reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-18 - Criminal Justice Data Information Sharing › Chapter 10-18-01 - Criminal Justice Data Information System › Section 10-18-01-03 - Criminal justice data information sharing access

Current through Supplement No. 393, July, 2024
1. For purposes of these rules, "attorney
				general" includes the chief officer of the criminal justice data information
				sharing system designated by the attorney general.
2. The attorney general may authorize an
				individual employed by an agency to access the criminal justice data
				information sharing system.
3. The
				attorney general may authorize an individual not employed by an agency as
				defined in this article to access the criminal justice data information sharing
				system if the individual meets the requirements of this article unless
				prohibited by federal law.
4. The
				agency and the individual shall sign a criminal justice data information
				sharing system agreement in a form prescribed by the attorney
				general.
5. Each agency is
				responsible for providing its own technology infrastructure and security
				procedures to assure there is no unauthorized access or dissemination of
				criminal justice data information.
6. The agency and the individual shall agree
				to comply with all requirements governing access and use of the criminal
				justice data information sharing system before access is authorized.
7. All individual applicants for access shall
				complete an application form prescribed by the attorney general and shall
				submit to a criminal history background investigation, including the submission
				of biometric data as defined in North Dakota Century Code subsection 1 of
				section 12-60-16.1.
8. Only
				agencies assigned an ORI by the federal bureau of investigation, and users
				employed by agencies assigned an ORI, or users authorized by the attorney
				general unless prohibited by federal law, may be authorized to have access to
				the criminal justice data information sharing system.
9. The attorney general shall review all
				applications for access and determine whether or not to authorize the applicant
				access.
General Authority:
NDCC 54-12-34
Law Implemented:
NDCC
					 54-12-34
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-18 - Criminal Justice Data Information Sharing › Chapter 10-18-01 - Criminal Justice Data Information System › Section 10-18-01-04 - Security requirements

Current through Supplement No. 393, July, 2024
1. The
				criminal justice data information sharing system, including its system design
				and access requirements, is a critical infrastructure and part of a security
				system plan under North Dakota Century Code section 44-04-24.
2. Authorized individuals and authorized
				agencies shall keep access passwords and procedures secure and may not disclose
				access passwords and procedures to individuals or agencies that do not have
				access to the criminal justice information sharing system.
3. Unauthorized disclosure of any part of the
				criminal justice information sharing system may result in denial, suspension,
				or revocation of access to the authorized individual or an authorized
				agency.
4. Authorized individuals
				and agencies shall comply with the security requirements under 28 C.F.R. Part
				20 and NCIC.
General Authority:
NDCC 54-12-34
Law Implemented:
NDCC
					 54-12-34
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-18 - Criminal Justice Data Information Sharing › Chapter 10-18-01 - Criminal Justice Data Information System › Section 10-18-01-05 - Denial, suspension, or revocation of access

Current through Supplement No. 393, July, 2024
1. The attorney general may not grant an
				application for access:
a. If the individual
				applicant has pled guilty to, pled nolo contendere to, or has been found guilty
				of, a felony offense in any state court or federal court;
b. If the individual applicant has pled
				guilty to, pled nolo contendere to, or has been found guilty of, any offense in
				any state court or federal court involving domestic violence, identify theft,
				or fraud;
c. If the individual
				applicant has pled guilty to, pled nolo contendere to, or has been found guilty
				in a military court for a violation of the military code of justice resulting
				in a sentence of imprisonment, dishonorable or bad conduct discharge, or both;
				or
d. If the individual applicant
				or the individual applicant's employing agency has committed fraud,
				falsification, or material misrepresentation in the application for
				access.
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-18 - Criminal Justice Data Information Sharing › Chapter 10-18-01 - Criminal Justice Data Information System › Section 10-18-01-06 - Notification and review of denial, suspension, or revocation of access

Current through Supplement No. 393, July, 2024
1. If the attorney general denies an
				application for access, or if the attorney general suspends or revokes access,
				the attorney general shall notify the agency, the applicant or authorized user,
				or both the agency and applicant or authorized user, in writing and shall state
				the reasons for denial, suspension, or revocation of access.
2. An agency, applicant, or authorized user
				whose access has been denied, suspended, or revoked may request review of the
				denial, suspension, or revocation within twenty days from the date the agency
				or individual has received notice of denial, suspension, or revocation of
				access.
3. The request for review
				must be in writing and mailed or delivered to the chief officer of the criminal
				justice information sharing system and set forth with particularity the basis
				of the request for review and must include any supporting
				documentation.
4. The advisory
				board shall conduct the review and any documentation submitted in support of
				the request for review and make a recommendation to the attorney general. The
				advisory board may request or allow the applicant, authorized user, or a
				representative of the agency to personally appear before the advisory board
				before it makes its recommendation to the attorney general. The determination
				and order of the attorney general is final and not subject to appeal or further
				review.
General Authority:
NDCC 54-12-34
Law Implemented:
NDCC
					 54-12-34
North Dakota Administrative Code › Title 11 - Audiology and Speech-Language Pathology, Board of Examiners on › Article 11-01 - General Administration › Chapter 11-01-01 - Organization of Board › Section 11-01-01-01 - Organization of board of examiners on audiology and speech-language pathology

