reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-06 - Naturopathic Licensure › Chapter 50-06-01 - Admission to Practice Naturopathic Medicine › Section 50-06-01-06 - Examination requirements

Current through Supplement No. 393, July, 2024
1. Those applicants
				for licensure who have obtained a passing score on the naturopathic physicians
				licensing examinations (NPLEX) part one and part two or its successor must be
				deemed to have met the examination requirement specified in North Dakota
				Century Code section 43-58-05.
2.
				The examination requirements for licensure must be successfully completed
				within four years from graduation. The board may grant an exception to this
				requirement for applicants who have concurrently pursued another graduate
				degree, and the applicant presents a verifiable, rational, and compelling
				explanation for not meeting the four-year time limit.
3. An applicant is permitted a maximum of
				three attempts to pass each part or component of the national board
				examination. Upon review of an individual applicant, the board may allow an
				exception to this rule if it if finds it is in the best interest of the state
				and the applicant shows a documented disability as determined by the board, or
				the applicant:
a. Is validly licensed as a
				naturopath in another state;
b. Has
				practiced a minimum of five years; and
c. Has no disciplinary actions imposed by any
				other state licensing board.
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-06 - Naturopathic Licensure › Chapter 50-06-01 - Admission to Practice Naturopathic Medicine › Section 50-06-01-07 - License issued

Current through Supplement No. 393, July, 2024
When the board determines any candidate has successfully
				  completed all requirements by law and rule for licensure, the board shall issue
				  to such candidate a license to practice naturopathy.
An officer of the board and the board's executive director or
				  deputy executive director may issue a provisional temporary license to an
				  applicant who is seeking a permanent North Dakota naturopathic license if in
				  their judgement the applicant meets all the requirements for a license. A
				  provisional temporary license is valid from the date of issue until the time of
				  the next regularly scheduled meeting of the board.
General Authority:
NDCC 43-58-03.1
Law Implemented:
NDCC 43-58-05,
					 43-58-07
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-06 - Naturopathic Licensure › Chapter 50-06-01 - Admission to Practice Naturopathic Medicine › Section 50-06-01-08 - Change of location - License displayed

Current through Supplement No. 393, July, 2024
Each licensed naturopath shall maintain a permanent
				  electronic mail or mailing address with the board to which all communications
				  from the board to the licensee will be sent. A licensee who changes an address
				  shall notify the board in writing of the new contact information within thirty
				  days. A current certificate or duplicate certificate issued by the board must
				  be displayed at all times in each office location of the
				  naturopath.
General Authority:
NDCC 43-58-03.1
Law Implemented:
NDCC
					 43-58-03.1
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-06 - Naturopathic Licensure › Chapter 50-06-01 - Admission to Practice Naturopathic Medicine › Section 50-06-01-09 - License renewal

Current through Supplement No. 393, July, 2024
1. Every naturopath
				who has been licensed by the board shall renew the license by remitting a
				renewal fee on or before December thirty-first of each odd-numbered year and
				completing the renewal application provided by the board. For applicants who
				receive an initial license after July first in an odd-numbered year, the
				license will be deemed to be automatically renewed on December thirty-first for
				an additional two years without payment of an additional renewal fee.
2. The applicant for renewal shall certify on
				the renewal application that the continuing education requirements have been or
				will be met by December thirty-first. The applicant must keep records of
				completed continuing education. The board shall conduct random compliance
				audits of licensees. Failure to complete continuing education is considered
				unprofessional conduct.
3. A
				license renewal application received on or after January first of an
				even-numbered year is an expired renewal and requires the renewal fee plus a
				late fee set by the board. Proof of appropriate continuing education hours must
				be presented. A license that has not been renewed within two years of
				expiration is a lapsed license requiring submission of a new application for
				licensure.
General Authority:
NDCC 43-58-03.1
Law Implemented:
NDCC
					 43-58-03.1
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-06 - Naturopathic Licensure › Chapter 50-06-01 - Admission to Practice Naturopathic Medicine › Section 50-06-01-10 - Expired licenses

Current through Supplement No. 393, July, 2024
Once a license has expired, the individual who held the
				  license may not practice naturopathic medicine or use a title reserved under
				  state law for individuals who are licensed by the board until the license is
				  renewed or a new license is issued. An individual whose license has expired but
				  who continues to practice naturopathic medicine or use a restricted title
				  violates state law and this chapter.
Such a violation may be considered grounds for denying an
				  application by the former licensee for renewal of the lapsed license or for a
				  new license.
General Authority:
NDCC 43-58-03.1
Law Implemented:
NDCC 43-58-03, 43-58-03.1,
					 43-58-11
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-06 - Naturopathic Licensure › Chapter 50-06-01 - Admission to Practice Naturopathic Medicine › Section 50-06-01-11 - Fees

