reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-05 - Jails [Repealed]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Determined repealed by the office of the Legislative Council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 transferred to another agency by
			 S.L. 1989, ch. 156, § 5.
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-07 - [Repealed] › Chapter 10-07-01 - [Repealed] › Section 10-07-01-02

Current through Supplement No. 393, July, 2024
General Authority: NDCC 18-01-04, 18-01-33
Law Implemented: NDCC
					 18-01-02
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-07 - [Repealed] › Chapter 10-07-01 - [Repealed] › Section 10-07-01-03

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 18-01-04,
					 18-01-33
Law Implemented:
NDCC 18-01-04,
					 18-01-33
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-07 - [Repealed] › Chapter 10-07-01 - [Repealed] › Section 10-07-01-04

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 18-01-04, 18-01-33,
					 18-09-02, 23-15-03
Law Implemented:
NDCC 18-01-02, 18-01-04,
					 18-01-33, 18-09-02, 23-15-03
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-07 - [Repealed] › Chapter 10-07-01 - [Repealed] › Section 10-07-01-05

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 18-01-04, 18-01-33,
					 18-09-02, 23-15-03
Law Implemented:
NDCC 18-01-02, 18-01-04,
					 18-01-33, 18-09-02, 23-15-03
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-08 - Alcoholic Beverages › Chapter 10-08-01 - Licensing Requirements › Section 10-08-01-01 - Qualifications for license

Current through Supplement No. 393, July, 2024
No retail license shall be issued to any person, nor shall
				  any such previously issued license be renewed or retained unless the applicant
				  files a sworn statement upon the application showing the following
				  qualifications:
1. The applicant or
				manager must not have been found guilty of, pled guilty to, or released from
				incarceration or probation for a felony within the last five years.
2. The applicant or manager must not have
				been found guilty of, or pled guilty to, a misdemeanor or an infraction offense
				contained in North Dakota Century Code chapters 5-01, 5-02, 5-03, 12.1-06,
				12.1-08, 12.1-09, 12.1-10, 12.1-11, 12.1-12, 12.1-20, 12.1-22, 12.1-23,
				12.1-24, 12.1-27.1, 12.1-28, 12.1-29, 12.1-31, 12.1-31.1, 19-03.1, 53-04,
				53-06.1, 53-06.2, or have committed any other crime which has a direct bearing
				on the applicant's fitness to be involved in the sale or dispensing of
				alcoholic beverages within the last three years.
3. The applicant's building in which the
				business is to be conducted meets the local and state requirements regarding
				sanitation and safety, and a copy of such local and state reports regarding
				sanitation and safety is attached to the sworn application.
4. The applicant has secured a local license,
				a copy of which is attached to the sworn application.
5. The applicant may be issued a retail
				license even if such person has pled or been found guilty, or has committed an
				offense under
subsection 2 if the person has been determined by the
				  attorney general to be sufficiently rehabilitated.
General Authority: NDCC 5-02-09.1
Law Implemented: NDCC 5-02-02(3), 5-02-02(4),
					 5-02-02(5)
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-08 - Alcoholic Beverages › Chapter 10-08-01 - Licensing Requirements › Section 10-08-01-02 - Additional information for application

Current through Supplement No. 393, July, 2024
1.
				If the applicant is a corporation, the applicant must provide its certificate
				number which was issued to it by the North Dakota secretary of state's office.
2. If the applicant is a
				corporation, the names and addresses of the corporate officers, directors, and
				stockholders must be provided on the sworn application.
3. Any agreements or understandings to obtain
				an alcoholic beverage license for any other person, partnership, or corporation
				must be indicated on the sworn application.
4. Any lease agreements to any other person,
				partnership, or corporation for the sale of alcoholic beverages must be so
				indicated on the sworn application.
5. Any other interest that the applicant may
				have, either directly or indirectly, in any other liquor establishment in or
				out of this state must be indicated upon the sworn application.
6. The applicant must draw a clear and
				understandable floor plan or include a diagram or blueprint of the premises to
				be licensed.
7. The applicant,
				including an individual and manager, or, in the case of a corporation, the
				officers, directors, and managers, is required to submit a personal information
				form at the time the initial application is made or when there is a change of
				corporate officers, directors, and managers. This form is described in the
				appendix to this chapter and is labeled personal information form.
General Authority: NDCC 5-02-09.1
Law Implemented: NDCC
					 5-02-02(6)
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-08 - Alcoholic Beverages › Chapter 10-08-01 - Licensing Requirements › Section 10-08-01-03 - False information

