reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 67.1 - Education Standards and Practices Board › Article 67.1-02 - Program Approval and Educator Licensure › Chapter 67.1-02-05 - Licensure Policies › Section 67.1-02-05-05 - Foreign transcripts and special needs

Current through Supplement No. 393, July, 2024
The content of the laws and rules for teacher licensure may
				  be fulfilled by providing the required documentation through a third party,
				  private foreign educational credential evaluation service that is a member of
				  the national association of credential evaluation services, authorized by the
				  candidate through a signed, official verification provided to the board in
				  cases where foreign transcripts or adaptations for special needs are
				  involved.
General Authority:
NDCC 15.1-13-09,
					 15.1-13-10
Law Implemented:
NDCC
					 15.1-13-10
North Dakota Administrative Code › Title 67.1 - Education Standards and Practices Board › Article 67.1-02 - Program Approval and Educator Licensure › Chapter 67.1-02-05 - Licensure Policies › Section 67.1-02-05-06 - Levels of licensure

Current through Supplement No. 393, July, 2024
North Dakota professional educator's licenses are categorized
				  into three levels, based upon educational preparation and employment
				  experience, as follows:
1. Level I
				indicates that the licenseholder still has educational or employment
				requirements to meet before receiving the regular level II license, or that
				they are not currently maintaining contracted employment. The licenses in this
				category include the initial license, provisional license, interim emergency
				license, interim reciprocal license, re-entry license, and the two-year
				renewal.
2. Level II indicates that
				the licenseholder has met all of the educational and employment requirements in
				sections
				67.1-02-02-02,
				67.1-02-02-04,
				and
				67.1-02-02-07
				for a regular five-year North Dakota educator's professional license, and has
				less than a master's degree.
3.
				Level III indicates that the licenseholder either:
a. Meets all of the requirements for level II
				regular five-year licensure and has earned advanced degrees beyond the
				bachelor's level (master's, specialist, or doctoral);
b. Holds national board for professional
				teaching standards advanced licensure as stated in subsection 5 of section
				67.1-02-05-04;
				or
c. A life license
				holder.
North Dakota Administrative Code › Title 67.1 - Education Standards and Practices Board › Article 67.1-02 - Program Approval and Educator Licensure › Chapter 67.1-02-06 - Other State Licenses › Section 67.1-02-06-01 - Out-of-state reciprocal licensure

Current through Supplement No. 393, July, 2024
North Dakota has conditional reciprocity with other states.
				  To receive out-of-state reciprocal licensure, an applicant must hold at least a
				  bachelor's degree in education, which includes student teaching from an
				  accredited university from another state, province, or similar jurisdiction, or
				  have completed a state-approved teacher education program and submit a
				  completed application.
1.
Out-of-state reciprocal entrance requirements.
Those who apply to
				the board, meet the minimum reciprocity requirements, and submit a satisfactory
				plan for competing the remaining North Dakota requirements will be issued a
				two-year out-of-state reciprocal license which has a fee of eighty dollars. The
				minimum reciprocity qualifications are:
a. A
				four-year bachelor's degree that includes a major that meets the issuing
				jurisdiction's requirements in elementary education, middle level education, or
				a content area taught in public high school;
b. Completion of a professional education
				sequence from a state-approved teacher education program, including supervised
				student teaching;
c. Fingerprint
				background check as required of all initial applicants; and
d. Submission and education standards and
				practices board approval of a plan to complete all remaining requirements for
				full North Dakota licensure as stated in section
				67.1-02-02-02. That plan will
				include the successful completion of the state-approved test content test in
				the transcripted major area of early childhood, elementary, middle level, or
				the core academic areas. The state-approved test must be completed within the
				first two-year license period.
North Dakota Administrative Code › Title 67.1 - Education Standards and Practices Board › Article 67.1-02 - Program Approval and Educator Licensure › Chapter 67.1-02-06 - Other State Licenses › Section 67.1-02-06-03 - Other state educator license (OSEL)