Current through Supplement No. 393, July, 2024
The board charges the following nonrefundable fees:
1.
Initial license.
The fee for
				application and an initial license is four hundred dollars. The licensing
				period is biennial, ending on December thirty-first every odd-numbered
				year.
2.
Renewal.
Licenses renew on December thirty-first every odd-numbered year. The renewal
				fee is four hundred dollars.
3.
Late filing.
A naturopath seeking to renew a license who has
				failed to complete the renewal process within two years from the expiration
				date must be a assessed a late fee of five hundred dollars in addition to the
				renewal fee and such other penalties as are authorized by law, if that
				naturopath is found to have been practicing in this state after the
				naturopath's license expired. A naturopath with an expired license who has not
				practiced without a license may renew their license within two years of the
				expiration date upon payment of the four hundred dollars renewal fee.
General Authority:
NDCC 43-58-03.1
Law Implemented:
NDCC 43-58-03.1,
					 43-58-05
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-06 - Naturopathic Licensure › Chapter 50-06-01 - Admission to Practice Naturopathic Medicine › Section 50-06-01-12 - Administrative sanction

Current through Supplement No. 393, July, 2024
An administrative sanction must be imposed in the amount of
				  five hundred dollars for any applicant or licensed naturopath who provides
				  false or deceptive information with regard to any material fact concerning
				  eligibility for initial licensure or renewal after verifying or certifying that
				  the information provided is true. This includes all material information
				  provided in an initial license application, renewal, or report of compliance
				  with mandatory continuing education requirements.
The imposition of the administrative sanction under this
				  section is not disciplinary action of the board; however, it does not preclude
				  the board from also imposing disciplinary action, or other penalties provided
				  by law, for the same conduct in appropriate cases.
An applicant or licensed naturopath may challenge the
				  imposition of an administrative sanction under this section under North Dakota
				  Century Code chapter 28-32.
General Authority:
NDCC 43-58-03.1
Law Implemented:
NDCC 43-58-03.1,
					 43-58-05
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-06 - Naturopathic Licensure › Chapter 50-06-02 - Authority Of Naturopaths › Section 50-06-02-01 - Rights and privileges

Current through Supplement No. 393, July, 2024
Unless otherwise limited by statute, naturopaths are entitled
				  to all rights and privileges of physicians in this state recognized under North
				  Dakota Century Code section 43-58-09.
General Authority:
NDCC 43-58-03.1
Law Implemented:
NDCC 43-58-08, 43-58-09,
					 43-58-10
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-06 - Naturopathic Licensure › Chapter 50-06-02 - Authority Of Naturopaths › Section 50-06-02-02 - Signing death certificates

Current through Supplement No. 393, July, 2024
In case of the death of any patient, the naturopath shall
				  fill out and sign such certificate of death as is required by statute.
General Authority:
NDCC 43-58-03.1
Law Implemented:
NDCC
					 43-58-09
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-06 - Naturopathic Licensure › Chapter 50-06-02 - Authority Of Naturopaths › Section 50-06-02-03 - Advertising

Current through Supplement No. 393, July, 2024
Naturopaths may advertise their practice in any legitimate
				  manner set forth in the code of ethics adopted by the board, except as limited
				  or prohibited by statute.
General Authority:
NDCC 43-58-03.1
Law Implemented:
NDCC
					 43-58-03.1
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-06 - Naturopathic Licensure › Chapter 50-06-02 - Authority Of Naturopaths › Section 50-06-02-04 - Authority to administer, prescribe, and dispense

Current through Supplement No. 393, July, 2024
The practice of naturopath medicine includes the
				  administration, prescription, dispensing, ordering, or performing of:
1. Food, vitamins, minerals, nutritional
				supplements, digestive enzymes, botanical medicine, and homeopathic
				remedies.
2. Health care
				counseling, nutritional counseling and dietary therapy, hydrotherapy, and
				naturopathic physical applications and therapeutic devices. Naturopathic
				physical application does not include manipulation of the spine. Naturopathic
				physical application does include osseous manipulation of the extremities,
				ribs, and pelvis.
3. Nondrug
				prescription devices.
4.
				Nonprescription topical drugs.
General Authority:
NDCC 43-58-03.1
Law Implemented:
NDCC
					 43-58-08
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-06 - Naturopathic Licensure › Chapter 50-06-02 - Authority Of Naturopaths › Section 50-06-02-05 - Intradermal, intramuscular, intravenous, and subcutaneous administration

