reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-12 - Concealed Firearms and Dangerous Weapons › Chapter 10-12-01 - Concealed Firearms and Dangerous Weapons License › Section 10-12-01-15 - Denial, revocation, or cancellation of test administrator certification

Current through Supplement No. 393, July, 2024
The director may deny, revoke, or cancel test administrator
				  certification. Grounds for denial, revocation, or cancellation include:
1. The test administrator is prohibited from
				owning, possessing, or having a firearm under North Dakota Century Code section
				62.1 -02-01 or under federal law;
2. The test administrator has committed any
				other violation of North Dakota Century Code title 62.1;
3. The test administrator willfully submitted
				false material information for the purposes of obtaining test administrator
				certification or renewal;
4. The
				test administrator has failed to follow the approved procedures for the
				issuance of a concealed weapons license;
5. The test administrator has willfully
				submitted false material information concerning the training or testing
				conducted for a concealed weapons license; or
6. The test administrator has not filed a
				completed application for certification as a test administrator or has not met
				the requirements for certification as a test administrator.
Denial, revocation, suspension, or cancellation of test
				  administrator certification based on self-disclosure of a violation or
				  violations will be determined on a case by case basis.
General Authority:
NDCC 62.1-04-03
Law Implemented:
NDCC
					 62.1-04-03(1)(d)
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-12 - Concealed Firearms and Dangerous Weapons › Chapter 10-12-01 - Concealed Firearms and Dangerous Weapons License › Section 10-12-01-16 - Requirements for materials accompanying concealed weapons license application

Current through Supplement No. 393, July, 2024
1.
				Fingerprints for a concealed weapons license may be taken by:
a. A test administrator who has been
				authorized by the agency; or
b. Law
				enforcement personnel who have been trained to take fingerprints.
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-01 - Reporting of Criminal History Record Information › Section 10-13-01-01 - Reporting forms

Current through Supplement No. 393, July, 2024
Criminal justice agencies required by law to report criminal
				  history record information to the bureau shall adhere to procedures and use
				  electronic or paper formats prescribed by the bureau.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.1,
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-01 - Reporting of Criminal History Record Information › Section 10-13-01-02 - Reporting to federal bureau of investigation prohibited

Current through Supplement No. 393, July, 2024
Arresting agencies may not report criminal history
				  information directly to the federal bureau of investigation. Only the bureau
				  may submit criminal history record information directly to the federal bureau
				  of investigation.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-01 - Reporting of Criminal History Record Information › Section 10-13-01-03 - Biometric data submission

Current through Supplement No. 393, July, 2024
Criminal justice agencies shall submit biometric data to the
				  bureau in the electronic or paper format prescribed by the bureau for each
				  reportable event.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.2,
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-02 - Collecting Criminal History Record Information › Section 10-13-02-01 - Bureau responsibility

Current through Supplement No. 393, July, 2024
The bureau shall establish procedures and electronic or paper
				  formats for collecting criminal history record information from criminal
				  justice agencies, including methods to facilitate the collection of prosecution
				  or disposition information or reportable events relating to initial arrest
				  reports.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.2,
					 12-60-16.3,
					 12-60-16.4
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-03 - Maintaining Criminal History Record Information › Section 10-13-03-01 - Rules apply to manual and automated systems

Current through Supplement No. 393, July, 2024
Criminal history record information may be maintained in
				  manual files or in electronic criminal history files.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-03 - Maintaining Criminal History Record Information › Section 10-13-03-02 - Local criminal history records

Current through Supplement No. 393, July, 2024
Local criminal justice agencies may compile and maintain
				  criminal history records, as defined by North Dakota Century Code section
				  12-60-16.1, based on information
				  generated within and by actions of an agency, or agencies in the case of joint
				  or shared record systems.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.1,
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-03 - Maintaining Criminal History Record Information › Section 10-13-03-03 - Rules governing local criminal history records