Current through Supplement No. 393, July, 2024
North Dakota other state educator licensure will be issued to
				  those applicants who hold a regular teaching license or certificate in early
				  childhood, elementary, middle, or secondary education from another state and
				  submit the following:
1. A completed
				application pursuant to section 67.1-02-02-02 for the North Dakota professional
				educator's license;
2. Submission
				to a fingerprint screening for criminal records in accordance with North Dakota
				Century Code section 15.1-13-14;
3.
				Completion and documentation of a four-year bachelor's degree from a
				state-approved teacher education program in a North Dakota-recognized program
				area major, including the professional education sequence and a student
				teaching experience, submission of all fees for initial licensure pursuant to
				section 67.1-02-02-02 and renewal as pursuant to section 67.1-02-02-04;
				and
4. Documentation of a valid
				regular professional educator's license from the issuing state.
An applicant who holds a valid out-of-state license who has
				  completed an alternate certification program will be issued an out-of-state
				  license upon completion of the Praxis I, Praxis II PLT, and Praxis II content
				  specific test.
A license granted under this section is valid for two years
				  if the applicant has not been licensed in another state for at least eighteen
				  months. If the applicant received a teaching license or certificate from
				  another state on or after January 1, 2002, and if the issuing state did not
				  require that the individual pass a state test as a condition of licensure or
				  certification, the board shall require that the individual, within two years
				  from the date of the license, pass all state licensure tests normally required
				  of applicants from this state.
In all other cases, a license granted under this section is
				  valid for five years and is renewable if the licenseholder meets the
				  reeducation requirements established for all five-year license renewals.
A license granted under this section must include all of the
				  applicant's endorsements issued or recognized by the applicant's other state of
				  licensure.
General Authority:
NDCC 15.1-13-09,
					 15.1-13-10
Law Implemented:
NDCC 15.1-13-08, 15.1-13-10,
					 15.1-13-11, 15.1-13-14, 15.1-13-25,
					 15.1-13-26
North Dakota Administrative Code › Title 67.1 - Education Standards and Practices Board › Article 67.1-03 - Educator's Code of Ethics › Chapter 67.1-03-01 - Educator's Code of Ethics › Section 67.1-03-01-01 - Preamble

Current through Supplement No. 393, July, 2024
The educator recognizes that education preserves and promotes
				  the principles of democracy. The educator shares with all other citizens the
				  responsibility for the development of educational policy. The educator acts on
				  the belief that the quality of the services of the education profession
				  directly influences the nation and its citizens. The educator promotes the
				  worth and dignity of each human being and strives to help each student realize
				  the student's potential as a worthy, effective member of society. The educator,
				  therefore, works to stimulate the spirit of inquiry, the acquisition of
				  knowledge and understanding, and the thoughtful formulation of worthy goals.
				  The educator measures success by the progress each student makes toward the
				  realization of the student's potential as an effective citizen. The educator
				  regards the employment agreement as a solemn pledge to be executed both in
				  spirit and in fact in a manner consistent with the highest ideals of
				  professional service. The educator accepts the responsibility to practice the
				  profession according to the highest ethical standards. The educator strives to
				  raise professional standards to improve service and achieve conditions which
				  attract highly qualified persons to the profession.
The following code of professional conduct of the education
				  standards and practices board governs all members of the teaching profession. A
				  violation of this section constitutes grounds for disciplinary action which
				  includes the issuance of a warning or reprimand or both, suspension or
				  revocation of the license of the affected educator, or other appropriate
				  disciplinary action.
General Authority: NDCC 15.1-13-08, 15.1-13-09, 15.1-13-10
					 Law
Implemented: NDCC 15.1-13-08,
					 15.1-13-10
North Dakota Administrative Code › Title 67.1 - Education Standards and Practices Board › Article 67.1-03 - Educator's Code of Ethics › Chapter 67.1-03-01 - Educator's Code of Ethics › Section 67.1-03-01-02 - Principle I - Commitment to the student

Current through Supplement No. 393, July, 2024
In fulfilling obligations to students, the North Dakota
				  educator:
1. Shall not, without just
				cause, deny the student access to varying points of view;
2. Shall not intentionally suppress or
				distort subject matter relevant to a student's academic program;
3. Shall protect the student from conditions
				detrimental to learning or to physiological or psychological
				well-being;
4. Shall not engage in
				physical abuse of a student or sexual conduct with a student and shall report
				to the education standards and practices board knowledge of such an act by an
				educator;
5. Shall not harass,
				discriminate against, or grant a discriminatory advantage to a student on the
				grounds of race, color, creed, sex, national origin, marital status, political
				or religious beliefs, physical or mental conditions, family, social, or
				cultural background, or sexual orientation; shall make reasonable effort to
				assure that a student is protected from harassment or discrimination on these
				grounds; and may not engage in a course of conduct that would encourage a
				reasonable student to develop a prejudice on these grounds;
6. Shall not use professional relationships
				with a student for personal advantage or gain by soliciting, encouraging, or
				consummating an inappropriate written, verbal, electronic, emotional, or
				physical relationship with a student;
7. Shall disclose confidential information
				about individuals, in accordance with state and federal laws, only when a
				compelling professional purpose is served or when required by law;
				and
8. Shall accord just and
				equitable treatment to all students as they exercise their educational rights
				and responsibilities.
General Authority:
NDCC 15.1-13-08,
					 15.1-13-09, 15.1-13-10
Law Implemented:
NDCC 15.1-13-08,
					 15.1-13-10
North Dakota Administrative Code › Title 67.1 - Education Standards and Practices Board › Article 67.1-03 - Educator's Code of Ethics › Chapter 67.1-03-01 - Educator's Code of Ethics › Section 67.1-03-01-03 - Principle II - Commitment to the profession