Current through Supplement No. 393, July, 2024
1.
History
				and function
. The 1975 legislative assembly passed legislation to
				license audiologists and speech-language pathologists, codified as North Dakota
				Century Code chapter 43-37. In 1983 chapter 43-37 was revised. This chapter
				requires the governor to appoint a state board of examiners on audiology and
				speech-language pathology. It is the responsibility of the board to license
				audiologists and speech-language pathologists.
2.
Board membership
. The board
				consists of eight members appointed by the governor. Two members are
				audiologists, four members are speech-language pathologists, one member is an
				otolaryngologist, and one is a consumer. Each board member serves a term of
				three years. No member may serve on the board more than two successive
				terms.
3.
Officers
.
				Officers are elected annually. The board may hire an executive secretary as
				necessary.
4.
Inquiries
. Inquiries regarding the board may be addressed to:
Board of Examiners on Audiology and Speech-Language
				  Pathology
Executive Secretary
402 East Main Street
Bismarck, North Dakota 58501
Phone: 701-755-7165
Email: ndsbe.executivesecretary@gmail.com
Website: ndsbe.com
General Authority:
NDCC 28-32-02.1
Law Implemented:
NDCC
					 43-37-06
North Dakota Administrative Code › Title 11 - Audiology and Speech-Language Pathology, Board of Examiners on › Article 11-02 - Audiologist and Speech-Language Pathologist Licensure › Chapter 11-02-01 - Initial Licensure and Renewals › Section 11-02-01-01 - Licensure application

Current through Supplement No. 393, July, 2024
An application for a license to practice audiology or
				  speech-language pathology shall be made to the state board of examiners of
				  audiology and speech-language pathology on forms provided by the board upon
				  request. The application shall contain such information as the board may
				  reasonably require.
1. Each
				application for a license shall be accompanied by:
a. A prescribed fee.
b. An official transcript verifying
				completion of undergraduate and graduate degrees.
c. An official or authenticated copy of a
				passing score, as established by the American speech-language-hearing
				association, on the Praxis II specialty examination in the area of audiology or
				speech-language pathology, or another examination approved by the
				board.
North Dakota Administrative Code › Title 11 - Audiology and Speech-Language Pathology, Board of Examiners on › Article 11-02 - Audiologist and Speech-Language Pathologist Licensure › Chapter 11-02-01 - Initial Licensure and Renewals › Section 11-02-01-02 - Licensure without examination [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 11 - Audiology and Speech-Language Pathology, Board of Examiners on › Article 11-02 - Audiologist and Speech-Language Pathologist Licensure › Chapter 11-02-01 - Initial Licensure and Renewals › Section 11-02-01-03 - Licensure with examination [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 11 - Audiology and Speech-Language Pathology, Board of Examiners on › Article 11-02 - Audiologist and Speech-Language Pathologist Licensure › Chapter 11-02-01 - Initial Licensure and Renewals › Section 11-02-01-04 - Renewal of licensure and relicensure

Current through Supplement No. 393, July, 2024
1. Applications for
				the renewal of license are due by the first date of each year.
2. At least two months before the first date
				of each year, the board shall notify the licensee of the requirement for
				renewal. The notice must be made to the address last provided to the board by
				the licensee and must encourage applicants to submit applications for renewal
				upon receiving that notice.
3. A
				license must be renewed by the board if, on or before the thirty-first day of
				January of each year, the licensee meets all of the following requirements:
a. The licensee filed a complete application
				for renewal form provided by the board.
b. The licensee paid the renewal
				fee.
c. The licensee provided proof
				of completion of the continuing education required by section
				11-02-01-06.
d. Grounds for denial of the application
				under North Dakota Century Code section 43-37-13 do not exist.
e. Supervision requirements completed in
				accordance with section 11-02-01-08.
North Dakota Administrative Code › Title 11 - Audiology and Speech-Language Pathology, Board of Examiners on › Article 11-02 - Audiologist and Speech-Language Pathologist Licensure › Chapter 11-02-01 - Initial Licensure and Renewals › Section 11-02-01-05 - Fees

Current through Supplement No. 393, July, 2024
The following fees shall be paid in connection with
				  audiologist , speech-language pathologist, and speech-language pathology
				  licensed assistant applications, examinations, renewals, and penalties:
1. Application fee for an audiologist
				license, speech-language pathologist license, and speech-language pathology
				licensed assistant license: one hundred dollars.
2. Renewal fee for an audiologist license,
				speech-language pathologist license, and speech-language pathology license
				assistant: seventy-five dollars.
3.
				Relicensure fee: two hundred fifty dollars.
General Authority:
NDCC 43-37-06
Law Implemented:
NDCC
					 43-37-06
North Dakota Administrative Code › Title 11 - Audiology and Speech-Language Pathology, Board of Examiners on › Article 11-02 - Audiologist and Speech-Language Pathologist Licensure › Chapter 11-02-01 - Initial Licensure and Renewals › Section 11-02-01-06 - Continuing education