Current through Supplement No. 393, July, 2024
Criminal history records maintained by local criminal justice
				  agencies are subject to the requirements of North Dakota Century Code chapter
				  12-60 and this article and may be audited by the bureau for
				  compliance.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-04 - Exchanging Criminal History Record Information › Section 10-13-04-01 - Limitation on use of exchanged information

Current through Supplement No. 393, July, 2024
Criminal history record information exchanged between
				  criminal justice agencies for criminal justice purposes may not be used or
				  disseminated for purposes other than those for which it was originally
				  obtained.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-04 - Exchanging Criminal History Record Information › Section 10-13-04-02 - Exchange log

Current through Supplement No. 393, July, 2024
Criminal justice agencies shall maintain a transaction log of
				  requests received for criminal history record information and their response to
				  those requests for a minimum of three years. The log must include:
1. Name of record subject.
2. Requesting agency.
3. Officer name or unit number.
4. Date of request.
5. Type of response and indicating record
				exchange or no record.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3,
					 12-60-16.5
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-04 - Exchanging Criminal History Record Information › Section 10-13-04-03 - Disclosure for national security purposes

Current through Supplement No. 393, July, 2024
Criminal justice agencies shall release criminal history
				  record information to the department of defense , department of state,
				  department of transportation, office of personnel management, central
				  intelligence agency , and federal bureau of investigation as required under
				  federal law if the following requirements are met:
1. The requesting federal agency provides its
				legal authorization to the bureau or criminal justice agency.
2. The request relates to an individual under
				investigation by the department of defense, department of state, department of
				transportation, office of personnel management, central intelligence agency, or
				the federal bureau of investigation for the purpose of determining eligibility
				for a security clearance, access to classified information , assignment to or
				retention in sensitive national security duties, acceptance or retention in the
				armed forces, appointment, retention, or assignment to a position of public
				trust or a critical or sensitive position while either employed by the federal
				government or performing a federal government contract.
3. The requesting federal agency has received
				a written consent from the individual under investigation to authorize
				disclosure of criminal history record information for the purposes specified in
				this rule.
4. The request for
				record check is written and contains the biometric data of the record subject,
				or if the request is made without the submission of biometric data, the request
				must also include the name of the record subject and at least two items of
				information used to retrieve criminal history records, including:
a. The state identification number assigned
				to the record subject by the bureau.
b. The social security number of the record
				subject.
c. The date of birth of
				the record subject.
d. A specific
				reportable event identified by date and by either a criminal justice agency or
				a court.
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-05 - Disseminating Criminal History Record Information › Section 10-13-05-01 - Criminal justice agency response to dissemination requests

Current through Supplement No. 393, July, 2024
Criminal justice agencies receiving requests for criminal
				  history record information from noncriminal justice sources shall refer those
				  requests to the bureau. Only the bureau may disseminate criminal history record
				  information for noncriminal justice purposes.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC ,
					 12-60-16.6,
					 12-60-16.7
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-05 - Disseminating Criminal History Record Information › Section 10-13-05-02 - Bureau handling of dissemination requests

Current through Supplement No. 393, July, 2024
The bureau shall provide forms and establish and publish
				  procedures for noncriminal justice entities to acquire criminal history record
				  information.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3,
					 12-60-16.6,
					 12-60-16.7
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-05 - Disseminating Criminal History Record Information › Section 10-13-05-03 - Fee for record check

Current through Supplement No. 393, July, 2024
Requests from noncriminal justice agencies for criminal
				  history record checks must be accompanied by payment in the amount required in
				  North Dakota Century Code section
				  12-60-16.9. Checks, money orders,
				  or purchase orders must be made payable to the "Attorney General's Office". Any
				  request that does not include the statutory fee will not be processed and will
				  be returned to the requesting party. A receipt for payment of the fee will be
				  provided to the requesting party.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3,
					 12-60-16.9
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-05 - Disseminating Criminal History Record Information › Section 10-13-05-04 - Dissemination log