Current through Supplement No. 393, July, 2024
1. A naturopath may not perform any
				intra-articular injection or intraspinal injection.
2. A naturopath may prepare and administer
				for immediate use vitamins, minerals, amino acids, and homeopathic remedies in
				accordance with naturopathic medical training through intradermal,
				intramuscular, or subcutaneous injection, or, if the naturopath holds the
				required endorsement, through intravenous therapy. Any injectable therapies
				must be prepared in accordance with USP 797 standards for immediate use.
				Substances administered by injection or intravenous therapy must be
				manufactured and supplied by a manufacturer or outsourcing facility required to
				register with the United States food and drug administration or compounded
				pursuant to a prescription by a pharmacy licensed by the board of
				pharmacy.
3. A naturopath may use
				intravenous therapy only after the naturopath has obtained an endorsement from
				the board to perform intravenous therapy by submitting a completed application
				with an attestation of training to the board. The training must be at least
				sixteen hours of instruction. At least eight hours of instruction must be from
				a graduate-level course through an approved naturopathic medical school.
				Instruction must include:
a.
				Indications;
b.
				Contraindications;
c.
				Formularies;
d. Emergency
				protocols;
e. Osmolarity
				calculation;
f. Aseptic technique;
				and
g. Proper
				documentation.
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-06 - Naturopathic Licensure › Chapter 50-06-02 - Authority Of Naturopaths › Section 50-06-02-06 - Endorsement for prescriptive authority

Current through Supplement No. 393, July, 2024
A licensed naturopath may not prescribe medications pursuant
				  to the formulary adopted under section 50-06-02-08 unless the licensed
				  naturopath first obtains an endorsement under this section and approval by the
				  board.
1.
Limited
				endorsement.
To be eligible to prescribe, a licensed naturopath shall
				first obtain a limited endorsement by submitting an application to the board
				and entering into a written collaborative agreement with a supervising
				physician who meets the requirements of section 50-06-02-07.
2.
Endorsement to practice
				independently.
After completing the requirements of subsection 1, the
				naturopath may submit an application to prescribe independently by showing
				successful passage of the naturopathic physicians licensing examination (NPLEX)
				with the test results sent directly to the board by the North American board of
				naturopathic examiners (NABNE). The supervising physician shall provide proof
				and verification attesting to the naturopath's safe prescribing practices sent
				directly to the board.
3.
Waiver of limited endorsement.
The requirements of subsections 1
				and 2 may be waived if the naturopath shows substantial experience in
				prescribing medications under the laws and rules of another jurisdiction that
				has standards and qualifications for a licensed naturopath to prescribe
				medications at least equal to those required under North Dakota Century Code
				chapter 43-58. The naturopath shall apply for the waiver by submitting an
				application with the board, providing a copy of the written collaborative
				agreement previously entered with a supervising physician from the other
				jurisdiction, and providing a copy of the laws and rules of the other
				jurisdiction showing equal requirements. The application will be reviewed by
				the board at its next available regular meeting.
General Authority:
NDCC 43-58-03.1
Law Implemented:
NDCC
					 43-58-08.1
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-06 - Naturopathic Licensure › Chapter 50-06-02 - Authority Of Naturopaths › Section 50-06-02-07 - Supervising physician for license endorsement for prescriptions

Current through Supplement No. 393, July, 2024
The supervising physician for a naturopath's limited
				  endorsement for prescriptive authority shall possess an active, unencumbered
				  physician license issued under North Dakota Century Code chapter 43-17 and must
				  have been prescribing and administering prescription drugs without limitation
				  for at least five years immediately preceding the application. The supervising
				  physician shall provide objective and independent review of the naturopath's
				  first one hundred prescriptions issued by the naturopath or twelve months of
				  prescribing, whichever occurs first. The supervising physician shall evaluate
				  the naturopath's ability to safely prescribe and administer prescription drugs
				  within the naturopath's scope of practice, education, training, and the
				  naturopath's compliance with federal and state laws and regulations. The
				  naturopath shall keep a duplicate of all prescriptions written to be reviewed
				  at least monthly with the supervising physician.
The naturopath and supervising physician shall have a formal
				  written agreement. The agreement must address the requirements of this rule. A
				  copy of the fully executed agreement must be filed with the board along with
				  the application for limited endorsement pursuant to North Dakota Century Code
				  section 43-58-08.1.
General Authority:
NDCC 43-58-03.1
Law Implemented:
NDCC
					 43-58-08.1
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-06 - Naturopathic Licensure › Chapter 50-06-03 - Continuing Naturopathic Education › Section 50-06-03-01 - Requirements