Current through Supplement No. 393, July, 2024
In fulfilling obligations to the profession, the North Dakota
				  educator:
1. Shall accord just and
				equitable treatment of all members of the profession in the exercise of their
				professional rights and responsibilities;
2. Shall not, on the basis of race, color,
				creed, sex, national origin, marital status, political or religious beliefs,
				physical condition, family, social or cultural background, or sexual
				orientation, deny to a colleague a professional benefit, advantage, or
				participation in any professional organization, nor discriminate in employment
				practice, assignment, or evaluation of personnel;
3. Shall not sexually harass a fellow
				employee;
4. Shall withhold and
				safeguard information acquired about colleagues in the course of employment,
				unless disclosure serves a compelling professional purpose;
5. Shall present complete and accurate
				information on the application for licensure and employment;
6. Shall present complete and accurate
				information on any document in connection with professional responsibilities;
7. Shall present evaluations of
				and recommendations for colleagues fairly, accurately, and professionally;
8. Shall cooperate with the
				education standards and practices board in inquiries and hearings and shall not
				file false complaints or shall not seek reprisal against any individuals
				involved with the complaint;
9.
				Shall not knowingly distort, withhold, or misrepresent information regarding a
				position from an applicant or misrepresent an assignment or conditions of
				employment;
10. Shall not breach a
				professional employment contract;
11. Shall not knowingly assign professional
				duties for which a professional educator's license is required;
12. Shall not accept a gratuity, gift, or
				favor that might influence or appear to influence professional judgement, nor
				offer a gratuity, gift, or favor to obtain special advantage; and
13. Shall exhibit professional conduct in
				safeguarding and maintaining the confidentiality of test materials and
				information.
General Authority: NDCC 15.1-13-08, 15.1-13-09,
					 15.1-13-10
Law Implemented: NDCC 15.1-13-08,
					 15.1-13-10
North Dakota Administrative Code › Title 67.1 - Education Standards and Practices Board › Article 67.1-03 - Educator's Code of Ethics › Chapter 67.1-03-01 - Educator's Code of Ethics › Section 67.1-03-01-04 - Principle III - Commitment to the community

Current through Supplement No. 393, July, 2024
In fulfilling these obligations to the public, the North
				  Dakota educator:
1. Shall distinguish
				between personal views and the views of the employing educational agency;
2. Shall not distort or
				misrepresent the facts concerning educational matter; and
3. Shall not interfere in the exercise of
				political and citizenship rights and responsibilities of others.
General Authority: NDCC 15.1-13-08, 15.1-13-09,
					 15.1-13-10
Law Implemented: NDCC 15.1-13-08,
					 15.1-13-10
North Dakota Administrative Code › Title 67.1 - Education Standards and Practices Board › Article 67.1-03 - Educator's Code of Ethics › Chapter 67.1-03-02 - Fine for Practicing Without A License › Section 67.1-03-02-01 - Fine for practicing without a license

Current through Supplement No. 393, July, 2024
The education standards and practices board may impose a fine
				  against any individual without a valid license for any position requiring a
				  valid professional educator's license in accordance with section
				  67.1-02-01-03.
General Authority: NDCC 15.1-13-09, 15.1-03-17
Law Implemented: NDCC
					 15.1-13-17
North Dakota Administrative Code › Title 67.1 - Education Standards and Practices Board › Article 67.1-03 - Educator's Code of Ethics › Chapter 67.1-03-03 - Application Denial and Appeal › Section 67.1-03-03-01 - Application denial and appeal

Current through Supplement No. 393, July, 2024
The education standards and practices board may deny an
				  application for issuance of a license made by an applicant in accordance with
				  section 67.1-02-02-06.
General Authority: NDCC 15.1-13-06, 15.1-13-10 Law
Implemented: NDCC
					 15.1-13-10
North Dakota Administrative Code › Title 67.1 - Education Standards and Practices Board › Article 67.1-04 - Professional Development › Chapter 67.1-04-01 - State Model for Inservice Education and Professional Development › Section 67.1-04-01-01 - State model for inservice education and professional development

Current through Supplement No. 393, July, 2024
The education standards and practices board shall adopt a
				  model for inservice education and professional development. The model must
				  include the assessment of statewide and professional development needs, a
				  projection of programs responsive to those needs, and the identification of the
				  resources needed to implement those programs.
General Authority: NDCC 15.1-13-09
Law Implemented: NDCC
					 15.1-13-08
North Dakota Administrative Code › Title 67.1 - Education Standards and Practices Board › Article 67.1-04 - Professional Development › Chapter 67.1-04-02 - Professional Development for Licensure Renewal › Section 67.1-04-02-01 - Professional development for licensure renewal