Current through Supplement No. 393, July, 2024
The bureau shall maintain a transaction log of all requests
				  for criminal history record checks, and in those cases in which criminal
				  history record information is released, the details of the release must be
				  recorded. In those cases in which dissemination is prohibited under state or
				  federal law, the reason for not disseminating criminal history record
				  information must be recorded. The recording agency shall maintain the
				  dissemination log for a minimum of three years.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3,
					 12-60-16.5,
					 12-60-16.6,
					 12-60-16.7
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-05 - Disseminating Criminal History Record Information › Section 10-13-05-05 - Retention of fingerprints and identifying information for rap back purposes

Current through Supplement No. 393, July, 2024
The bureau and the federal bureau of investigation may retain
				  fingerprints and other identifying information obtained through the criminal
				  history record information background investigation process for rap back at the
				  request of the agency, official, or entity that submitted the fingerprints and
				  other identifying information. The subject of the record request must be
				  provided notice of the retention of the fingerprints and other identifying
				  information. Fingerprints and other identifying information may be searched
				  against future submissions, including latent fingerprint
				  searches.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3,
					 12-60-24
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-06 - Security of Criminal History Record Information › Section 10-13-06-01 - Policies and procedures required

Current through Supplement No. 393, July, 2024
All criminal justice agencies maintaining criminal history
				  record systems, whether manual or automated must have written policies and
				  procedures to protect criminal history data from unauthorized access. Written
				  policies and procedures must include :
1. Designation of personnel authorized access
				to criminal history files.
2.
				Screening of personnel authorized access.
3. Screening of noncriminal justice personnel
				with access or work proximity to criminal history record information, including
				information technology personnel, contractors, maintenance personnel, and
				nonagency janitorial personnel.
4.
				Supervision of personnel with access or proximity to criminal history record
				information.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-06 - Security of Criminal History Record Information › Section 10-13-06-02 - Facilities

Current through Supplement No. 393, July, 2024
All criminal justice agencies maintaining criminal history
				  record systems must have adequate facilities and security systems to protect
				  criminal history data from unauthorized access. Buildings and rooms used for
				  criminal history record information maintenance and storage must be constructed
				  and utilized to prevent unrestricted physical access by unauthorized
				  persons.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-06 - Security of Criminal History Record Information › Section 10-13-06-03 - Automated systems

Current through Supplement No. 393, July, 2024
Criminal justice agencies operating automated criminal
				  history record information systems must provide :
1. Access to only authorized individuals and
				agencies using secure passwords. Authorized individuals may not disclose
				passwords.
2. Security against
				tampering or destruction of the criminal history record information
				system.
3. Detection and logging of
				unauthorized attempts to access the criminal history record information
				system.
4. Protection of criminal
				history record information system software.
5. Compliance with the security requirements
				under 28 C.F.R. Part 20 and NCIC.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-07 - Inspection and Challenge of Criminal History Record Information by a Record Subject › Section 10-13-07-01 - Inspection

Current through Supplement No. 393, July, 2024
A record subject may, upon submission of a written request
				  and verification of identity, review, without undue burden to either the
				  criminal justice agency or the record subject, any criminal history record
				  information maintained by any criminal justice agency about the record
				  subject.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-07 - Inspection and Challenge of Criminal History Record Information by a Record Subject › Section 10-13-07-02 - Record subject identification

Current through Supplement No. 393, July, 2024
Satisfactory verification of identity may include fingerprint
				  comparison or presentation of a current government-issued photo-identification
				  , including a driver's license or passport. If fingerprint comparison is
				  required for positive identification, the record subject may be required to
				  return at a later date to the agency where the inspection was
				  requested.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3,
					 12-60-16.6
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-07 - Inspection and Challenge of Criminal History Record Information by a Record Subject › Section 10-13-07-03 - Inspection by representative

Current through Supplement No. 393, July, 2024
A representative of a record subject shall present a power of
				  attorney , notarized authorization, or satisfactory proof of authority as a
				  legal representative of the record subject before being allowed to view the
				  information on file for the record subject.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.1(9),
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-07 - Inspection and Challenge of Criminal History Record Information by a Record Subject › Section 10-13-07-04 - Inspection of local and state central repository records

