393, July, 2024
1. An application for a license to practice
						addiction counseling must be made to the state board of addiction counseling
						examiners on forms approved by the board. Each application for license must be
						accompanied by all of the following:
a. A
						completed application, signed by the applicant.
b. The required fee.
c. All official undergraduate and graduate
						transcripts verifying academic requirements and any degree or degrees
						earned.
d. Proof of successful
						completion of clinical training .
e. Proof of successful completion of the
						appropriate examination submitted to the board office by the entity that
						administered the examination.
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-01 - Initial Licensure and Fees › Section 4.5-02.1-01-03 - Academic requirements

Current through Supplement No. 393, July, 2024
All academic requirements related to the registration of
							clinical trainees and interns, and the licensing of addiction counselors must
							be completed at a college or university accredited by one of six regional
							institutional accreditors in the United States.
An applicant for licensure shall have at least one of the
							following:
1. Trainee. An individual
						meets the academic requirements for registration as a trainee if the
						individual:
a. Has been accepted into or
						completed an academic program that meets the academic requirements for
						licensure as an addiction counselor or a master addiction counselor.
b. Is no more than six credits short of
						meeting all academic requirements for licensure as either an addiction
						counselor or a master addiction counselor.
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-01 - Initial Licensure and Fees › Section 4.5-02.1-01-04 - Clinical training requirements

Current through Supplement No. 393, July, 2024
1. All clinical training hours must involve
						the clinical application of addiction counseling and be completed at a training
						consortium, one or more sites approved by the board, through a university
						placement or through an individualized training program approved by the board.
						Clinical training hours must be supervised by a registered clinical supervisor
						who is either a licensed clinical addiction counselor or a licensed master
						addiction counselor. Licensed addiction counselors who are registered clinical
						supervisors may supervise clinical training hours through December 31,
						2023.
2. During clinical training a
						supervisee may not work independently with clients and the supervisor shall
						provide direct observation of all addiction-specific work performed by the
						supervisee with clients, until the supervisee obtains a score of three or
						higher in that particular clinical training area as documented by the
						supervisor on a supervisee monthly progress report. After being rated three or
						higher in a clinical training area, a supervisor shall provide appropriate
						indirect supervision to the supervisee on that clinical training area. The
						clinical supervisor shall sign all supervisee monthly progress reports.
3. Clinical training areas
						include:
a. Screening and American society of
						addiction medicine assessment;
b.
						Treatment planning;
c.
						Referral;
d. Service coordination
						and documentation;
e.
						Counseling;
f. Client, family, and
						community education;
g.
						Documentation; and
h. Professional
						and ethical responsibilities.
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-01 - Initial Licensure and Fees › Section 4.5-02.1-01-05 - Examination

Current through Supplement No. 393, July, 2024
An applicant must pass the appropriate written examination as
							approved by the board. A written examination may be taken only after the
							completion of the required academic coursework.
1. Licensed addiction counselor. The national
						certified addiction counselor level II examination or the master addiction
						counselor examination administered by the national association for alcoholism
						and drug abuse counselors.
2.
						Licensed master addiction counselor. The master addiction counselor examination
						administered by the national association for alcoholism and drug abuse
						counselors.
3. Exemption.
						Individuals licensed in North Dakota as psychologists, psychiatrists, or
						physicians who possess a doctorate degree in their field of licensure are not
						required to complete an examination to be eligible for licensure as a licensed
						addition counselor or a licensed master addiction counselor.
General Authority:
NDCC 43-45-04
Law Implemented:
NDCC 43-45-04,
								43-45-05.1
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-01 - Initial Licensure and Fees › Section 4.5-02.1-01-06 - Reciprocity [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-01 - Initial Licensure and Fees › Section 4.5-02.1-01-06.1 - Reciprocity

Current through Supplement No. 393, July, 2024
The board may grant reciprocity, on such terms and conditions
							as it may determine necessary, to an applicant for licensure who is in good
							standing as a licensed, approved, or certified addiction counselor, licensed
							clinical addiction counselor, or licensed master addiction counselor under the
							laws of another jurisdiction that imposes at least substantially the same
							requirements that are imposed under this chapter. For the purposes of
							reciprocity as set forth in subsection 2 of North Dakota Century Code section
							43-45-05.1:
1. A requirement of at
						least nine hundred sixty hours of supervised clinical experience as an
						addiction counselor is at least substantially the same as the clinical training
						requirements for a licensed addiction counselor in section 4.5-02.1-01-04.
2. A requirement of
						at least seven hundred hours of supervised clinical experience as an addiction
						counselor is at least substantially the same as the clinical training
						requirements for a licensed master addiction counselor in section 4.5-02.1-01-04.
3. A current
						national certified addiction counselor level II certification issued by the
						national association for alcoholism and drug abuse counselors meets the
						licensure requirements imposed under this chapter for a licensed addiction
						counselor.
4. A current master
						addiction counselor certification issued by the national association for
						alcoholism and drug abuse counselors meets the licensure requirements imposed
						under this chapter for a licensed master addiction counselor.
General Authority:
NDCC 43-45-04
Law Implemented:
NDCC 43-45-04,
								43-45-05.1
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-01 - Initial Licensure and Fees › Section 4.5-02.1-01-07 - Fees