Current through Supplement No. 393, July, 2024
All professional development relicensure credits must meet
				  the professional development requirements approved by the education standards
				  and practices board in accordance with section
				  67.1-02-02-05.
General Authority: NDCC 15.1-13-09
Law Implemented: NDCC
					 15.1-13-08
North Dakota Administrative Code › Title 67.1 - Education Standards and Practices Board › Article 67.1-04 - Professional Development › Chapter 67.1-04-03 - National Board of Professional Teaching Standards Certification › Section 67.1-04-03-01 - National board certification

Current through Supplement No. 393, July, 2024
1.
Definitions.
a. "Board" means the
				education standards and practices board.
b. "Certification" means national board
				certification as provided by the national board.
c. "National board" means the national board
				for professional teaching standards.
North Dakota Administrative Code › Title 67.1 - Education Standards and Practices Board › Article 67.1-04 - Professional Development › Chapter 67.1-04-04 - Teacher Support Program › Section 67.1-04-04-01 - Establishment

Current through Supplement No. 393, July, 2024
1.
Duties.
The education standards and practices board shall:
a. Establish and administer a teacher support
				program; and
b. Employ an
				individual to serve as a teacher support program coordinator.
North Dakota Administrative Code › Title 67.1 - Education Standards and Practices Board › Article 67.1-04 - Professional Development › Chapter 67.1-04-04 - Teacher Support Program › Section 67.1-04-04-02 - Recipients

Current through Supplement No. 393, July, 2024
The education standards and practices board may provide
				  support services to teachers employed by:
1. School districts;
2. Special education units;
3. Area career and technology centers;
4. Regional education
				associations; and
5. Schools
				funded by the bureau of Indian education.
General Authority: NDCC 15.1-13-09, 15.1-13-10
Law Implemented: NDCC 15.1-13-08, 15.1-13-10, 15.1-13-11,
					 15.1-13-12.1, 15.1-13-22, 15.1-18-02, 15.1-18-03; S.L. 2001, ch. 173, §
					 16
North Dakota Administrative Code › Title 67.1 - Education Standards and Practices Board › Article 67.1-04 - Professional Development › Chapter 67.1-04-04 - Teacher Support Program › Section 67.1-04-04-03 - Availability of services

Current through Supplement No. 393, July, 2024
The education standards and practices board will use
				  available moneys it receives for the teacher support system to provide staff
				  compensation, training, evaluation, and stipends for mentors and experienced
				  teachers who assist first-year and nonfirst-year teachers participating in the
				  program, and to pay for any other administrative expenses resulting from the
				  program; provided, however, that the board may not expend more than five
				  percent of the moneys for administrative purposes.
General Authority: NDCC 15.1-13-09, 15.1-13-10
Law Implemented: NDCC 15.1-13-08, 15.1-13-10, 15.1-13-11,
					 15.1-13-12.1, 15.1-13-22, 15.1-18-02, 15.1-18-03; S.L. 2001, ch. 173, §
					 16
North Dakota Administrative Code › Title 68 - Public School Education, Board of › Article 68-01 - General Administration › Chapter 68-01-01 - Organization of Board › Section 68-01-01-01 - Organization and functions of the board of public school education

Current through Supplement No. 393, July, 2024
1.
History.
To consolidate the functions of many
				  boards and committees dealing with education, the 1955 legislative assembly
				  created the board of public school education. The original board consisted of
				  three ex officio members--the governor, attorney general, and the
				  superintendent of public instruction. In addition to the ex officio members,
				  one member was selected by the North Dakota education association and one
				  member was selected by the North Dakota school officials association. The
				  governor served as chairman and the superintendent of public instruction served
				  as executive director and secretary to the board. In 1963 the membership of the
				  board was changed to consist of the superintendent of public instruction, and
				  one qualified elector from each of the following districts within the state, to
				  be appointed by the governor:
a. District one shall consist of the counties of Barnes,
				  Cass, Grand Forks, Griggs, Nelson, Steele, and Traill.
b. District two shall consist of the counties of Benson,
				  Bottineau, Cavalier, McHenry, Pembina, Pierce, Ramsey, Renville, Rolette,
				  Towner, and Walsh.
c. District three shall consist of the counties of Dickey,
				  Emmons, LaMoure, Logan, McIntosh, Ransom, Richland, and Sargent.
d. District four shall consist of the counties of Burleigh,
				  Eddy, Foster, Kidder, McLean, Sheridan, Stutsman, and Wells.
e. District five shall consist of the counties of Burke,
				  Divide, McKenzie, Mountrail, Ward, and Williams.
f. District six shall consist of the counties of Adams,
				  Billings, Bowman, Dunn, Golden Valley, Grant, Hettinger, Mercer, Morton,
				  Oliver, Sioux, Slope, and Stark.
Two members must be members of the school boards'
				  association. The appointed members serve six-year terms, arranged so that one
				  term expires each year. The superintendent of public instruction serves as
				  executive director and secretary of the board.
North Dakota Administrative Code › Title 68 - Public School Education, Board of › Article 68-02 - Rules of Procedure › Chapter 68-02-01 - Tuition Appeals - Rules of Procedure › Section 68-02-01-01 - Notice