Current through Supplement No. 393, July, 2024
1.
			Continuing education is defined as
			courses or workshops that contribute
			to professional development and lead
			to acquiring and enhancing skills and
			knowledge required for professional
			practice that are either approved by
			the board or certified by the American
			speech-language-hearing association,
			the American academy of audiology, or
			the international hearing association
			or another organization approved by
			the board.
2.
			Licensees are required to complete ten
			clock hours of continuing education
			during each calendar year.
3.
			Continued practice in violation of the
			continuing education requirements as
			outlined in this section subjects a
			licensee to disciplinary action as
			outlined in North Dakota Century Code
			section  43-37-13.
General
				Authority:
NDCC  43-37-06
Law
				Implemented:
NDCC
				 43-37-06
North Dakota Administrative Code › Title 11 - Audiology and Speech-Language Pathology, Board of Examiners on › Article 11-02 - Audiologist and Speech-Language Pathologist Licensure › Chapter 11-02-01 - Initial Licensure and Renewals › Section 11-02-01-07 - Passing score

Current through Supplement No. 393, July, 2024
The successful
			  completion of a Praxis II specialty
			  examination in audiology or
			  speech-language pathology or another
			  examination approved by the board
			  means: obtaining a score equal to or
			  greater than the passing score
			  established by the American
			  speech-language-hearing association or
			  another organization approved by the
			  board, and in effect at the time of
			  administration of the
			  test.
General
				Authority:
NDCC  43-37-09
Law
				Implemented:
NDCC
				 43-37-06
North Dakota Administrative Code › Title 11 - Audiology and Speech-Language Pathology, Board of Examiners on › Article 11-02 - Audiologist and Speech-Language Pathologist Licensure › Chapter 11-02-01 - Initial Licensure and Renewals › Section 11-02-01-08 - Speech-language pathology licensed assistants

Current through Supplement No. 393, July, 2024
1. Definitions.
a. "Direct supervision" means face-to-face
				contact that occurs either in-person or through video conferencing. Activities
				that occur during direct supervision include observation, modeling,
				cotreatment, discussions, and teaching.
b. "Indirect supervision" means other than
				face-to-face contact. Activities that occur during indirect supervision include
				telephone conversations, written correspondence, electronic exchanges, or other
				methods using secure telecommunication technology.
North Dakota Administrative Code › Title 11 - Audiology and Speech-Language Pathology, Board of Examiners on › Article 11-02 - Audiologist and Speech-Language Pathologist Licensure › Chapter 11-02-02 - Code of Ethics › Section 11-02-02-02 - Code of ethics

Current through Supplement No. 393, July, 2024
The board subscribes to the 2016 code of ethics of the
				  American speech-language-hearing association. This code is incorporated in the
				  rules by reference except that a certificate of clinical competence is not
				  required to practice speech-language pathology and audiology in North
				  Dakota.
General Authority:
NDCC 43-37-06
Law Implemented:
NDCC
					 43-37-06
North Dakota Administrative Code › Title 11 - Audiology and Speech-Language Pathology, Board of Examiners on › Article 11-02 - Audiologist and Speech-Language Pathologist Licensure › Chapter 11-02-02 - Code of Ethics › Section 11-02-02-03 - Unacceptable professional conduct