Current through Supplement No. 393, July, 2024
A record subject may make a request to any criminal justice
				  agency in North Dakota to inspect the subject's criminal history record, if
				  any, retained by that agency and by the bureau. The record subject shall
				  provide satisfactory verification of identity before the agency may permit the
				  record subject to inspect the records.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-07 - Inspection and Challenge of Criminal History Record Information by a Record Subject › Section 10-13-07-05 - Request for inspection from out-of-state

Current through Supplement No. 393, July, 2024
A request for inspection of a criminal history record must be
				  made in person at a criminal justice agency by the record subject or an
				  authorized representative of the record subject. Requests made by mail or any
				  other means from out-of-state may not be processed by the receiving agency or
				  the bureau.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-07 - Inspection and Challenge of Criminal History Record Information by a Record Subject › Section 10-13-07-06 - Notification of record availability

Current through Supplement No. 393, July, 2024
Criminal justice agencies shall notify the record subject
				  when the subject's record is available for review and shall establish a time
				  within normal working hours when that review can take place.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-07 - Inspection and Challenge of Criminal History Record Information by a Record Subject › Section 10-13-07-07 - Negative response to request for inspection

Current through Supplement No. 393, July, 2024
A criminal justice agency or the bureau may deny inspection
				  of a record if the record subject is not satisfactorily identified. Agencies or
				  the bureau shall also respond negatively if no record is found for the
				  individual. The agency or the bureau shall notify the individual in writing of
				  the reason for the negative response and the right to challenge the
				  denial.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3,
					 12-60-16.7
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-07 - Inspection and Challenge of Criminal History Record Information by a Record Subject › Section 10-13-07-08 - Record copies restricted

Current through Supplement No. 393, July, 2024
Individuals inspecting criminal history records may make
				  notes of the information in the record but may not receive a copy of the record
				  unless the record subject intends to challenge the information in the record.
				  If a a record subject challenges information in a criminal history record, the
				  criminal justice agency or the bureau shall limit copies of the record to those
				  portions of the record that have been challenged.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-07 - Inspection and Challenge of Criminal History Record Information by a Record Subject › Section 10-13-07-09 - Challenge of denial to inspect

Current through Supplement No. 393, July, 2024
If an agency or the bureau denies a record subject the right
				  to inspect the subject's criminal history record, the subject may challenge the
				  denial by submitting a challenge form and a complete set of fingerprints within
				  ten days of the denial to the administrator of the agency which has issued the
				  denial.
The agency administrator shall allow inspection of the
				  records requested or respond to the record subject with written findings why
				  the denial is upheld.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-07 - Inspection and Challenge of Criminal History Record Information by a Record Subject › Section 10-13-07-10 - Challenge of completeness and accuracy

Current through Supplement No. 393, July, 2024
A record subject may challenge the completeness or accuracy,
				  or both, of specific criminal history record entries pertaining to the record
				  subject and request incomplete or inaccurate entries be corrected. Upon
				  challenge, the criminal justice agency originating the record entries shall
				  review the alleged incomplete or incorrect entries, and shall notify the record
				  subject, in writing, of the results of the review within twenty working days of
				  the receipt of the challenge.
The record subject shall specify in writing the incomplete or
				  inaccurate entries and what are complete or correct entries.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-07 - Inspection and Challenge of Criminal History Record Information by a Record Subject › Section 10-13-07-11 - Forwarding challenge forms to originating agency

Current through Supplement No. 393, July, 2024
If the reviewing agency is not also the originating agency,
				  the original challenge form and any related documents must be forwarded to the
				  originating agency, or, in the case of challenges claiming incompleteness, to
				  the agency that can verify the notations which, according to the record
				  subject, should be included in the record. The reviewing agency shall retain a
				  copy of the original challenge form.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-07 - Inspection and Challenge of Criminal History Record Information by a Record Subject › Section 10-13-07-12 - Notification of corrections to a criminal history record