Current through Supplement No. 393, July, 2024
After receipt of a tuition appeal under subsection 1 of North
				  Dakota Century Code section   15-40.2-05, the board will provide notice of the
				  hearing to the parent or guardian who is applying for the payment of tuition
				  and the involved school districts at least fifteen days prior to the time the
				  hearing is to be held. The notice period may be shortened in case of an
				  emergency or when agreed to by the involved parties. The notice will state that
				  the board waives the application of the North Dakota Rules of Evidence to the
				  hearing under subsection 1 of North Dakota Century Code section   28-32-06.
General Authority: NDCC 28-32-02(1), 28-32-05(3)(b)
Law Implemented: NDCC 15-40.2-05(1), 28-32-05(3)(b)
North Dakota Administrative Code › Title 68 - Public School Education, Board of › Article 68-02 - Rules of Procedure › Chapter 68-02-01 - Tuition Appeals - Rules of Procedure › Section 68-02-01-02 - Testimony and documentary evidence

Current through Supplement No. 393, July, 2024
At the hearing, the board will consider the findings of the
				  three-member county committee, as well as any other relevant testimony and
				  documentary evidence proffered relating to the factors outlined in subsection 1
				  of North Dakota Century Code section   15-40.2-05. The board waives the
				  application of the North Dakota Rules of Evidence to its hearings on tuition
				  appeals.
General Authority: NDCC 28-32-02(1), 28-32-05(3)(b)
Law Implemented: NDCC 15-40.2-05(1), 28-32-05(3)(b), 28-32-06(1)
North Dakota Administrative Code › Title 68 - Public School Education, Board of › Article 68-02 - Rules of Procedure › Chapter 68-02-01 - Tuition Appeals - Rules of Procedure › Section 68-02-01-03 - Findings, conclusions, and order

Current through Supplement No. 393, July, 2024
Following the board's consideration of the record and the
				  relevant evidence received at the hearing, the board will make findings of fact
				  and conclusions of law with respect to the factors outlined in subsection 1 of
				  North Dakota Century Code section   15-40.2-05, and issue an order regarding the
				  payment of tuition. The order will be mailed by certified mail to all parties.
General Authority: NDCC 28-32-02(1), 28-32-05(3)(b)
Law Implemented: NDCC 15-40.2-05(1), 28-32-05(3)(b)
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-01 - General Administration › Chapter 69-01-01 - Organization of Commission › Section 69-01-01-01 - Organization and functions of the public service commission

Current through Supplement No. 393, July, 2024
1.
Jurisdiction.
The commission's duties are prescribed by the legislative
				assembly. The commission has jurisdiction over railroads, telecommunications
				companies, pipeline, electric, and heating companies, grain elevators and
				warehouses, weights and measures, public auctioneers and auction clerks, siting
				of energy plants and transmission facilities, reclamation of mined lands, and
				all other public utilities engaged in business in this state.
The commission does not have jurisdiction over the rates of
				  rural electric cooperatives, most small telephone companies, or cable
				  television.
2.
Organization.
a. Commissioners.
				The three public service commissioners are statewide elected officials, each
				serving a six-year term with one commissioner's term expiring every two years.
				The commissioners are responsible for the exercise of the powers and duties of
				the commission. Although the workload is divided among the commissioners, each
				commissioner exercises equal power and shares equal responsibility for each
				decision.
b. Executive secretary.
				The public service commission appoints an executive secretary who coordinates,
				supervises, and directs the commission's day-to-day operations and advises and
				assists the commission in the discharge of its statutory responsibilities. The
				executive secretary handles all administrative matters relating to personnel,
				accounting, purchasing, payroll, and budget preparation.
Currently, the executive secretary also serves as the
				  director of the public utilities division.
1
c. Counsel. The attorney general is the
				attorney for the commission, but based on commission recommendation has
				appointed counsel to act as legal advisor to the commission.
d. Commission divisions. The commission has
				seven divisions:
Abandoned mine lands division
Accounting division
Legal division
Licensing division
Public utility division
Reclamation division
Testing and safety division
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-01 - General Provisions › Section 69-02-01-01 - Applicability

Current through Supplement No. 393, July, 2024
This article applies to all proceedings before the public
				  service commission unless inconsistent with a specific statute or rule, in
				  which case the more specific statute or rule applies.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-01 - General Provisions › Section 69-02-01-02 - Address - Sessions