Current through Supplement No. 393, July, 2024
The following
			  constitute unacceptable professional
			  conduct by a licensed audiologist or
			  speech-language pathologist and
			  subject such licensee or potential
			  licensee to sanction:
1.
			Taking financial advantage of a
			client, or using one's position within
			an agency to enhance one's private
			practice or the private practice of
			others for personal gain.
2.
			Entering into any illegal acts with a
			client.
3.
			Participating in, condoning, or being
			an accessory to dishonesty, fraud,
			deceit, or misrepresentation in the
			practice of audiology or
			speech-language pathology.
4.
			Not providing clients with accurate
			and complete information regarding the
			extent and nature of the services
			available to them.
5.
			Convicted of a criminal act which
			affects the practice of the
			profession. (North Dakota Century Code
			section  12.1-33-02.1)
6.
			Violating any federal or state
			confidentiality client care regulation
			statutes.
7.
			Violating any federal or state
			discrimination statutes or
			regulations.
8.
			Exploiting relationships with clients
			such as participating in or soliciting
			sexual relationships during the time
			of services and for twelve months
			following the termination of
			services.
9.
			Refusal to seek adequate and
			appropriate treatment for any illness
			or disorder which interferes with
			professional functioning or ability to
			perform the basic expected functions,
			or both, of an audiologist or
			speech-language pathologist.
10.
			Using misrepresentation in the
			procurement of licensing as an
			audiologist or speech-language
			pathologist or knowingly assisting
			another in the procurement of
			licensing through misrepresentation.
			Misrepresentation of professional
			qualifications, certifications,
			accreditations, affiliation, and
			employment experiences.
11.
			Failure to report through the proper
			channels the incompetent, unethical,
			or illegal practice of any licensed
			audiologist or speech-language
			pathologist who is providing such
			services.
12.
			Participating in activities that
			constitute a conflict of professional
			interest and adversely affect the
			licensee's ability to provide
			audiology or speech-language pathology
			services.
13.
			Violating any of the principles of
			ethics as listed in the 2010 code of
			ethics of the American
			speech-language-hearing association
			.
14.
			Providing any inaccurate, misleading,
			or false information to the board in
			regard to a licensure
			action.
General
				Authority:
NDCC  43-37-06
Law
				Implemented:
NDCC  43-37-06,
				 43-37-13
North Dakota Administrative Code › Title 11 - Audiology and Speech-Language Pathology, Board of Examiners on › Article 11-02 - Audiologist and Speech-Language Pathologist Licensure › Chapter 11-02-03 - Grievances › Section 11-02-03-01 - Grievance procedures

Current through Supplement No. 393, July, 2024
Grievances must be processed in accordance with North Dakota
				  Century Code chapter
				   28-32.
General Authority: NDCC 43-37-06
Law Implemented: NDCC 28-32-05
North Dakota Administrative Code › Title 11 - Audiology and Speech-Language Pathology, Board of Examiners on › Article 11-02 - Audiologist and Speech-Language Pathologist Licensure › Chapter 11-02-03 - Grievances › Section 11-02-03-02 - Complaint procedures

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  43-37-13, the
			board shall notify the licensee of the
			complaint and require a written
			response from the licensee.
2. A
			licensee who is the subject of an
			investigation by the board shall
			cooperate fully with the
			investigation. Cooperation includes
			responding fully and promptly to any
			reasonable question raised by or on
			behalf of the board relating to the
			subject of the investigation and
			providing copies of patient or client
			records if reasonably requested by the
			board and accompanied by the
			appropriate release.
3.
			The board may direct an 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.
4.
			When conducting an investigation, the
			board may subpoena and examine
			witnesses and records, including
			patient and client records, and may
			copy, photograph, or take samples of
			the records. The board may require the
			licensee to give statements under
			oath, to submit to a physical or
			psychological examination, or both, by
			a physician or other qualified
			evaluation professional selected by
			the board, if requiring an examination
			is in the best interest of the public.
			The patient and client records
			released to the board are not public
			records.
5.
			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  43-37-13. If the board
			determines there is not a reasonable
			basis, the board will notify the
			complainant and the licensee. If the
			board determines there is a reasonable
			basis, the board may proceed with a
			disciplinary action in accordance with
			North Dakota Century Code chapter
			 28-32.
6.
			The board, at any time, may offer or
			accept a proposal for informal
			resolution of the complaint or
			disciplinary action.
7.
			The board may impose a fee on the
			licensee for all or part of the costs
			of an informal resolution or a formal
			action resulting in discipline,
			including administrative costs,
			investigation costs, attorney's fees,
			witness fees, the cost of the office
			of administrative hearings services,
			and court costs.
General
				Authority:
NDCC  43-37-06
Law
				Implemented:
NDCC
				 28-32-05
North Dakota Administrative Code › Title 11 - Audiology and Speech-Language Pathology, Board of Examiners on › Article 11-02 - Audiologist and Speech-Language Pathologist Licensure › Chapter 11-02-04 - Information Changes › Section 11-02-04-01 - Address and name changes

Current through Supplement No. 393, July, 2024
Any licensee must report a change of address, name, or
				  educational degree to the board. Proof of any educational degree change must
				  also be submitted. A fee of ten dollars will be charged to reissue a duplicated
				  or changed license.
General Authority: NDCC 43-37-06
Law Implemented: NDCC 43-37-06
North Dakota Administrative Code › Title 12 - Auditor, State

Current through Supplement No. 393, July, 2024
The State Auditor is not an administrative agency as defined by
		  North Dakota Century Code section   28-32-01. Therefore, the auditor is not
		  subject to the Administrative Agencies Practice Act (North Dakota Century Code
		  chapter   28-32) and any rules the auditor may have adopted are not published in
		  the North Dakota Administrative Code.
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-02 - College SAVE › Chapter 12.5-02-01 - College SAVE › Section 12.5-02-01-01 - Establishment of the plan