Current through Supplement No. 393, July, 2024
1. Initial license fee:
a. Application for license received on or
						after January first of the even-numbered year and before July first of the
						even-numbered year $300.00
b.
						Application for license received on or after July first of the even-numbered
						year and before January first of the odd-numbered year $250.00
c. Application for license received on or
						after January first of the odd-numbered year and before July first of the
						odd-numbered year $150.00
d.
						Application for license received on or after July first of the odd-numbered
						year and before January first of the even-numbered year $100.00
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-02 - Continuing Education › Section 4.5-02.1-02-01 - Licensure renewal [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-02 - Continuing Education › Section 4.5-02.1-02-02 - Continuing education

Current through Supplement No. 393, July, 2024
1. Continuing education credit is awarded to
						a participant at a workshop or seminar. To maintain licensure, licensed
						addiction counselors, licensed clinical addiction counselors, and licensed
						master addiction counselors are required to complete forty hours of continuing
						education for the two-year licensing period , at least six hours of which must
						be on the topic of professional ethics.
a.
						Twenty approved continuing education hours are required if an addiction
						counselor is initially licensed between January first and June thirtieth of the
						odd-numbered year.
b. No continuing
						education hours are required if an addiction counselor is initially licensed on
						or after July first of an odd-numbered year.
c. Continuing education hours cannot be
						earned until after the license effective date and only within the current
						licensing period.
d. Continuing
						education hours may only be applied to one licensing period.
e. Applicants who were previously licensed in
						North Dakota but whose license lapsed for a period of less than five years
						shall complete forty continuing education hours, at least six of which must be
						on the topic of professional ethics, within the two years prior to
						application.
f. Applicants who were
						previously licensed in North Dakota but whose licensed lapsed for a period of
						five years or more shall complete forty continuing education hours, at least
						six of which must be on the topic of ethics, within the two years prior to
						application. The board may require such an applicant to take a written
						examination approved by the board.
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-02 - Continuing Education › Section 4.5-02.1-02-03 - Address and name changes

Current through Supplement No. 393, July, 2024
Any licensee must report a change of physical address,
							professional address for electronic mail, preferred telephone number, or name
							to the board in writing within thirty days of change.
General Authority:
NDCC 43-45-04
Law Implemented:
NDCC 43-45-04,
								43-45-07
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-03 - Clinical Training › Section 4.5-02.1-03-01 - Clinical training Program

Current through Supplement No. 393, July, 2024
Clinical training consortium programs for addiction
							counseling must be approved biennially by the board of addiction counseling
							examiners and must meet the following conditions:
1. Existing training consortiums shall submit
						documentation to the board, including:
a.
						Evidence of licensure by the North Dakota department of human services of each
						addiction treatment facility, or evidence of board approval.
b. A training program manual which includes
						policies and procedures, including an organizational chart, which reflects
						clinical training program director, training facilities and facility
						supervisors, and admission policies.
c. A training handbook, which should include
						trainee grievance procedure.
d.
						Evidence of clinical supervisor at each treatment facility.
e. Must notify board in writing of any
						substantial changes that impact the provision of adequate training, which
						includes the addition or loss of training facility sites or loss of clinical
						training program director.
f. If
						the training consortium seeks to add an entity to its training consortium, the
						training consortium shall request the addition of that entity in writing and on
						forms approved by the board, for consideration by the board.
g. An entity seeking to create a new training
						consortium shall make a formal application to the board on a form approved by
						the board. A representative of the proposed training consortium shall appear
						before the board to discuss the proposal and seek board approval.
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-03 - Clinical Training › Section 4.5-02.1-03-02

Current through Supplement No. 393, July, 2024
General Authority: NDCC 43-45-04
Law Implemented: NDCC 43-45-01, 43-45-04, 43-45-05.1
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-04 - Specialized Registration › Section 4.5-02.1-04-01 - Activities constituting the private practice of addiction counseling