Current through Supplement No. 393, July, 2024
The office of the public service commission is in the state
				  capitol, 600 east boulevard, department 408, Bismarck, North Dakota 58505-0480.
				  The commission is continually in session.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-01 - General Provisions › Section 69-02-01-03 - Communications

Current through Supplement No. 393, July, 2024
All correspondence to and filings with the commission must
				  be on eight and one-half by eleven-inch [21.59 by 27.94-centimeter] paper and
				  must be addressed to:
Executive Secretary
Public Service Commission
State Capitol
Bismarck, North Dakota 58505-0480
Documents must be printed, typewritten, or otherwise
				  mechanically reproduced. The left, top, and bottom margins must be one inch
				  [2.54 centimeters] deep on all pages. Each filing must contain a transmittal
				  letter summarizing the authorization, permission, or relief requested,
				  including the name and address of the person making the filing, and identify
				  each item in the filing.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-01 - General Provisions › Section 69-02-01-04 - Case numbers and title

Current through Supplement No. 393, July, 2024
Each matter before the commission is a case and will be
				  given a docket number and title, descriptive of the subject matter. The number
				  and title must be used on all filings and correspondence concerning the case.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-01 - General Provisions › Section 69-02-01-05 - Personal and representative appearances

Current through Supplement No. 393, July, 2024
Participants may appear in any proceeding in person or by an
				  attorney or other qualified representative.
The following persons may appear in any proceeding: (1) an
				  individual in the individual's own behalf; (2) a member of a partnership; (3)
				  an officer or authorized employee of a corporation, association, group,
				  government agency, department, or subdivision.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-01 - General Provisions › Section 69-02-01-06 - Practice before the commission

Current through Supplement No. 393, July, 2024
1.
Party in own interest.
Any party may appear before the commission
				in the party's own right.
2.
Attorneys.
Attorneys at law who are admitted to practice in North
				Dakota and, with the commission's permission, attorneys admitted to practice in
				any other jurisdiction may practice before the commission.
3.
Other persons.
Any other
				person who possesses the necessary legal or technical qualifications to enable
				the person to render valuable service may, with the commission's permission,
				practice before the commission.
4.
Rules of conduct.
All persons appearing before the commission must
				conform to the standards of ethical conduct required of practitioners before
				the courts of the state of North Dakota. The commission or a hearing officer
				may bar a person from appearing before the commission for improper conduct.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-01 - General Provisions › Section 69-02-01-07 - Parties

Current through Supplement No. 393, July, 2024
1.
Classification.
Parties to proceedings before the commission are
				designated as applicants, complainants, petitioners, intervenors, protestants,
				or respondents, according to the nature of the proceeding and the party's
				interest.
2.
Applicant.
An applicant is a person filing a formal written request with the
				commission for some right, privilege, or authorization.
3.
Complainant.
A complainant is
				a person who complains to the commission of acts done or omitted to be done in
				violation of law, rule, or order.
4.
Petitioner.
A petitioner is a
				person seeking relief not otherwise designated.
5.
Intervenor.
An intervenor is
				a person, other than an original party to a pending proceeding, who becomes a
				party under section
				69-02-02-05. Admission as an
				intervenor shall not be construed as recognition by the commission that the
				intervenor might be aggrieved by any order of the commission in the proceeding.
6.
Protestant.
A
				protestant is a person opposing on grounds of private or public interest the
				approval of an application, petition, motion, or other matter under
				consideration by the commission.
7.
Respondent.
A respondent is a
				person subject to the authority of the commission to whom an order or notice is
				issued by the commission instituting a proceeding or investigation on its own
				initiative or against whom a complaint is filed.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-01 - General Provisions › Section 69-02-01-08 - Investigation

Current through Supplement No. 393, July, 2024
The commission may, upon its own motion or upon the
				  complaint of any person, institute investigation proceedings and hold
				  investigatory hearings in any matter under its jurisdiction. In addition to the
				  evidence presented by the parties, the commission may, through its staff or
				  otherwise, secure and present such evidence as it considers necessary or
				  desirable in any proceeding.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 28-32-08,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-01 - General Provisions › Section 69-02-01-09 - Definitions

Current through Supplement No. 393, July, 2024
As used in this article except as otherwise required by the
				  context:
1. "Commission" and "commissioner" mean the public service
				  commission, and a member thereof, respectively.
2. "Commission's staff" includes the commission's experts,
				  employees, and attorneys.
3. "Executive secretary" means the executive secretary or
				  office of the executive secretary of the commission.
4. "Hearing officer" includes any one or more of the members
				  of the commission duly designated, or one or more hearing officers appointed
				  according to law and duly designated to preside at hearings or conferences.
5. "Participants" includes any party or person admitted by
				  the commission to participate in a proceeding, including the commission's
				  staff.
6. "Person" includes any individual, partnership,
				  corporation, association, organized group including governmental agencies and
				  subdivisions and trade associations.
7. "Public utility" includes any association, person, firm,
				  corporation, or agency engaged or employed in any business which is under the
				  jurisdiction of the commission. (See North Dakota Century Code section
				  49-01-01.)
8. "Tariff" includes any rate, joint rate, fare, toll,
				  schedule, price schedule, classification, contract, practice, rule, regulation,
				  or service, which is required by law to be filed with the commission.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-01 - General Provisions › Section 69-02-01-10 - Liberal construction