Current through Supplement No. 393, July, 2024
1.
Statutory authority and plan establishment.
North Dakota Century Code section   6-09-38 requires the Bank to adopt
				  rules to administer, manage, promote, and market a higher education savings
				  program in compliance with section 529 of the Code. Pursuant thereto, the Bank
				  has adopted the rules of this chapter to implement the program and to provide
				  for its administration, management, promotion, and marketing.
2.
Plan description and purpose.
This program
				  shall be known as College SAVE and is also referred to in these rules as the
				  "plan". The plan is established and maintained so that participants may make
				  contributions to accounts established for the purpose of meeting the qualified
				  higher education expenses of the designated beneficiaries of such accounts. The
				  plan will be operated and maintained in accordance with the rules of this
				  chapter.
3.
Construction of rules, declaration of trust, and
				  other plan documents.
The plan is intended to qualify as a qualified
				  tuition program under section 529 of the Code. The participation agreements for
				  the plan and the accounts in the trust are intended to qualify as municipal
				  securities and municipal fund securities under applicable securities laws. The
				  provisions of these rules, the declaration of trust, and any other plan
				  documents shall be construed by the Bank and the participants consistent with
				  these objectives.
General Authority: NDCC 6-09-38
Law Implemented: NDCC 6-09-38
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-02 - College SAVE › Chapter 12.5-02-01 - College SAVE › Section 12.5-02-01-03 - Implementation and administration of the plan

Current through Supplement No. 393, July, 2024
1.
Executive committee.
The executive committee
				  established by the Bank in accordance with its operating policies will oversee
				  the administration of the plan and is authorized to act on behalf of the Bank
				  in all matters pertaining to the plan. Any actions taken by the executive
				  committee with respect to the plan shall be in accordance with the Bank's
				  operating policies. Initially, for purposes of administering the plan, the
				  executive committee shall operate as follows:
a. Appointment. All members of the executive committee are
				  appointed by the chief executive officer of the Bank. Members will serve until
				  removed by the chief executive officer.
b. Alternate members. In the absence of a member, the absent
				  member or the presiding officer may designate an alternate.
c. Secretary. The chairman shall appoint a secretary of the
				  committee.
d. Quorum. A majority of the whole executive committee shall
				  constitute a quorum.
e. Vote required for action. A majority of the whole
				  executive committee must vote favorably to carry a motion.
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-02 - College SAVE › Chapter 12.5-02-01 - College SAVE › Section 12.5-02-01-04 - The College SAVE Trust

Current through Supplement No. 393, July, 2024
1.
State instrumentality.
The trust shall be an
				  instrumentality of the state and shall be subject to the declaration of trust.
2.
Composition of the trust.
The trust is made
				  up of the investment fund and such other segregated funds as may be established
				  by the trustee from time to time under the declaration of trust.
3.
Portfolios.
Each portfolio is comprised of
				  one or more mutual funds, separate accounts or other investment vehicles in
				  which assets in the investment fund are invested in accordance with the asset
				  allocation adopted by the Bank. An account is initially invested in a portfolio
				  based upon the selections made by the participant on the enrollment form. An
				  account will be reallocated to a new portfolio if the participant changes the
				  investment selections for the account in accordance with these rules.
The Bank will approve:
a. The percentage asset allocations by investment sector for
				  each portfolio; and
b. Specific underlying funds, separate accounts or other
				  investment vehicles for each portfolio that are consistent with the investment
				  sector asset allocations for that portfolio. Asset allocations will be based
				  either on the age of the designated beneficiary specified for such portfolio or
				  on a specific investment strategy (fixed portfolios).
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-02 - College SAVE › Chapter 12.5-02-01 - College SAVE › Section 12.5-02-01-05 - Establishment of an account

Current through Supplement No. 393, July, 2024
An account may be established for a participant if each of
				  the following requirements is satisfied:
1.
Eligibility requirements for participants.
The participant must satisfy the following eligibility requirements:
a. Type of entity/residency requirements. The participant
				  must be an individual who is a United States citizen or United States resident,
				  any state or local government within the United States, an organization validly
				  existing under the laws of any state or the District of Columbia that is exempt
				  from federal income tax under section 501(c)(3) of the Code, or a trust that is
				  validly existing under the laws of any state or the District of Columbia.
				  Except as provided under subsection 6, the participant is not required to be a
				  resident of North Dakota.
b. Age requirements. If the participant is an individual, the
				  participant must be at least eighteen years old. There is no maximum age
				  restriction.
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-02 - College SAVE › Chapter 12.5-02-01 - College SAVE › Section 12.5-02-01-07 - Rules applicable to contributions