Current through Supplement No. 393, July, 2024
In the event an originating criminal justice agency corrects
				  criminal history record entries , the originating agency shall notify all
				  criminal justice and noncriminal justice agencies that have received the
				  erroneous information within the year preceding the challenge of the
				  corrections.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-08 - Auditing of Criminal History Record Information › Section 10-13-08-01 - Auditing local criminal history record systems

Current through Supplement No. 393, July, 2024
The bureau shall conduct annual audits of a representative
				  sample of local criminal justice agencies to ensure completeness and accuracy
				  of criminal history record information and to ensure compliance with legal
				  requirements for the reporting, collection, maintenance, and dissemination of
				  criminal history record information. Audits must be conducted to ascertain
				  compliance with North Dakota Century Code sections
				  12-60-16.1 through
				  12-60-24 and this article. Upon
				  completion of each audit, the bureau shall submit to the attorney general a
				  written report setting forth the audit methodology and a summary of findings
				  and recommendations.
The audits of state and local agencies must include: an
				  inspection of facilities and equipment; observation of equipment and
				  procedures; interviews with management and staff personnel; examination of
				  files, documents, and other material; analysis of record samples; and review of
				  all relevant written standards, guidelines, regulations, manuals, and training
				  materials.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-08 - Auditing of Criminal History Record Information › Section 10-13-08-02 - Auditing of bureau

Current through Supplement No. 393, July, 2024
The bureau shall conduct an annual audit of the state central
				  repository for criminal history record information. This audit will examine
				  compliance with North Dakota Century Code sections
				  12-60-16.1 through
				  12-60-24, this article, and the
				  policies and procedures established for operation of the bureau's central
				  repository. The results of such audit must be reported to the attorney
				  general.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-09 - Agreements Between the Bureau and Criminal Justice Agencies › Section 10-13-09-01 - Agreements between the bureau and criminal justice agencies

Current through Supplement No. 393, July, 2024
Any formal agreement required by state or federal law between
				  criminal justice agencies must be in the form required by the
				  bureau.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3,
					 12-60-16.5
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-10 - Use of Criminal History Record Information for Research and Statistics › Section 10-13-10-01 - Purposes warranting disclosure

Current through Supplement No. 393, July, 2024
The bureau may disclose criminal history record information
				  for research and statistics for bona fide studies and analyses , including the
				  incidence of crime, recidivism, demographic trends, or the administration of
				  criminal justice.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-10 - Use of Criminal History Record Information for Research and Statistics › Section 10-13-10-02 - Disclosure of personal identifiers

Current through Supplement No. 393, July, 2024
Criminal history records may be disclosed in a form that
				  identifies record subjects for the purposes authorized in section
				  10-13-10-01 if the results will
				  only be released to the public in statistical, aggregate, and anonymous form
				  and published information does not disclose the identity of record subjects. If
				  the purposes of the study and analysis can be accomplished without access to
				  personal identifiers, the required data will be made available without personal
				  identifiers.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-10 - Use of Criminal History Record Information for Research and Statistics › Section 10-13-10-03 - Written agreement required

Current through Supplement No. 393, July, 2024
The recipient of criminal history record information for
				  research and statistical purposes shall execute a written agreement with the
				  bureau that defines the purposes of the study or analysis, the intended use of
				  the information, and establishes safeguards to assure the integrity,
				  confidentiality, and security of the information. The recipient may not use the
				  information for purposes other than those specified in the agreement or
				  disclose information in a form that identifies the record subject without the
				  express written authorization of the record subject.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-11 - Purging and Sealing of Criminal History Record Information › Section 10-13-11-01 - Court order required

Current through Supplement No. 393, July, 2024
Criminal history records, or portions thereof, may be purged
				  or sealed only when expressly authorized by state or federal law and pursuant
				  to a court order from a court of competent jurisdiction.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-11 - Purging and Sealing of Criminal History Record Information › Section 10-13-11-02 - Purging limited