Current through Supplement No. 393, July, 2024
This article shall be liberally construed to secure just,
				  speedy, and inexpensive determination of the issues presented.
General Authority:
NDCC
				  28-32-02
Law Implemented:
NDCC
				  49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-01 - General Provisions › Section 69-02-01-11 - Suspension of rules

Current through Supplement No. 393, July, 2024
The commission reserves the right to suspend, either upon
				  its own motion or upon the motion of any party, the operation of or necessity
				  for compliance with any rule of procedure or part thereof, upon due notice to
				  all parties, whenever the public interest or the interest of any party to a
				  proceeding will not be substantially prejudiced thereby.
General Authority:
NDCC
				  28-32-02
Law Implemented:
NDCC
				  49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-02 - Pleadings › Section 69-02-02-01 - Informal complaint

Current through Supplement No. 393, July, 2024
1.
Form and disposition.
Informal complaints may be made orally or in
				writing. Letters to the commission will be considered informal complaints.
				Informal complaints may be handled by any of the following methods:
a. Correspondence or other informal
				communications.
b. Conference with
				the parties.
c. Formal
				investigation upon motion of the commission.
d. Any other appropriate manner to bring
				about a resolution without formal hearing.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-02 - Pleadings › Section 69-02-02-02 - Formal complaints

Current through Supplement No. 393, July, 2024
1.
Complaints.
Complaints may
				be made by the commission on its own motion, or by any person. Complaints will
				be in writing and set forth the act or omission complained of. If the complaint
				is against the reasonableness of any rate or charge of any heat, gas, or
				electrical public utility, the commission cannot entertain it unless it is
				signed by the governing body of the county or city, if any, within which the
				alleged violation occurred, or by not less than ten percent of the consumers or
				purchasers of such heat, gas, or electrical service.
2.
Form and content.
A formal
				complaint must show the venue, "Before the Public Service Commission of North
				Dakota" and will contain a heading showing the name of the complainant and the
				name of each respondent. The complaint must include the name, address, and
				telephone number of each complainant's attorney, if any. The complaint will be
				drawn to fully advise the respondent and the commission of the factual and
				legal grounds of the complaint, the injury complained of, and the specific
				relief sought.
3.
Number of
				copies.
At the time the complaint is filed, the complainant must also
				file a copy for each respondent plus seven additional copies.
4.
Sufficiency of complaint.
Upon the filing of a formal complaint, the commission will determine whether it
				states a prima facie case and conforms to this article. If the complaint does
				not state a prima facie case or does not conform to this article, the
				commission will notify the complainant and provide the complainant an
				opportunity to amend within a specified time. If the complaint is not amended,
				it will be dismissed. The filing of an answer is not an admission of the
				sufficiency of the complaint.
5.
Service.
a. If the complaint is
				sufficient, the commission will serve a copy of the complaint on each
				respondent.
b. The commission will
				serve the complaint and notice of hearing personally or by certified mail at
				least forty-five days before the time specified for hearing. The complaint must
				be served at least forty-five days before the date of the hearing. Service of a
				complaint and notice of hearing may be waived, in writing, by the respondent.
				The parties may agree upon a time and place for hearing, with the consent of
				the commission.
c. In case of an
				emergency, the commission may notice a proceeding for hearing upon its merits
				upon less than forty-five days' notice. The time provided for the respondent's
				answer must be adjusted accordingly.
d. Notwithstanding subparagraph c, hearings
				on a renewal, suspension, or revocation of a license may not be held on less
				than ten days' notice, unless a statute specifically allows or requires
				suspension or revocation without a hearing.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-02 - Pleadings › Section 69-02-02-03 - Answers

Current through Supplement No. 393, July, 2024
1.
Filing.
Answers to complaints
				must be filed within twenty days after service of the complaint.
2.
Content.
Each answer must
				contain:
a. The title of the proceeding and
				docket number;
b. The name and
				address of each answering party;
c.
				A specific denial of each material allegation of the complaint which is
				controverted by the respondent;
d.
				A statement of any new matter which may constitute a defense; and
e. The name, address, and telephone number of
				each of the respondent's attorneys, if any.
If the answering party has no information or belief upon the
				  subject sufficient to enable the party to answer an allegation of the
				  complaint, the party may so state in the answer and place the denial upon that
				  ground.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-02 - Pleadings › Section 69-02-02-04 - Application