Current through Supplement No. 393, July, 2024
1. A private
				practitioner of addiction counseling is one who, on either a full-time or
				part-time basis, is responsible for that person's own practice, exercises sole
				responsibility for the client, establishes payment of fees with clients, and
				identifies that the person is an addiction counselor in offering service.
2. Services that are provided by
				all addiction counselors are not considered to constitute private practice
				unless those services are provided independent of any supervising or sponsoring
				organization, or are provided within a private agency framework in which the
				addiction counselor is a partner or shareholder, and a fee is collected from or
				on behalf of the client. Consultative or educational services provided to an
				organization, agency, classroom, or workshop are not considered to be the
				private practice of addiction counseling.
General Authority: NDCC 43-45-04
Law Implemented: NDCC 43-45-01, 43-45-04, 43-45-05.3
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-04 - Specialized Registration › Section 4.5-02.1-04-02 - Application for private practice registration

Current through Supplement No. 393, July, 2024
1.
Qualifications.
To be
						eligible for registration to provide private practice, an individual must be
						licensed as a licensed clinical addiction counselor or a licensed master
						addiction counselor.
2.
Registration.
Individuals requesting to be registered for private
						practice shall make a formal application to the board and pay the registration
						fee.
General Authority:
NDCC 43-45-04
Law Implemented:
NDCC 43-45-04,
								43-45-05.3
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-04 - Specialized Registration › Section 4.5-02.1-04-03 - Application for private practice registration renewal [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-04 - Specialized Registration › Section 4.5-02.1-04-04 - Application for clinical supervision registration

Current through Supplement No. 393, July, 2024
1. Qualifications. To be eligible for
						registration to provide clinical supervision, the following must be met:
a. Individuals who are licensed clinical
						addiction counselors shall obtain twenty hours of continuing education contact
						hours in clinical supervision within three years preceding submission of an
						application.
b. Individuals who
						are licensed addiction counselors shall provide documentation of the following:
(1) A minimum of three years of experience as
						a licensed addiction counselor, including a total of no less than six thousand
						hours of supervised experience.
(2)
						Twenty hours of continuing education contact hours in clinical
						supervision.
(3) Letters of
						reference and recommendation from two registered clinical
						supervisors.
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-05 - Professional Conduct › Section 4.5-02.1-05-01 - Code of ethics

Current through Supplement No. 393, July, 2024
A licensed addiction counselor and anyone under licensed
							addiction counselor supervision shall conduct the person's professional
							practice in conformity with the national association of alcoholism and drug
							abuse counselors code of ethics, as revised October 9, 2016.
General Authority:
NDCC 43-45-04
Law Implemented:
NDCC 43-45-04,
								43-45-07.1
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-05 - Professional Conduct › Section 4.5-02.1-05-02 - Ethics subcommittee

Current through Supplement No. 393, July, 2024
An ethics subcommittee may be established to review and make
				  recommendations to the board of examiners on whether to initiate a formal
				  disciplinary action. Members of the ethics subcommittee shall be board members
				  chosen by the chairperson and confirmed by the board.
General Authority:
NDCC
					  43-45-04
Law Implemented:
NDCC
					  43-45-04,
					  43-45-07.3
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-05 - Professional Conduct › Section 4.5-02.1-05-03 - Complaint procedure

Current through Supplement No. 393, July, 2024
1. Upon filing of a written and signed
						complaint alleging a licensee engaged in conduct identified as grounds for
						disciplinary action under North Dakota Century Code section 43-45-07.1, the
						board shall notify the licensee of the complaint and require a written response
						from the licensee.
2. The board may
						direct the ethics subcommittee or a board member to investigate the complaint.
						After completing the investigation, the ethics subcommittee or board member
						will recommend whether the board should take disciplinary action against the
						licensee.
3. The board shall
						determine if there is a reasonable basis to believe the licensee engaged in
						conduct identified as grounds for disciplinary action under North Dakota
						Century Code section 43-45-07.1. If the board determines there is not a
						reasonable basis to believe, the board will notify the complainant and the
						licensee. If the board determines there is a reasonable basis to believe, the
						board will proceed with a disciplinary action in accordance with North Dakota
						Century Code chapter 28-32.
4. The
						board, at any time, may offer or accept a proposal for informal resolution of
						the complaint or disciplinary action.
5. The board may impose a fee on the licensee
						for all or part of the costs of an action resulting in discipline, including
						administrative costs, investigation costs, attorney's fees, witness fees, the
						cost of the office of administrative hearings services, costs related to any
						requirements of public notice of the discipline, and court costs.
General Authority:
NDCC 43-45-04
Law Implemented:
NDCC 43-45-04,
								43-45-07.3
North Dakota Administrative Code › Title 4.5 - Addiction Counseling Examiners, Board of › Article 4.5-02.1 - Addiction Counseling Examiners Licensure › Chapter 4.5-02.1-05 - Professional Conduct › Section 4.5-02.1-05-04 - Notification of action against license