Current through Supplement No. 393, July, 2024
All active licensees shall complete:
1. A minimum of forty hours of approved
				continuing naturopathic education (CNE) credits biennially. Only hours earned
				at board-approved continuing naturopathic education programs are acceptable.
				One hour of credit is earned for every fifty minutes of approved continuing
				education.
2. Five of the forty
				hours of approved continuing naturopathic education credits must be topics on
				pharmacology.
3. An extension of
				time or other waiver to complete the hours required in this section must be
				granted upon written application if the licensee failed to meet the
				requirements due to illness, military service, medical or religious missionary
				activity, or other extenuating circumstance.
General Authority:
NDCC 43-58-03.1
Law Implemented:
NDCC 43-58-03.1,
					 43-58-08.1
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-06 - Naturopathic Licensure › Chapter 50-06-03 - Continuing Naturopathic Education › Section 50-06-03-02 - Exceptions

Current through Supplement No. 393, July, 2024
The following naturopaths are not required to meet the
				  requirements of this chapter:
1. A
				naturopath who is enrolled in a full-time graduate naturopathic medical
				education program (residency or fellowship).
2. A naturopath who holds a provisional
				temporary license or a naturopath who has not renewed the naturopath's licenses
				for the first time since being granted a regular permanent license by the
				board.
3. A naturopath who has
				retired from the active practice of medicine. This exception is available only
				to a retired naturopath who has completely and totally withdrawn from the
				practice of naturopathic medicine. Any naturopath seeking to be excused from
				completing continuing naturopathic education requirements under this subsection
				shall submit an affidavit to the board, on the board's form, certifying that
				the naturopath may not render naturopathic medical services during the term of
				the next continuing naturopathic education reporting period.
General Authority:
NDCC 43-58-03.1
Law Implemented:
NDCC
					 43-58-03.1
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-06 - Naturopathic Licensure › Chapter 50-06-03 - Continuing Naturopathic Education › Section 50-06-03-03 - Board approval

Current through Supplement No. 393, July, 2024
1. To receive board
				approval, a continuing naturopathic education (CNE) program must be one of the
				following:
a. A program sponsored by the
				board;
b. A program sponsored by an
				approved naturopathic medical school;
c. A health-related seminar sponsored by a
				college or university accredited by an organization recognized by the United
				States department of education;
d.
				A health-related seminar qualifying for continuing education credits through
				the state board of medical examiners, the state board of chiropractic
				examiners, or the state board of nursing; or
e. An educational program arranged by the
				North Dakota association of naturopathic doctors or the American association of
				naturopathic physicians or one of its affiliates and approved by the
				board.
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-06 - Naturopathic Licensure › Chapter 50-06-03 - Continuing Naturopathic Education › Section 50-06-03-04 - Board audit

Current through Supplement No. 393, July, 2024
Each biennium the board shall audit randomly selected
				  naturopaths to monitor compliance with the continuing education requirements.
				  Any naturopath so audited shall be required to furnish documentation of
				  compliance, including the name of the accredited continuing naturopathic
				  education provider, name of the program, hours of continuing education
				  completed, dates of attendance, and verification of attendance. Any naturopath
				  who fails to provide verification of compliance with the continuing
				  naturopathic education requirements is subject to revocation of licensure. To
				  facilitate the board's audits, every naturopath is required to maintain a
				  record of all continuing naturopathic education activities in which the
				  naturopath has participated. Every naturopath shall maintain those records for
				  a period of at least two years following the time when those continuing
				  naturopathic education activities were reported to the board.
General Authority:
NDCC 43-58-03.1
Law Implemented:
NDCC
					 43-58-03.1
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-01 - Organization of Board › Section 51-01-01-01 - Organization of milk marketing board