Current through Supplement No. 393, July, 2024
An application is a proceeding seeking some right,
				  privilege, or authorization which the commission may give under statutory or
				  other authority administered by it.
1.
Contents.
Applications must
				be in writing and must:
a. Set forth the full
				name and post-office address of the applicant;
b. State clearly and concisely the
				authorization or permission sought; and
c. Cite by appropriate reference the
				statutory provision or other authority under which the commission authorization
				or permission is sought.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-02 - Pleadings › Section 69-02-02-05 - Intervention

Current through Supplement No. 393, July, 2024
Any person with a substantial interest in a proceeding may
				  petition to intervene in that proceeding by complying with this section. An
				  intervention may be granted if the petitioner has a statutory right to be a
				  party to the proceeding; or the petitioner has a legal interest which may be
				  substantially affected by the proceeding, and the intervention would not unduly
				  broaden the issues or delay the proceeding. The commission may impose
				  conditions and limitations on an intervention to promote the interests of
				  justice.
1.
Contents of
				petition to intervene.
A petition to intervene must be in writing and
				must set forth the grounds for intervention, the position and interest of the
				petitioner in the proceeding, what the petitioner would contribute to the
				hearing, and whether the petitioner's position is in support of or in
				opposition to the relief sought.
2.
When filed.
A petition to
				intervene in any proceeding must be filed at least ten days prior to the
				hearing, but not after except for good cause shown.
3.
Number of copies.
The
				petitioner will serve a copy of the petition on each party to the proceeding
				and will file with the commission the original and seven copies.
4.
Effect.
Admission as an
				intervenor shall not be construed as recognition by the commission that such
				intervenor might be aggrieved by an order of the commission in such proceeding.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 28-32-08.2,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-02 - Pleadings › Section 69-02-02-06 - Extensions of time

Current through Supplement No. 393, July, 2024
A request for an extension of time must be by timely written
				  motion stating the facts on which the motion rests.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-02 - Pleadings › Section 69-02-02-07 - Amendments and withdrawals

Current through Supplement No. 393, July, 2024
1.
Amendments.
The commission may, after notice to the other parties
				to a proceeding, allow any pleading to be amended and may permit any party
				affected by the amendment a reasonable time to prepare to meet the changed
				issues. If the amendment is to an application by a public utility for a rate
				increase based in whole or in part on the utility's revenue and profitability,
				and the amendment substantially changes the application, the change must be
				considered a new filing under North Dakota Century Code section
				49-05-06.
2.
Withdrawals.
A participant
				desiring to withdraw a pleading filed with the commission may file a notice of
				withdrawal. The notice must set forth the reason for the withdrawal. A copy of
				the withdrawal notice must be served upon all other participants and a
				certificate of service to that effect must be filed with the notice of
				withdrawal. This section does not allow, without express permission of the
				commission, withdrawal of any pleading in any proceeding in which a hearing has
				been held or convened.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 28-32-08.1,
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-02 - Pleadings › Section 69-02-02-07.1 - Amendment at hearing

Current through Supplement No. 393, July, 2024
Substantial change from or amendment to the original
				  application which occurs during hearing must be considered an amendment to the
				  pleadings under section
				  69-02-02-07.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-02 - Pleadings › Section 69-02-02-08 - Motion

Current through Supplement No. 393, July, 2024
All motions shall be in writing, unless made at a hearing,
				  and shall be served on the other parties to the proceeding.
1.
Argument.
The commission may
				set any motion for oral argument.
2.
Disposition.
The hearing
				officer designated to preside at a hearing is authorized to rule upon any
				motion not formally acted upon by the commission prior to the commencement of
				the hearing, if an immediate ruling is essential in order to proceed with the
				hearing. If a ruling upon a motion would involve or constitute a final
				determination of the proceeding, the motion may not be ruled upon by a hearing
				officer.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-01-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-02 - Practice and Procedure › Chapter 69-02-02 - Pleadings › Section 69-02-02-09 - Show cause orders

Current through Supplement No. 393, July, 2024
1. The
				commission may, by order, compel any person to whom it has granted authority to
				show cause why the authority should not be suspended, changed, or revoked in
				whole or in part. The term "authority" includes a certificate, license, and
				permit.
2. The commission may, by
				order, compel any person subject to its jurisdiction to show cause why the
				person has failed to comply with applicable laws, rules, or orders of the
				commission.
3. The order to show
				cause shall specifically advise the respondent of the violation and of the time
				and place of the hearing on the order.
4. An order to show cause must be accompanied
				by an affidavit setting forth the specific factual and statutory basis upon
				which the order was issued.
5. At
				the conclusion of show cause proceedings, the commission may enter a cease and
				desist order or any order it deems just and reasonable.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-01-07