Current through Supplement No. 393, July, 2024
Purging must be accomplished so as to retain records or
				  portions of records which are not the direct objective of a purge order.
				  Agencies may destroy an entire record, including biometric data, photos, and
				  arrest and disposition data, or they may destroy only specific portions of a
				  record to accomplish the required purge.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-11 - Purging and Sealing of Criminal History Record Information › Section 10-13-11-03 - Access to sealed records

Current through Supplement No. 393, July, 2024
Criminal justice agencies may access sealed records for the
				  following purposes:
1. Records
				management.
2. Review by the record
				subject.
3. Authorized research and
				statistical purposes.
4. Upon court
				order from a court of competent jurisdiction.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-11 - Purging and Sealing of Criminal History Record Information › Section 10-13-11-04 - Methods of sealing

Current through Supplement No. 393, July, 2024
Records may be sealed by attaching a special marking to
				  sealed files, or by removal from the general record file and storage in a
				  separate, secured file. In automated systems, sealing must be accomplished by
				  limiting access to the sealed records or portions of the records to specific
				  terminals or specifically authorized persons, or to specific terminals and
				  specifically authorized persons.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-12 - Agency Responsibility for Reporting Criminal History Record Information › Section 10-13-12-01 - Criminal justice agencies

Current through Supplement No. 393, July, 2024
Criminal justice agencies shall report the following
				  reportable events and information to the bureau:
1. Arrests.
a. Biometric data.
b. Physical description.
c. Charges.
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-12 - Agency Responsibility for Reporting Criminal History Record Information › Section 10-13-12-02 - Prosecuting attorneys

Current through Supplement No. 393, July, 2024
Prosecuting attorneys shall report the following events and
				  information to the bureau:
1. Charges
				filed.
2. Charges added subsequent
				to the filing of a criminal case.
3. Decisions not to file charges after a
				reported arrest.
4. Judgments of
				not guilty.
5. Judgments of guilty,
				including the sentence imposed.
6.
				Dismissal of charges.
7. Reversal
				of conviction.
8. Remand.
9. Vacation of sentence.
10. Sentence amendment or
				modification.
11. Judgment or order
				modifying or terminating probation.
12. Judgment or order revoking probation,
				including resentencing and the sentence imposed.
13. Deferred imposition of sentence or
				suspended sentence.
14. Death of
				defendant prior to trial.
15.
				Deferred prosecution or pretrial diversion of offenses under rule 32.2 of the
				North Dakota rules of criminal procedure.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.2,
					 12-60-16.3,
					 12-60-16.4
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-12 - Agency Responsibility for Reporting Criminal History Record Information › Section 10-13-12-03 - Local and regional correctional facilities

Current through Supplement No. 393, July, 2024
1. Local and regional correctional facilities
				shall report to the bureau the following events and information:
a. Receipt of an inmate.
b. Escape of an inmate.
c. Death of an inmate.
d. Release of an inmate from
				custody.
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-12 - Agency Responsibility for Reporting Criminal History Record Information › Section 10-13-12-04 - North Dakota department of corrections and rehabilitation

Current through Supplement No. 393, July, 2024
The department of corrections and rehabilitation shall report
				  to the bureau the following events and information:
1. Receipt of an inmate.
2. Escape of an inmate.
3. Death of an inmate.
4. Release of an inmate from
				custody.
5. Transfer of an inmate
				to an out-of-state correctional facility
6. Admission of an offender to supervision of
				probation or parole under the interstate compact for adult offender
				supervision.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.2,
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-12 - Agency Responsibility for Reporting Criminal History Record Information › Section 10-13-12-05 - Pardon advisory board and parole board