Current through Supplement No. 393, July, 2024
1.
History
				and purpose.
The 1967 legislative assembly passed milk stabilization
				legislation which is codified as North Dakota Century Code chapter
				 4-18.1. This chapter requires the
				governor to appoint a milk marketing board. The purpose of the chapter is to
				protect and promote the public welfare and to eliminate unfair and demoralizing
				trade practices in the milk industry.
2.
Board membership.
The board
				consists of five members appointed by the governor. One member is a dairy
				farmer, one member is a processor, one member is a retailer, and two members
				are consumers and are not otherwise engaged in the milk business. Board members
				serve five-year terms, with one term expiring each year. The board chooses one
				of its members as a chairman who holds office for one year. Three members of
				the board constitute a quorum for the transaction of business.
3.
Director.
The director is the
				chief executive officer of the board and is the legal custodian of all papers,
				records, and property. The director is responsible for the administration of
				the board's activities and also serves as financial officer of the board. The
				director is authorized to accept and receive all money paid to the board.
4.
Funds and expenditures.
To obtain funds for administration of the chapter, the board levies an
				assessment upon all licensed processors on milk or milk equivalents used for
				the manufacture of milk products and frozen dairy products sold in North
				Dakota. All such assessments are deposited by the board in the state treasury
				in a special revolving fund known as the "milk marketing fund". All
				expenditures under the chapter are paid out of the milk marketing fund. All
				money in the milk marketing fund is appropriated on a continuing basis to the
				board for carrying out the purposes of the chapter.
5.
Board office and hours.
The
				office of the North Dakota milk marketing board is in Bismarck, North Dakota,
				and is open on each business day from eight a.m. until twelve noon and one p.m.
				to five p.m.
6.
Communications.
All communications with the board may be addressed
				to the director:
Director
North Dakota Milk Marketing Board
410 East Thayer Avenue, No. 2
Bismarck, ND 58501-4049
701-328-9588
General Authority: NDCC 28-32-02.1
Law Implemented: NDCC 28-32-02.1
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-01 - Appearance and practice before the board

Current through Supplement No. 393, July, 2024
Any person may appear in any proceeding before the board who
				  has a bona fide interest in the subject matter of the proceeding. Attorneys at
				  law who are admitted to practice before the courts of the state of North Dakota
				  may represent any participant in a proceeding. Any member of the bar of another
				  state may be permitted by the board or a hearing officer to appear and conduct
				  a cause or matter. Any other person who shall file proof to the satisfaction of
				  the board or a hearing officer that the person is possessed of necessary legal
				  or technical qualifications to enable the person to render valuable service may
				  be permitted to practice before the board. All persons appearing before the
				  board or a hearing officer must conform to the standards of ethical conduct
				  required of practitioners before the courts of the state of North Dakota.
General Authority:
NDCC
				   4-18.1-20
Law Implemented:
NDCC
				   4-18.1-20
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-02 - Pleadings and documents

Current through Supplement No. 393, July, 2024
1.
Filing.
All pleadings and documents in proceedings before the board shall be
				filed with the executive secretary.
2.
Docket number and title.
Each
				matter coming formally before the board shall be given a docket number and a
				title descriptive of the subject matter. The number and title shall be used on
				all pleadings. As far as possible, any communication to the board in any
				particular matter shall bear the docket number.
3.
Signature.
All pleadings and
				other documents shall be signed by the person presenting the same or by the
				person's duly authorized attorney.
4.
Copies of exhibits.
All
				documents submitted in evidence as exhibits should consist of an original and
				five copies for the convenience of the board in preparing transcripts. (Failure
				to comply with this subsection is not fatal.)
General Authority:
NDCC
				   4-18.1-20
Law Implemented:
NDCC
				   4-18.1-20
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-03 - Service of process

Current through Supplement No. 393, July, 2024
1.
Complaint.
The notice of hearing and complaint in an adjudicatory matter shall be
				served on all parties to the proceeding either personally or by certified mail,
				as the board may direct. Such service may be waived in writing by the
				respondent.
2.
Decision of
				the board.
The findings of fact, conclusions of law, and decision of the
				board in an adjudicatory matter shall be served upon all the parties to the
				proceeding either personally or by registered or by certified mail.
3.
Other process.
All other
				notices, processes, and orders of the board may be served in the same manner as
				provided in the North Dakota Rules of Civil Procedure. Except where
				specifically provided by statute, any notices, processes, and orders of the
				board may be served by mailing it to the last known address of the person to be
				served.
4.
Proof of service.
The affidavit or certificate of service of the person, sheriff or other
				officer making the same setting forth the manner of service shall be proof of
				said service. When service by mail is made, an affidavit or certificate of
				mailing shall be proof of said service, and service by mail is complete upon
				mailing. Service may also be admitted in writing. When service by publication
				is made, an affidavit as provided in North Dakota Century Code section
				 31-04-06 shall be proof of
				service.
General Authority:
NDCC
				   4-18.1-20,
				   28-32-05,
				   28-32-13; NDRCivP RULE 4, NDRCivP
				  RULE 5
Law Implemented:
NDCC
				   4-18.1-20
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-04 - Computation of time