Current through Supplement No. 393, July, 2024
The following rules apply to contributions:
1.
Eligibility to contribute.
Any person or
				  entity, whether or not the person or entity is a participant, may contribute to
				  an account established for any designated beneficiary. Any contribution to an
				  account shall be deemed to have been made by the participant for that account.
2.
Cash contributions.
All contributions to
				  accounts shall be made only in cash. For these purposes, "contributions in
				  cash" means contributions in United States dollars made by check, money order,
				  or wire transfer of funds, in accordance with such procedures as may be
				  established by the Bank.
3.
Tax-free rollover contributions.
Any person
				  or entity making a contribution to an account shall indicate on the appropriate
				  form whether or not the contribution is a tax-free rollover from a Coverdell
				  education savings account, a qualified United States savings bond, or a
				  qualified tuition program. If the contribution is a tax-free rollover, the
				  person or entity making a contribution shall provide the Bank, or the manager
				  on behalf of the Bank, appropriate documentation showing the earnings portion
				  of the contribution, so that the appropriate amount of earnings may be
				  reflected in the account to which the rollover contribution is made. Until
				  appropriate documentation is received, the entire amount of such contribution
				  shall be recorded as earnings in the account. For this purpose, appropriate
				  documentation shall be:
a. In the case of a rollover contribution from a Coverdell
				  education savings account, an account statement issued by the financial
				  institution that acted as trustee or custodian of the Coverdell education
				  savings account that shows basis and earnings in the account;
b. In the case of a rollover contribution from the redemption
				  of a qualified United States savings bond, an account statement or federal tax
				  form issued by the financial institution that redeemed the bond showing
				  interest from the redemption of the bond; and
c. In the case of a rollover contribution from a qualified
				  tuition program, a statement issued by the qualified tuition program making the
				  distribution that shows the earnings portion of the distribution.
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-02 - College SAVE › Chapter 12.5-02-01 - College SAVE › Section 12.5-02-01-08 - Rules applicable to distributions

Current through Supplement No. 393, July, 2024
The following rules apply to distributions:
1.
Distribution process.
Distributions may be
				  requested in writing on the distribution request form or any other method
				  approved by the Bank when made to an eligible educational institution. The
				  participant shall designate the person or entity to whom the distribution
				  should be paid. The manager shall review all distribution request forms to
				  determine that all information needed to process the request has been received.
2.
Methods of distribution.
Distributions will
				  be made by check or, at the request of the participant, or designated
				  beneficiary if applicable, by wire transfer. Requests for distributions will be
				  satisfied as soon as practicable following the receipt of a properly completed
				  distribution request form or upon request by the participant for the
				  distributions to be made to an eligible educational institution.
3.
Processing of distributions.
A distribution
				  request form will be deemed accepted by the manager as of the business day on
				  which the manager determines that the distribution request form has been
				  properly completed or the distribution request to an eligible educational
				  institution has been property verified. Generally on the business day of such
				  acceptance, the manager, on behalf of the trust, shall take appropriate action
				  with respect to the portfolio to which the account is invested to cause funds
				  to be available for the distribution including reducing the number of units
				  reflected in the account to reflect such action.
4.
Calculation of portfolio unit value for
				  distributions.
The portfolio unit value of the portfolio from which
				  distributions from an account are taken shall be generally the business day on
				  which the distribution request is deemed accepted by the manager.
General Authority: NDCC 6-09-38
Law Implemented: NDCC 6-09-38
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-02 - College SAVE › Chapter 12.5-02-01 - College SAVE › Section 12.5-02-01-09 - Bank's authority to terminate an account or require a distribution

Current through Supplement No. 393, July, 2024
The Bank may close, or cause its agents to close, an account
				  if the participant or designated beneficiary provides false or misleading
				  information to the plan, if the minimum contribution threshold described under
				  subsection 5 of section 12.5-02-01-07 is not met, or if such action is
				  necessary, in the discretion of the Bank, to ensure that the plan qualifies
				  under section 529 of the Code and complies with all applicable securities laws
				  and other applicable federal or state constitutional, statutory, or regulatory
				  provisions. In addition, the Bank may, without closing an account, require a
				  participant to receive a distribution from the participant's account of such
				  amount as the Bank may determine if such action is necessary, in the discretion
				  of the Bank, to ensure that the plan qualifies under section 529 of the Code
				  and complies with all applicable securities laws and other applicable federal
				  or state constitutional, statutory, or regulatory provisions.
General Authority: NDCC 6-09-38
Law Implemented: NDCC 6-09-38
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-02 - College SAVE › Chapter 12.5-02-01 - College SAVE › Section 12.5-02-01-10 - General provisions