Current through Supplement No. 393, July, 2024
False information which is submitted upon a sworn application
				  constitutes grounds for denial of licensure or suspension or revocation of
				  license.
General Authority: NDCC 5-02-09.1
Law Implemented: NDCC
					 5-02-02
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-08 - Alcoholic Beverages › Chapter 10-08-02 - Keg Registration › Section 10-08-02-01 - Keg information

Current through Supplement No. 393, July, 2024
No alcoholic beverage licensee may sell a beer keg at retail
				  without marking the keg with the following information:
1. The date of the sale.
2. The licensee's state alcoholic beverage
				retail license number and the number of the keg which has been sold that day,
				whether it is the first keg sold, second, or third, etc. This then constitutes
				the keg number.
The marking of the keg must be done by utilizing an
				  invisible, nondefacing marker.
General Authority: NDCC 5-02-09.1
Law Implemented: NDCC
					 5-02-07.2
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-08 - Alcoholic Beverages › Chapter 10-08-02 - Keg Registration › Section 10-08-02-02 - Keg registration form

Current through Supplement No. 393, July, 2024
A retail licensee selling beer in kegs shall fill out a keg
				  registration form which is signed by the purchaser. The form must be in the
				  following format:
Click here
				  to view Image
Click here
				  to view Image
Click here
				  to view Image
General Authority: NDCC 5-02-09.1
Law Implemented: NDCC
					 5-02-07.2
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-08 - Alcoholic Beverages › Chapter 10-08-03 - Purchases for Retail Sale › Section 10-08-03-01 - Purchase of alcoholic beverages by retailers

Current through Supplement No. 393, July, 2024
All alcoholic beverages purchased by a North Dakota licensed
				  retailer for the purpose of resale must be purchased only from a North Dakota
				  licensed wholesaler.
General Authority: NDCC 5-02-09.1
Law Implemented: NDCC
					 5-02-01
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-09 - Amusement Games or Devices › Chapter 10-09-01 - General Provisions › Section 10-09-01-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Business office" means the office or location where the
				  licensee can be contacted and where the financial transactions, bookkeeping,
				  etc., for the business are carried on.
2. "Machines primarily designed for gambling" mean games or
				  devices, other than games or devices designed, marketed, and intended for
				  noncommercial in-home use, which may or may not operate by insertion of coins,
				  tokens, currency, or similar objects in which success of play involves the
				  application of the element of chance with inability of a player to extend play
				  by application of skill rather than chance and which may have one or more of
				  the following features:
a. Retention of a set percentage of credits played or scores
				  earned, such set percentage also known as a "retention ratio" or "house
				  percentage".
b. Knockoff switch or switches or a computerized programmed
				  feature to erase credits, scores, or plays which would otherwise permit replay
				  of the game or device, with such erasure being activated by mechanical,
				  electrical, remote control, or other means.
c. Knockoff or coin-out meter or meters or a computerized
				  programmed feature which maintains a record of the number of coins, tokens,
				  currency, or similar objects inserted, number of plays, credits, or scores and
				  the number of credits, scores, or plays "knocked off" or erased.
3. "Person" means person as defined by North Dakota Century
				  Code section 1-01-28.
General Authority: NDCC 53-04-05
Law Implemented: NDCC 53-04-02,
					 53-04-05
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-09 - Amusement Games or Devices › Chapter 10-09-01 - General Provisions › Section 10-09-01-02 - Prohibited machines

Current through Supplement No. 393, July, 2024
The following games or devices are illegal and therefore
				  prohibited in this state:
1. Games or
				devices which pay cash or give credits, tokens, or other items redeemable for
				cash.
2. Games or devices operated
				or displayed to the public in violation of this article.
3. Machines primarily designed for gambling.
4. Games or devices used or
				intended for use in violation of North Dakota Century Code chapter 12.1-28.
General Authority: NDCC 53-04-05
Law Implemented: NDCC
					 53-04-05
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-09 - Amusement Games or Devices › Chapter 10-09-01 - General Provisions › Section 10-09-01-03 - Application for license