Current through Supplement No. 393, July, 2024
In computing any period of time prescribed or allowed by this
				  chapter, by order of the board, by the local rules of any district court, by
				  the North Dakota Rules of Civil Procedure, or by any applicable statute, the
				  day of the act, event, or default from which the designated period of time
				  begins to run shall not be included. The last day of the period so computed
				  shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in
				  which event the period runs until the end of the next day which is not a
				  Saturday, a Sunday, or a legal holiday. When the period of time prescribed or
				  allowed is less than seven days, intermediate Saturdays, Sundays, and legal
				  holidays shall be excluded in the computation.
General Authority:
NDRCivP RULE 6
Law Implemented:
NDCC
				   4-18.1-20
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-07 - Continuances

Current through Supplement No. 393, July, 2024
Every party to a proceeding, and the board, shall be given a
				  reasonable time within which to prepare for a hearing. The board, upon good
				  cause shown, may extend the time for hearing or grant such continuances as it
				  deems appropriate to permit additional time for trial preparation or reasonable
				  discovery procedures. Such extensions of time or continuances may be granted
				  at, before, or after the time originally set for hearing.
General Authority:
NDCC
				   4-18.1-20,
				   28-32-05
Law Implemented:
NDCC
				   4-18.1-20
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-08 - Hearing officer

Current through Supplement No. 393, July, 2024
When evidence is to be taken in any proceeding, either the
				  board, any member thereof, or a hearing officer, when duly designated for that
				  purpose, may preside at the hearing.
A hearing officer duly designated by the board to preside at
				  a hearing shall have the authority, within the board's powers and subject to
				  its rules, to:
1. Regulate the course
				of hearing.
2. Administer oaths.
3. Issue subpoenas.
4. Take depositions or cause depositions to
				be taken.
5. Rule upon offers of
				proof and to receive evidence.
6.
				Hold appropriate conference before or during hearings.
7. Dispose of procedural matters, but not to
				dispose of a motion to dismiss a proceeding or any other motion which involves
				a final determination of a proceeding.
8. Take any other action necessary or
				appropriate to discharge the duties vested in the hearing officer, consistent
				with statutory or other authorities under which the board functions and with
				the rules, regulations, and policies of the board.
General Authority:
NDCC
				   4-18.1-20(4),
				   28-32-11
Law Implemented:
NDCC
				   4-18.1-20
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-09 - Subpoenas

Current through Supplement No. 393, July, 2024
Subpoenas for the attendance of witnesses or for the
				  production of documentary evidence, unless directed by the board upon its own
				  motion, will issue only upon application in writing to the board, its executive
				  secretary, or a hearing officer. The written application shall specify the
				  general relevance and materiality of the testimony or documentary evidence
				  sought, and specify the documents desired and the facts to be proved by them.
				  The cost of serving subpoenas shall be paid by the party requesting it.
				  Witnesses subpoenaed for a hearing or deposition shall receive the same fees
				  and mileage as a witness in a civil case in the district court, and fees shall
				  be paid by the party or agency at whose instance the witness appears. No
				  witness fee will be allowed except on a subpoena.
General Authority:
NDCC
				   28-32-09
Law Implemented:
NDCC
				   4-18.1-20
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-10 - Depositions and interrogatories

Current through Supplement No. 393, July, 2024
The deposition of a witness or party in any proceeding before
				  the board may be taken in the same manner and on the same notice as in a civil
				  action pending in the district court. Interrogatories may be sent to any
				  witness or party in a proceeding in the same manner and on the same notice as
				  in an action pending in the district court. A party, other than the board, must
				  first show good cause before undertaking discovery proceedings, including
				  interrogatories.
General Authority:
NDCC
				   28-32-09
Law Implemented:
NDCC
				   4-18.1-20
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-11 - Evidence