Current through Supplement No. 393, July, 2024
1.
Distribution of plan disclosure statement.
The Bank and the manager, on behalf of the Bank, shall take all
				  necessary actions to help ensure that each person who receives a participation
				  agreement and an enrollment form shall also receive the plan disclosure
				  statement that sets forth all material aspects of an investment in the plan.
2.
Separate accounting and reporting.
Participants will receive reports at least quarterly that show
				  contributions and associated earnings, distributions, and fees charged to the
				  account as well as the total balance in the account. Separate accounting shall
				  be maintained for each account. Participants will have access to account
				  information during normal business hours and such other times as may be
				  determined by the Bank.
3.
Fees.
The fees set forth below may be
				  assessed. The amount of the fees and the method of calculating the fees will be
				  determined by the Bank from time to time and will be set forth in the plan
				  disclosure statement. Fees will be collected by the manager. Assessed fees
				  shall be deducted from an account, and an appropriate adjustment shall be made
				  to the value of the account. The Bank may decide not to assess any one or more
				  of these fees, may change the amount of these fees and the method of
				  calculating them, and may assess different fees based upon the state of
				  residence of a participant or a designated beneficiary.
a. Maintenance. Maintenance fees to recover the cost of
				  administering the account, recordkeeping, investment management, marketing,
				  distribution, and related tasks.
b. Termination. If an account is closed, a fee to recover the
				  administrative costs of closing an account may be assessed under terms to be
				  determined by the Bank.
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-02 - College SAVE › Chapter 12.5-02-01 - College SAVE › Section 12.5-02-01-11 - Tax information and withholding

Current through Supplement No. 393, July, 2024
The plan will be maintained and operated in accordance with
				  the requirements set forth in section 529 of the Code. Distributions to or on
				  behalf of the designated beneficiary or the participant will be reported to the
				  Internal Revenue Service and to the distributee, as required under section 529
				  of the Code, and will be subject to any applicable federal or state income tax
				  withholding. Direct transfers to another qualified tuition program will be
				  reported to the receiving program as required under Section 529 of the Code.
General Authority: NDCC 6-09-38
Law Implemented: NDCC 6-09-38
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-02 - College SAVE › Chapter 12.5-02-01 - College SAVE › Section 12.5-02-01-12 - Procedure for appeals

Current through Supplement No. 393, July, 2024
The Bank may provide procedures for the appeal by a
				  participant or designated beneficiary of any decision made by the Bank or the
				  manager relating to the imposition of maintenance or termination fees, any
				  distribution required by the Bank, or any other matter determined by the Bank.
General Authority: NDCC 6-09-38
Law Implemented: NDCC 6-09-38
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-02 - College SAVE › Chapter 12.5-02-01 - College SAVE › Section 12.5-02-01-13 - Rules amendment procedure

Current through Supplement No. 393, July, 2024
These rules may be amended at any time and from time to time
				  by the Industrial Commission.
General Authority: NDCC 6-09-38
Law Implemented: NDCC 6-09-38
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-03 - State Credit Card Administration › Chapter 12.5-03-01 - Service Fees › Section 12.5-03-01-01 - Statutory authority

Current through Supplement No. 393, July, 2024
North Dakota Century Code section 54-06-08.2 requires the
							Bank of North Dakota to adopt rules establishing the terms under which
							executive branch agencies may charge a service fee for the acceptance of a
							payment made by a credit card or debit card or an electronic fund transfer in
							compliance with a credit card company's rules and to approve the amount that
							may be charged by an executive agency.
General Authority:
NDCC 54-06-08.2
Law Implemented:
NDCC
								54-06-08.2
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-03 - State Credit Card Administration › Chapter 12.5-03-01 - Service Fees › Section 12.5-03-01-02 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter, unless the context requires
							otherwise:
1. "Bank" means the state
						doing business as the Bank of North Dakota and also includes the executive
						committee of the Bank acting on behalf of the Bank. The Bank is the state
						credit card administrator for credit card transactions of state agencies,
						boards, and commissions.
2.
						"Discover acquirer operating regulations" means regulations adopted by the
						Discover network as they pertain to merchant acceptance of a card issued under
						license from the Discover network.
3. "MasterCard merchant rules" means rules
						adopted by MasterCard international incorporated as they pertain to merchant
						acceptance of a card issued under license from MasterCard
						international.
4. "Merchant
						agreement" means an agreement entered between the Bank and merchants to govern
						the acceptance of credit cards by the merchant.
5. "Network regulations" means the rules and
						regulations adopted by MasterCard, Visa, and Discover.
6. "Rules" means this chapter, as amended and
						supplemented from time to time.
7.
						"Service fee" means a fee to be added to a payment as a service charge for the
						acceptance of a payment made by a credit or debit card or an electronic fund
						transfer and is referred to by credit card companies as a "convenience fee" or
						"surcharge".
8. "State" means the
						state of North Dakota, acting through its executive, legislative, and judicial
						branches.
9. "Visa international
						operating regulations or card acceptance guidelines" means regulations adopted
						by Visa U.S.A. as they pertain to merchant acceptance of a card issued under
						license from Visa.
General Authority:
NDCC 54-06-08.2
Law Implemented:
NDCC
								54-06-08.2
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-03 - State Credit Card Administration › Chapter 12.5-03-01 - Service Fees › Section 12.5-03-01-03 - Implementation and administration