Current through Supplement No. 393, July, 2024
The pardon advisory board and parole board, through the
				  department of corrections and rehabilitation, shall report to the bureau the
				  following events and information for each sentence assigned to a record subject
				  for each reportable offense:
1.
				Pardon.
2. Parole.
3. Commutation of sentence.
4. Discharge of a parolee from custody or
				supervision.
5. Termination or
				revocation of parole.
6.
				Termination of supervision under the interstate compact for adult offender
				supervision.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.2,
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-13 - Time Requirement for Reporting Criminal History Record Information › Section 10-13-13-01 - Time limits

Current through Supplement No. 393, July, 2024
Reports and substantiating documents of reportable events
				  must be submitted to the bureau within the following time limits after the
				  completion of the reportable event:
1.
				Arrest - within twenty-four hours.
2. Decision not to refer - within forty-eight
				hours.
3. Decision not to file
				charges - within forty-eight hours.
4. All other reportable events - within
				thirty days.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.3
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-14 - Hearing Aid Dealers and Fitters [Repealed]

Current through Supplement No. 393, July, 2024
Determined repealed by the office of the Legislative Council
			 pursuant to subsection 3 of North Dakota Century Code section 28-32-03 because
			 the authority for adoption of the rules was repealed by S.L. 1991, ch. 474,
			 § 14.
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-15 - Deceptive Acts or Practices › Chapter 10-15-01 - Deceptive Pricing › Section 10-15-01-01 - Definitions

Current through Supplement No. 393, July, 2024
All words used in this chapter which are defined in North
				  Dakota Century Code chapter 51-15 have the meanings given in that chapter. As
				  used in this chapter:
1. "Advertisement" includes statements and representations
				  contained on any label, tag, or sign attached to, printed on, or accompanying
				  merchandise offered for sale or printed in a catalog or any other sales
				  literature.
2. "Clearly and conspicuously" means that the statement,
				  representation, or term being disclosed is reasonably understandable, is in
				  such size, color contrast, or audibility, and is so placed and presented as to
				  be readily noticeable, and is in close proximity to the information it
				  modifies.
3. "Comparable merchandise" means merchandise that is
				  substantially similar in composition, style, design, model, kind, variety,
				  service, or performance characteristics to the merchandise to which it is
				  compared in any advertisement.
4. "Comparative price" means the price or other description
				  of value of merchandise to which a seller compares its current price in any
				  advertisement.
5. "List price" means a price given to a retailer by a
				  manufacturer or other supplier as a suggested retail price for the merchandise
				  and includes the term "manufacturer's suggested retail price".
6. "Price comparison" means an expressed or implied
				  comparison in any advertisement (whether or not expressed wholly or in part in
				  dollars, cents, fractions, or percentages) of a seller's current price for
				  merchandise with any other price or statement of value, whether or not the
				  price is actually stated in the advertisement.
7. "Seller" means any person who offers any merchandise for
				  sale at any location and who disseminates advertisements for that product in
				  North Dakota. Seller may include any officer, agent, employee, sales person, or
				  representative of the seller, and any advertising agency employed by a seller.
8. "Trade area" means the geographic area where the seller's
				  outlets are located or where the seller's advertisements are disseminated.
General Authority: NDCC 51-12-09, 51-15-05, 54-12-17
Law Implemented: NDCC 51-12-01, 51-12-09,
					 51-15-02
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-15 - Deceptive Acts or Practices › Chapter 10-15-01 - Deceptive Pricing › Section 10-15-01-02 - Identifying basis of price comparison

Current through Supplement No. 393, July, 2024
It is a deceptive act or practice for a seller to make a
				  price comparison or claim a savings as to any merchandise offered for sale
				  unless the seller clearly and conspicuously discloses the basis for or source
				  of the price comparison or savings claim. However, a seller may make a price
				  comparison or claim a savings without the required disclosure if the price
				  comparison or savings claim is based on the seller's own former price as
				  described in section
				  10-15-01-03. Terms such as
				  "regular", "regularly", "formerly", "originally", "was", or words of similar
				  meaning may be used by the seller to identify the seller's own former price.
General Authority: NDCC 51-12-09, 51-15-05, 54-12-17
Law Implemented: NDCC 51-12-09, 51-15-01,
					 51-15-02
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-15 - Deceptive Acts or Practices › Chapter 10-15-01 - Deceptive Pricing › Section 10-15-01-03 - Comparison to seller's own former price