Current through Supplement No. 393, July, 2024
1. An application
				for an annual operator or location amusement game or device license must be
				submitted on a form or forms as prescribed by the attorney general. The
				applicant shall provide such information as may be required by the attorney
				general and is under a continuing duty to disclose to the attorney general any
				material change in the information provided in the application.
2. The application must include verification
				by the applicant that the amusement games or devices owned or possessed, or
				thereafter acquired or possessed by the applicant, are not, and will not, be
				used or designed for use for gambling purposes or to violate North Dakota
				Century Code chapter 12.1-28.
3.
				All licenses issued are effective for the period of July first through June
				thirtieth of the next year.
General Authority: NDCC 53-04-05
Law Implemented: NDCC 53-04-02,
					 53-04-05
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-09 - Amusement Games or Devices › Chapter 10-09-01 - General Provisions › Section 10-09-01-04 - Revocation, suspension, or denial of application for license

Current through Supplement No. 393, July, 2024
1. The attorney general may revoke, suspend,
				or refuse to issue a license to an applicant if the applicant or licensee, or
				an agent or employee of the applicant or licensee:
a. Has committed an offense determined by the
				attorney general to have a direct bearing on the applicant's or licensee's
				fitness to be involved in the operation, leasing, or distribution of an
				amusement game or device, unless the attorney general determines that the
				offender is sufficiently rehabilitated under North Dakota Century Code section
				12.1-302.1.
b. Has violated the
				provisions of North Dakota Century Code chapter 53-04 or the rules adopted
				thereunder.
c. Has made or caused
				to be made any false entry or written statement of fact in an application for
				license, reports, or other information submitted to the attorney general.
d. Has refused or failed to
				provide information as required by law, these rules, or the attorney general.
e. Has violated the provisions of
				North Dakota Century Code chapter 12.1-28 or 53-06.1.
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-09 - Amusement Games or Devices › Chapter 10-09-01 - General Provisions › Section 10-09-01-05 - Merchandise prizes

Current through Supplement No. 393, July, 2024
1. An amusement
				game or device may reward the player with only merchandise limited to prizes,
				toys, or novelties.
2. The
				merchandise prize, toy, or novelty may not be repurchased for cash or for
				credits redeemable for cash.
3.
				Subject to subsection 3 of section
				10-09-01-06, the merchandise
				prize, toy, or novelty may not have a wholesale value or cost exceeding sixteen
				times the cost of play and if any prize consists of more than one item, unit,
				or part, the aggregate wholesale value or cost of all items, units, or parts
				may not exceed sixteen times the cost of play.
4. Merchandise prizes may not consist of gift
				certificates, discount coupons or certificates, or other like items which may
				be equivalent to a cash prize or which may be redeemed or otherwise used to
				obtain merchandise, products, or services at either no cost or at a reduced
				cost. However, prizes or complimentary or promotional discount certificates may
				be given to a player when receipt of such items is not dependent upon the
				success of the player in the play of the game or device.
5. Any merchandise prizes, toys, or novelties
				awarded to a player as a result of operation of the amusement game or device
				must be contained with the amusement game or device or located on the premises
				and within the immediate proximity of the amusement game or device and may be
				awarded only by the owner, operator, possessor, or lessee of the game or
				device.
General Authority: NDCC 53-04-05
Law Implemented: NDCC
					 53-04-05
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-09 - Amusement Games or Devices › Chapter 10-09-01 - General Provisions › Section 10-09-01-06 - General rules for operation of amusement game or device

Current through Supplement No. 393, July, 2024
In addition to other requirements of law or this article, all
				  amusement games or devices are subject to the following rules of play:
1. The cost to play the game or device does
				not exceed the sum of two dollars if a merchandise prize, toy, or novelty is
				awarded for play of the game or device.
2. A prize may not be displayed which cannot
				be won.
3. The game or device is
				not operated on a buildup or pyramid basis except that a trade-up of a
				merchandise prize, toy, or novelty is allowed with the trade-up item having a
				wholesale value or cost not to exceed one hundred fifty dollars.
4. The game or device does not contain
				features which would prevent it from being operated in a fair and honest
				manner.
5. The game or device
				contains no features which could permit the owner, possessor, or lessee of the
				game or device to permit manipulation of the game during play, to prevent a
				player from winning, or to predetermine who the winner will be.
6. The game or device may reward a player
				with the right to replay the device or game at no additional cost if the game
				or device is not allowed to accumulate more than fifteen replays at one time.
7. Such other rules of play as
				required by the attorney general by written directive or order.
General Authority: NDCC 53-04-05
Law Implemented: NDCC
					 53-04-05
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-10 - Transient Merchants › Chapter 10-10-01 - Transient Merchants › Section 10-10-01-01 - Transient merchants to appoint resident agent