Current through Supplement No. 393, July, 2024
1.
						The Bank is authorized to execute all necessary or desirable documents with an
						executive branch agency, including a merchant agreement.
2. An executive branch agency that accepts
						any payment by credit or debit card or by electronic fund transfer must enter a
						merchant agreement with the Bank that creates and governs the relationship
						between the executive branch agency and the Bank.
3. An executive branch agency must adhere to
						and comply strictly with all network regulations that govern service fees,
						including the amount that may be charged as a convenience fee or
						surcharge.
4. The Bank and state's
						designated processor are not able to charge a service fee to cardholders on
						behalf of the executive branch agency.
5. In order to charge a service fee, an
						executive branch agency's approved payment application must process the service
						fee on behalf of the executive branch agency.
General Authority:
NDCC 54-06-08.2
Law Implemented:
NDCC
								54-06-08.2
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-03 - State Credit Card Administration › Chapter 12.5-03-01 - Service Fees › Section 12.5-03-01-04 - Network regulations

Current through Supplement No. 393, July, 2024
The network regulations may be obtained by executive branch
							agencies as follows:
1. MasterCard
						rules at
www.mastercard.com
.
2. Visa operating regulations at
www.visa.com
.
3. Discover merchant operating regulations at
www.discovernetwork.com
.
General Authority:
NDCC 54-06-08.2
Law Implemented:
NDCC
								54-06-08.2
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-03 - State Credit Card Administration › Chapter 12.5-03-01 - Service Fees › Section 12.5-03-01-05 - Rules amendment procedure

Current through Supplement No. 393, July, 2024
These rules may be amended at any time and from time to time
							by the industrial commission.
General Authority:
NDCC 54-06-08.2
Law Implemented:
NDCC
								54-06-08.2
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-04 - North Dakota Achieving a Better Life Experience Plan › Chapter 12.5-04-01 - North Dakota Achieving a Better Life Experience Plan › Section 12.5-04-01-01 - Establishment of the plan

Current through Supplement No. 393, July, 2024
1.
Statutory authority and plan establishment.
North Dakota Century
						Code section 6-09-38.1 requires the Bank of North Dakota to adopt rules to
						administer, manage, promote, and market the North Dakota achieving a better
						life experience plan in accordance with Internal Revenue Service standards for
						qualified state disability expense programs. The Bank of North Dakota has
						adopted the rules of this chapter to establish and implement the North Dakota
						achieving a better life experience plan and to provide for its administration,
						management, promotion, and marketing.
2.
Plan description and purpose.
This program shall be known as the North Dakota achieving a better life
						experience plan or the North Dakota ABLE plan and is also referred to in these
						rules as the "plan". The plan is established to inform North Dakota citizens of
						qualified plans under the Achieving a Better Life Experience Act of 2014
						creating tax-free savings accounts for individuals with disabilities under
						Section 529A of the Internal Revenue Service Code of 1986. The plan may
						establish its own qualified tax-free savings accounts for individuals with
						disabilities or may provide information to North Dakota citizens to assist them
						in identifying other qualified ABLE plans for which they may be
						eligible.
General Authority:
NDCC 6-09-38.1
Law Implemented:
NDCC
								6-09-38.1
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-04 - North Dakota Achieving a Better Life Experience Plan › Chapter 12.5-04-01 - North Dakota Achieving a Better Life Experience Plan › Section 12.5-04-01-02 - Plan administration and management

Current through Supplement No. 393, July, 2024
The Bank of North Dakota chief executive officer shall
							appoint a plan director. The plan director shall monitor the Achieving a Better
							Life Experience (ABLE) Act and related legislation for national legislative
							changes and policy and rule changes by the Internal Revenue Service, department
							of treasury, and other rulemaking bodies. The administrator shall periodically
							inform the Bank of North Dakota chief executive officer or executive committee
							of legislative changes and shifts in policy or rules that may impact qualified
							ABLE plans. The plan director shall serve until removed by the chief executive
							officer.
General Authority:
NDCC 6-09-38.1
Law Implemented:
NDCC
								6-09-38.1
North Dakota Administrative Code › Title 12.5 - Bank of North Dakota › Article 12.5-04 - North Dakota Achieving a Better Life Experience Plan › Chapter 12.5-04-01 - North Dakota Achieving a Better Life Experience Plan › Section 12.5-04-01-03 - Plan promotion and marketing

Current through Supplement No. 393, July, 2024
The plan director shall develop and cause to be implemented
							plan promotion and plan marketing targeted to the citizens of North Dakota. The
							plan promotion and plan marketing shall be carried out to accomplish the plan
							purposes as described in North Dakota Administrative Code section
							12.5-04-01-01.
General Authority:
NDCC 6-09-38.1
Law Implemented:
NDCC
								6-09-38.1
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-01 - General Provisions › Section 13-01.1-01-01 - Applicability

Current through Supplement No. 393, July, 2024
This article shall apply to all practice and procedure before
				  the state banking board and commissioner unless rendered inconsistent by a
				  specific statute or rule, in which instance the more specific statute or rule
				  shall apply. The board will follow title 98 for all practices and procedures
				  not contained under this article.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05