Current through Supplement No. 393, July, 2024
1.
Admissibility of evidence.
The admissibility of evidence at a public hearing shall be determined
				generally in accordance with the practice in the district courts in this state.
				However, the board or a hearing officer may waive the usual common law or
				statutory rules of evidence where such waiver is necessary to ascertain the
				substantial rights of the public and interested parties. When objection is made
				to the admissibility of evidence, a hearing officer may receive such evidence
				subject to later ruling by the board.
2.
Witnesses.
Witnesses
				appearing before the board or wishing to be heard by giving testimony must be
				sworn before their testimony shall be considered. All witnesses shall be
				subject to cross-examination within the limits of the purpose of the hearing at
				which they are testifying by any other party or party's attorney or
				representative and by members of the board and its attorney or representative.
3.
Stipulations.
The
				parties to any proceeding or investigation before the board may by stipulation
				agree upon the facts, or any portion thereof, involved in the controversy, and
				such stipulation shall be regarded and used as evidence at the hearing.
4.
Documentary evidence.
Where relevant and material matter offered in evidence by any party is
				embraced in a book, paper, or a document containing other matter not material
				or relevant, the party must plainly designate the matter so offered. If the
				other matter is in such volume as would unnecessarily encumber the record, the
				relevant and material matter may be read into the record, or a true copy
				thereof shall be received as an exhibit. All parties shall be afforded an
				opportunity to examine the entire book, paper, or document and to offer in
				evidence any additional portions thereof found to be material and relevant.
5.
Official notice.
The board may take notice of any fact or facts set forth in its duly
				established regulations, or any facts which are judicially noticed by the
				courts of this state.
General Authority:
NDCC
				   28-32-06,
				   28-32-07
Law Implemented:
NDCC
				   4-18.1-20
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-12 - Oral argument

Current through Supplement No. 393, July, 2024
A hearing officer may, either on the hearing officer's own
				  motion or at the request of any party, allow and fix a time for the
				  presentation of oral argument imposing such limits of time on the argument as
				  the hearing officer deems appropriate. Such argument shall be transcribed and
				  bound with the transcript of testimony unless waived by the hearing officer and
				  all parties. Request for authority to present oral argument before a quorum of
				  the board may be made at any time during the hearing, at the conclusion of the
				  taking of evidence or on brief. The board will announce and fix the time for
				  oral argument, if allowed.
General Authority:
NDCC
				   4-18.1-20
Law Implemented:
NDCC
				   4-18.1-20
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-13 - Record of proceedings

Current through Supplement No. 393, July, 2024
A record will be made of all proceedings before the board and
				  shall be filed in the office of the executive secretary. A transcript of such
				  evidence will be furnished to any party interested in the proceedings upon
				  written request, and on payment of a reasonable fee as established by the
				  board.
General Authority:
NDCC
				   4-18.1-20(5),
				   28-32-12
Law Implemented:
NDCC
				   4-18.1-20
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-14 - Briefs

Current through Supplement No. 393, July, 2024
The board reserves the right to call for briefs in its
				  discretion and to designate the time within which briefs shall be filed. All
				  briefs must be filed with the executive secretary of the board within the time
				  limits fixed by the board and briefs tendered after expiration of the times
				  fixed will be filed only by special permission of the board. Appearance of
				  additional counsel in a case will not constitute grounds for extending time for
				  filing briefs. An original and five copies of each brief shall be filed. Briefs
				  shall contain a concise statement of the facts, issues, and arguments of law
				  relied upon by the party submitting the briefs. Briefs shall contain an index
				  with reference to pages where legal citations appear.
General Authority:
NDCC
				   4-18.1-20
Law Implemented:
NDCC
				   4-18.1-20
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-15 - Deliberations

Current through Supplement No. 393, July, 2024
In all matters where a public hearing has been held and
				  persons interested have been afforded an opportunity to make an appearance and
				  present evidence, the board may exclude such persons from participating during
				  deliberations regarding the subject matter of such public hearing as such could
				  constitute an opportunity to exert additional influence or an opportunity to
				  present matters which would not be a part of the official record of such
				  proceeding and deny an absent party due process of law.
General Authority:
NDCC
				   4-18.1-20
Law Implemented:
NDCC
				   4-18.1-20
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-16 - Prehearing conferences in adjudicatory matters

Current through Supplement No. 393, July, 2024
In order to provide an opportunity for a settlement of a
				  proceeding in an adjudicatory matter, or any of the issues therein, there may
				  be held at any time prior to or during hearings before the board or a hearing
				  officer such informal conference of parties for the admission and consideration
				  of facts, arguments, offers of settlement, or proposals of adjustments as time,
				  the nature of the proceeding, and the public interest may permit. To expedite
				  the orderly conduct and disposition of any hearing, and at such prehearing
				  conferences as may be held, there may be considered, in addition to any offer
				  of settlement or proposals of adjustment, the possibility of the following:
1. The simplification of issues.
2. The necessity or desirability
				of amendment to the pleadings.
3.
				The exchange and acceptance of service of exhibits proposed to be offered in
				evidence.
4. The obtaining of
				admissions or stipulations of facts not remaining in dispute, or the
				authenticity of documents which may properly shorten the hearing.
5. The limitation of the number of witnesses.
6. Such other matters as may
				properly be dealt with to aid in expediting the orderly conduct of the
				proceeding.
The board with or without motion may direct that a prehearing
				  conference be held. Upon motion by a party, the hearing officer may direct the
				  parties to such proceedings to appear for a prehearing conference. Due notice
				  of the time and place of such conference will be given to all parties to the
				  proceeding. Upon conclusion of a prehearing conference, the parties shall
				  immediately reduce the results thereof to the form of a written stipulation
				  which recites the matters agreed upon, and the original and five copies shall
				  be filed with the board. Any such stipulation may be received in evidence at a
				  hearing and, when so received, shall be binding on the parties with respect to
				  the matters therein stipulated.
General Authority:
NDCC
				   28-32-05
Law Implemented:
NDCC
				   4-18.1-20
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-17 - Decision of board in adjudicatory matters