Current through Supplement No. 393, July, 2024
When the board revokes a license, the board shall provide a
				  public notice of such action in order to further the cause of consumer
				  protection. Such public notice shall specify the name of the licensee, action
				  taken, and the violations. Public notice must include notification of the known
				  licensee's employers, and a news release issued to a regional newspaper chosen
				  by the board.
General Authority: NDCC 43-45-04
Law Implemented: NDCC 43-45-04, 43-45-07.1
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-01 - General Administration › Chapter 6-01-01 - Organization of Commission › Section 6-01-01-01 - Organization and functions of aeronautics commission

Current through Supplement No. 393, July, 2024
1.
Organization
.
a. History. The 1947 legislative assembly
				established the aeronautics commission by legislation codified as North Dakota
				Century Code chapter 2-05. This chapter requires the governor to appoint a
				five-member aeronautics commission.
b. Commission membership. The commission
				consists of five commissioners appointed by the governor. Members of the
				commission serve five-year terms.
c. Director. The director of aeronautics is
				appointed by the commission to serve at the pleasure of the commission and as
				executive officer of the commission is responsible for the administration of
				the commission and its activities.
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-01 - Practice and Procedure › Section 6-02-01-01 - General provisions

Current through Supplement No. 393, July, 2024
The principal office of the North Dakota aeronautics
				  commission shall be located at Bismarck, North Dakota. All papers and
				  communications forwarded to the commission shall be addressed to:
North Dakota Aeronautics Commission
P.O. Box 5020
Bismarck, North Dakota 58502-5020
or
ndaero@nd.gov
If a person is aggrieved by a denial, suspension, revocation
				  of a license, cease and desist order, registration denial, or imposition of a
				  civil penalty by the aeronautics commission, the aggrieved person may file a
				  complaint or an appeal pursuant to the Administrative Agencies Practice
				  Act.
General Authority:
NDCC
					 2-05-13,
					 2-05-19,
					 2-05-20,
					 2-05-21, 28-32
Law Implemented:
NDCC
					 2-05-13,
					 2-05-19,
					 2-05-20,
					 2-05-21,
					 28-32
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-01 - Practice and Procedure › Section 6-02-01-13

Current through Supplement No. 393, July, 2024
General Authority: NDCC 2-05-08, 2-05-13, 2-05-15, 2-05-16
Law Implemented: NDCC 2-05-08, 2-05-13, 2-05-15,
					 2-05-16
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-01 - Practice and Procedure › Section 6-02-01-13.1 - Denial of application or suspension or revocation of authorization, permission, certificate, or license

Current through Supplement No. 393, July, 2024
The commission may, after notice and hearing, deny an
				  application or suspend or revoke an existing authorization, permit,
				  certificate, or license for just cause. Acts or omissions of an applicant or
				  holder of an authorization, permit, certificate, or license constituting just
				  cause may include:
1. The failure to
				pay such fees or file a bond as is required by law or this title;
2. The failure to provide information to the
				commission as required by law or this title;
3. A violation of a rule, procedure, or
				standard in this title or North Dakota Century Code title 2;
4. Commission of a fraud or the making of a
				knowing misstatement in an application, in information submitted to the
				commission, or in a proceeding before the commission; or
5. If the issuance of a common carrier
				certificate for authority to operate as an intrastate air carrier is not in the
				best interest of the development and coordination of aeronautical activities in
				the state. In determining the best interest of the development and coordination
				of aeronautical activities in the state, the commission shall consider, but not
				be limited to, routes and service of the proposed intrastate air carrier and
				existing air carriers, the present and future impact upon air service to the
				communities affected by the application, the present and future air service
				needs of the state of North Dakota, the safety of the public, and the financial
				responsibility of the air carrier.
General Authority: NDCC 2-05-08, 2-05-13, 2-05-15, 2-05-16
Law Implemented: NDCC 2-05-08, 2-05-13, 2-05-15,
					 2-05-16
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-01 - Practice and Procedure › Section 6-02-01-13.2 - Immediate suspension or revocation of common carrier certificate