Current through Supplement No. 393, July, 2024
Any transient merchant required to be licensed pursuant to
				  North Dakota Century Code chapter 51-04 is required to appoint a resident agent
				  in this state pursuant to North Dakota Century Code section 51-04-07.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 51-04-07
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-10 - Transient Merchants › Chapter 10-10-01 - Transient Merchants › Section 10-10-01-02 - Who may be appointed as agent

Current through Supplement No. 393, July, 2024
Agents appointed pursuant to North Dakota Century Code
				  section 51-04-07 must be individual residents of this state, or corporations,
				  partnerships, or other business entities with their principal offices or place
				  of business located within this state.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 51-04-07
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-10 - Transient Merchants › Chapter 10-10-01 - Transient Merchants › Section 10-10-01-03 - Exceptions to the appointment of resident agent

Current through Supplement No. 393, July, 2024
Notwithstanding section
				  10-10-01-01, the following
				  categories of transient merchants are not required to appoint a resident agent
				  in this state:
1. Any transient
				merchant selling merchandise only in flea markets, craft fairs, fairs,
				carnivals, circuses, or similar activities regulated by city or county
				governments, fair associations, other political subdivisions of the state, or
				local trade organizations.
2. Any
				transient merchant who has been previously licensed by this state, who has been
				doing business as a licensed transient merchant in North Dakota for a period of
				time or at least one year, immediately preceding the application pursuant to
				North Dakota Century Code chapter 51-04, and who has not been the subject of
				any of the following:
a. Suspension or
				revocation of the transient merchants license at any time during the
				sixty-month period immediately preceding the filing of the current transient
				merchant license application.
b.
				An administrative or judicial proceeding or civil or criminal suit whereby the
				transient merchant was found guilty, pleaded guilty or failed to appear in
				regard to violations of North Dakota Century Code chapter 51-04, 51-12, or
				51-15.
c. An administrative or
				judicial proceeding or civil or criminal suit whereby the transient merchant
				was adjudicated negligent or was determined to have violated North Dakota
				Century Code chapter 51-04, 51-12, or 51-15.
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-10 - Transient Merchants › Chapter 10-10-01 - Transient Merchants › Section 10-10-01-04 - Warranty requirements upon application for license

Current through Supplement No. 393, July, 2024
1. In addition to the application
				requirements of North Dakota Century Code section 51-04-02, any transient
				merchant required to be licensed pursuant to North Dakota Century Code chapter
				51-04, shall specify which, if any, of the merchandise offered for sale by the
				transient merchant is the subject of a warranty provision, what type of
				warranty is offered for each item of merchandise, whether the warranty period
				still applies to the merchandise offered, and the name, address, and telephone
				number of the person or business that will provide service for the merchandise
				pursuant to the warranty.
2. Any
				transient merchant who does not provide the warranty information required by
				subsection 1 shall appoint a resident agent in the state as required by section
				10-10-01-01, notwithstanding the
				exception provisions of section
				10-10-01-03. If the merchandise
				offered for sale is not the subject of a warranty provision, this subsection
				does not require the appointment of a resident agent in this state.
3. Any transient merchant who does not
				provide the warranty information required by subsection 1 may not state, claim,
				or advertise that the merchandise offered for sale by the transient merchant is
				subject to any warranty.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 51-04-02,
					 51-04-07
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-10 - Transient Merchants › Chapter 10-10-01 - Transient Merchants › Section 10-10-01-05 - Sales tax permit required

Current through Supplement No. 393, July, 2024
In addition to the application requirements of North Dakota
				  Century Code section 51-04-02, any transient merchant required to be licensed
				  pursuant to North Dakota Century Code chapter 51-04, shall obtain the required
				  North Dakota sales tax permit, a copy of which shall be filed with the attorney
				  general as part of the application for license.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 51-04-02
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-11 - Detection of Deception Examiners › Chapter 10-11-01 - Definitions › Section 10-11-01-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this article:
1. "Detection of deception examination" means
				the use of a polygraph on an individual for the purpose of deception
				detection.
2. "Intern" means a
				person being trained in the use of a polygraph and the interpretation of the
				results obtained for the purpose of deception detection under the personal
				supervision and control of a licensed examiner.
3. "Polygraph" means an instrument or device
				which simultaneously combines continuous permanent recording with a means of
				recording the examinee's cardiovascular patterns, respiratory patterns, and
				electrodermal response.
General Authority:
NDCC 43-31-13
Law Implemented:
NDCC
					 43-31-13
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-11 - Detection of Deception Examiners › Chapter 10-11-02 - Application for License Process and Procedure for Issuance › Section 10-11-02-01 - Application