Current through Supplement No. 393, July, 2024
Within thirty days after the evidence has been received,
				  briefs filed, and arguments closed in an adjudicatory proceeding before the
				  board, or as soon thereafter as possible, the board shall make and state
				  concisely and explicitly its findings of fact, and its separate conclusions of
				  law, and the decision of the board based upon such findings and conclusions.
				  The board shall give notice of its findings of fact, conclusions of law, and
				  decision by delivering a copy thereof to all parties to the proceeding. Copies
				  of such decisions shall be served either personally or by registered or
				  certified mail.
General Authority:
NDCC
				   28-32-13
Law Implemented:
NDCC
				   4-18.1-20
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-18 - Petition for rehearing in adjudicatory matters

Current through Supplement No. 393, July, 2024
A petition for rehearing of an adjudicatory proceeding must
				  be filed within fifteen days after a copy of the decision of the board has been
				  served. Such petition shall state concisely the alleged errors in the board's
				  decision and the specific grounds relied upon by the petitioner. If an order of
				  the board is sought to be vacated, reversed, or modified by reason of matters
				  that have arisen since the hearing and decision, or by reason of a consequence
				  that would result from the compliance therewith, the matters relied upon by the
				  petitioner shall be set forth in the petition. A petition for rehearing shall
				  be served by the petitioner upon all parties to the proceeding or their
				  attorneys or record, and a certificate to that effect will be forwarded to the
				  board at the time the petition is filed. The original and five copies must be
				  filed with the board. Within ten days following the service of such petition,
				  any party to the proceeding may file with the board the party's answer thereto,
				  and in default thereof shall be deemed to have waived any objection to the
				  granting of such petition. The board may deny such request for a rehearing or
				  may grant the same on such terms as it may prescribe.
General Authority:
NDCC
				   28-32-14
Law Implemented:
NDCC
				   4-18.1-20
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-19 - Appeal in adjudicatory matters

Current through Supplement No. 393, July, 2024
Any party to any adjudicatory proceeding heard by the board
				  may appeal from a decision within thirty days after notice has been given in
				  the manner prescribed in North Dakota Century Code section
				   28-32-15.
General Authority:
NDCC
				   28-32-15
Law Implemented:
NDCC
				   4-18.1-20
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-01 - General Administration › Chapter 51-01-02 - Practice and Procedure Before the Board › Section 51-01-02-20 - Interpretation

Current through Supplement No. 393, July, 2024
If any portion of this chapter is held invalid or
				  unconstitutional, the holding shall not affect the validity of the chapter as a
				  whole, or of any part thereof which can be given effect without the part held
				  to be unconstitutional or invalid.
General Authority:
NDCC
				   4-18.1-20
Law Implemented:
NDCC
				   4-18.1-20
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-02 - Licenses not transferable

Current through Supplement No. 393, July, 2024
Any license issued by the North Dakota milk stabilization
				  board is the property of the person in whose name the license is issued and is
				  not transferable.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-03 - Assessments on sale to a distributor by a processor

Current through Supplement No. 393, July, 2024
It shall be the duty of every processor selling to a
				  distributor to notify the board of the identity and address of such
				  distributor. As an aid to the efficient collection of assessments, each
				  processor shall be responsible for the payment of assessments due on milk sold
				  to distributors.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-02 - Dairy Industry Regulations › Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures › Section 51-02-01-04 - Deductions by processors from dairy farmers

Current through Supplement No. 393, July, 2024
Deductions of any kind from payments due dairy farmers may be
				  made only upon written authorization from dairy farmers, or, in the case of
				  cooperatives, upon formal resolution of the directors at a regular business
				  meeting. A copy of such authorization or resolution shall be retained by the
				  processor as a part of the processor's permanent records for the processor's
				  own protection and for inspection by board representatives.
General Authority:
NDCC
				   4-18.1-01,
				   4-18.1-15
Law Implemented:
NDCC
				   4-18.1-15