Current through Supplement No. 393, July, 2024
Notwithstanding other provisions of this title, the
				  commission may, without prior notice or hearing, suspend or revoke a common
				  carrier certificate upon receipt of notification that the federal aeronautics
				  administration has determined or declared the carrier to be unfit to operate a
				  common carrier service under the provisions of 14 CFR, part 121 or 135. Notice
				  of the commission's action must be immediately given to the carrier and the
				  carrier, upon its request, is entitled to a hearing concerning such action. The
				  commission may suspend all or a part of the rules in this title if, in its
				  discretion, compliance with the rule or rules to be suspended will unreasonably
				  delay the hearing authorized under this section.
General Authority: NDCC 2-05-08, 2-05-13, 2-05-15, 2-05-16
Law Implemented: NDCC 2-05-08, 2-05-13, 2-05-15,
					 2-05-16
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-02 - Aerial Applicators › Section 6-02-02-01 - General provisions

Current through Supplement No. 393, July, 2024
The following air traffic rules, orders, regulations,
				  procedures, knowledge of agricultural chemicals, and minimum standards
				  governing aerial application are necessary for the public safety, the safety of
				  those engaged in such activities, and for protection of property, are adopted
				  by the North Dakota aeronautics commission, after a public hearing, pursuant to
				  authority set forth in North Dakota Century Code section
				  2-05-18.
General Authority:
NDCC
					 2-05-18
Law Implemented:
NDCC
					 2-05-18,
					 2-05-19,
					 2-05-20
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-02 - Aerial Applicators › Section 6-02-02-01.1 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter, unless otherwise required:
1. "Bona fide lease" means a lease whereby
				the lessee has a reasonable interest in the land under lease for a period not
				less than the current growing, grazing, or harvesting season.
2. "Chief pilot" means an individual, who
				meets the qualifications of this chapter, that operates an aircraft used for
				aerial application who is identified on the aerial applicator's license and is
				responsible for the supervision of other pilots listed on an aerial
				applicator's license.
3. "Operator"
				means a person that obtains an aerial applicator's license from the North
				Dakota aeronautics commission.
4.
				"Pilot" means an individual, who meets the qualifications of this chapter, who
				operates an aircraft used for aerial application who is identified on an aerial
				applicator's license.
General Authority:
NDCC 2-05-18
Law Implemented:
NDCC
					 2-05-18
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-02 - Aerial Applicators › Section 6-02-02-02 - Application for aerial applicator license - Fees

Current through Supplement No. 393, July, 2024
No person may engage in the activity or business of aerial
				  application without first obtaining an aerial applicator's license from the
				  North Dakota aeronautics commission. The application for an aerial applicator's
				  license shall include a fee as established by the commission and shall be
				  completed and filed on forms furnished by the commission.
General Authority:
NDCC
					 2-05-18
Law Implemented:
NDCC
					 2-05-18
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-02 - Aerial Applicators › Section 6-02-02-03 - Inspection and duration of aerial applicator's license

Current through Supplement No. 393, July, 2024
North Dakota aerial applicator's license shall be presented
				  for inspection upon request of any authorized representative of the state of
				  North Dakota or of the federal government or municipal official charged with
				  the duty of enforcing local, state, or federal laws or regulations. The pilot
				  of any aircraft performing aerial application shall carry proof of the North
				  Dakota aerial applicator's licensure at all times. Each aerial applicator's
				  license issued shall expire December thirty-first of the year of issuance and
				  may be revoked at any time for cause.
General Authority:
NDCC 2-05-18
Law Implemented:
NDCC
					 2-05-18
North Dakota Administrative Code › Title 6 - Aeronautics Commission › Article 6-02 - Aeronautics Commission › Chapter 6-02-02 - Aerial Applicators › Section 6-02-02-04.1 - Aerial applicator safety instruction

Current through Supplement No. 393, July, 2024
For the safety and protection of persons and property, each
				  operator of a business engaged in aerial application must receive the
				  information provided by the annual aerial applicator safety meeting or attend
				  approved training by the North Dakota aeronautics commission. A chief pilot
				  employed by an operator may attend the meeting in place of the operator. The
				  meeting will be held in the first calendar quarter of each year and address
				  aviation safety, business and operation security, and chemical storage. The
				  commission will provide substitute instruction for operators and chef pilots
				  who for good cause are unable to attend the annual safety meeting. An
				  application for a license for aerial spraying under section
				  6-02-02-02 will not be approved by
				  the commission unless the applicant's operator or chief pilot has attended the
				  annual safety meeting in the calendar quarter preceding the date of the
				  application or received substitute instruction or information provided by the
				  commission.
General Authority:
NDCC
					 2-05-18
Law Implemented:
NDCC
					 2-05-18