Current through Supplement No. 393, July, 2024
It is a deceptive act or practice for a seller to compare the
				  seller's current price with the seller's former price for any merchandise
				  unless:
1. The former price is a
				price at which a substantial number of sales were made by the seller during the
				three months immediately preceding the price comparison;
2. The former price is a price at which a
				substantial number of sales were made by the seller and the seller clearly and
				conspicuously discloses the dates during which a substantial number of sales
				were made by the seller at the former price; or
3. The former price is a price at which the
				seller offered the merchandise for a reasonably substantial period of time in
				the recent, regular course of its business, openly, actively, and in good
				faith, with an intent to sell the merchandise at that price.
General Authority: NDCC 51-12-09, 51-15-05, 54-12-17
Law Implemented: NDCC 51-12-09, 51-15-01,
					 51-15-02
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-15 - Deceptive Acts or Practices › Chapter 10-15-01 - Deceptive Pricing › Section 10-15-01-04 - Comparison to seller's future prices

Current through Supplement No. 393, July, 2024
It is a deceptive act or practice for a seller to make an
				  introductory offer or to compare its current price for merchandise with the
				  price at which the merchandise will be offered in the future, unless:
1. The future price takes effect within a
				reasonable time after the introductory offer or price comparison is published;
				and
2. The future price of the
				merchandise is, subsequent to the end of the introductory sale, properly
				established as the seller's regular and customary price.
General Authority: NDCC 51-12-09, 51-15-05, 54-12-17
Law Implemented: NDCC 51-12-09, 51-15-01,
					 51-15-02
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-15 - Deceptive Acts or Practices › Chapter 10-15-01 - Deceptive Pricing › Section 10-15-01-05 - Range of savings or price comparison claims

Current through Supplement No. 393, July, 2024
It is a deceptive act or practice for a seller to state or
				  imply that any merchandise is being offered for sale at a range of prices, or
				  at a range of percentage or fractional discounts, unless the highest price or
				  the lowest discount in the range is clearly and conspicuously disclosed in the
				  advertisement and a reasonable number of the items in the advertisement are
				  offered with the largest advertised discount or the lowest advertised price. If
				  at least five percent of the items in the advertisement are offered with the
				  largest advertised discount or the lowest advertised price, a rebuttable
				  presumption exists that a reasonable number were offered with at least the
				  largest advertised discount or the lowest advertised price.
General Authority: NDCC 51-12-09, 51-15-05, 54-12-17
Law Implemented: NDCC 51-12-09, 51-15-01,
					 51-15-02
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-15 - Deceptive Acts or Practices › Chapter 10-15-01 - Deceptive Pricing › Section 10-15-01-06 - Use of list price or similar comparisons

Current through Supplement No. 393, July, 2024
It is a deceptive act or practice for a seller to make a
				  price comparison or to claim a savings, expressed or implied, from a list price
				  or term of similar meaning, unless:
1. The list price does not exceed the highest
				price at which substantial sales of the merchandise have been made in the
				seller's trade area;
2. The list
				price is the price at which the seller offered the merchandise for a reasonably
				substantial period of time in the recent, regular course of its business,
				openly, actively, and in good faith, with an intent to sell the merchandise at
				that price;
3. The list price does
				not exceed the highest price at which the product is offered by a reasonable
				number of sellers in the seller's trade area for a reasonably substantial
				period of time in the recent, regular course of business; or
4. The list price does not exceed the
				seller's cost plus the percentage markup regularly used by the seller in the
				actual sale of such merchandise or merchandise of a similar class or kind, in
				the seller's recent, regular course of business.
General Authority: NDCC 51-12-09, 51-15-05, 54-12-17
Law Implemented: NDCC 51-12-09, 51-15-01,
					 51-15-02