Current through Supplement No. 393, July, 2024
1. Upon receipt of a request for application,
				the attorney general's licensing division will prepare and furnish the
				applicants with a copy of North Dakota Century Code chapter 43-31 and the
				procedures and rules for licensing.
2. When an application for detection of
				deception examiners license is received by the attorney general's licensing
				division, all requested information has been furnished, and the examination fee
				has been received, the application will be forwarded to a representative from
				the bureau of criminal investigation.
3. After a background investigation has been
				conducted, by the representative, the representative will return the
				application to the licensing division with advice to the attorney general
				regarding the action to be taken on the application, i.e., issuance on
				reciprocity, approval, or denial.
4. Upon receipt of the application, the
				licensing division will notify the attorney general of the representative's
				findings, and the attorney general will take final action on the application,
				i.e., issuance on reciprocity, approval, or denial. Then the licensing division
				will notify the applicant in regard to the appropriate action taken by the
				attorney general.
General Authority:
NDCC 43-31-13
Law Implemented:
NDCC
					 43-31-04
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-11 - Detection of Deception Examiners › Chapter 10-11-02 - Application for License Process and Procedure for Issuance › Section 10-11-02-02 - Application fee

Current through Supplement No. 393, July, 2024
Applicants shall pay a thirty-five dollar application fee.
				  The fee is nonrefundable.
General Authority:
NDCC 43-31-13
Law Implemented:
NDCC
					 43-31-14
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-11 - Detection of Deception Examiners › Chapter 10-11-02 - Application for License Process and Procedure for Issuance › Section 10-11-02-03

Current through Supplement No. 393, July, 2024
General Authority: NDCC 43-31-13
Law Implemented: NDCC
					 43-31-07
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-11 - Detection of Deception Examiners › Chapter 10-11-02 - Application for License Process and Procedure for Issuance › Section 10-11-02-04 - Reciprocity

Current through Supplement No. 393, July, 2024
Applicants who are licensed examiners under the laws of
				  another state of the United States may be issued a license by the attorney
				  general if:
1. The requirements
				pursuant to North Dakota Century Code section 43-31-07 are met.
2. The applicant provides to the attorney
				general a copy of such license, which must be active and in good
				standing.
3. The applicant provides
				the attorney general a copy of that state's licensing requirements at the time
				that said applicant was licensed.
4. The attorney general determines the laws
				of the other state, at the time of the applicant's original licensure, are
				substantially equivalent to North Dakota Century Code chapter 43-31 and this
				chapter.
5. The applicant has paid
				the required application fees.
6.
				The required background check is successfully completed.
The representative shall report its recommendation to either
				  approve or deny the request for reciprocity to the attorney general.
General Authority:
NDCC 43-31-13
Law Implemented:
NDCC
					 43-31-16
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-11 - Detection of Deception Examiners › Chapter 10-11-02 - Application for License Process and Procedure for Issuance › Section 10-11-02-05

Current through Supplement No. 393, July, 2024
General Authority: NDCC 43-31-13
Law Implemented: NDCC
					 43-31-07
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-11 - Detection of Deception Examiners › Chapter 10-11-03 - Detection of Deception Examinations › Section 10-11-03-01 - Detection of deception examination procedures

Current through Supplement No. 393, July, 2024
1. No
				person may be present during the detection of deception examination without the
				express consent of the examiner.
2.
				An examiner shall terminate a detection of deception examination in progress
				immediately upon request of the examinee.
3. No detection of deception examination may
				be conducted prior to a complete understanding between the examiner, the
				requesting agency, and examinee as to the specific reason for the test,
				including all records, documents, and investigative reports necessary to
				conduct the examination.
4. An
				examiner when administering a detection of deception examination, may not
				attempt to determine truth or deception on manners or issues not previously
				discussed with the examinee at the preexamination interview or not reasonably
				related to the matters or issues previously discussed with the
				examinee.
5. The detection of
				deception examination of a subject and that subject's fitness for the
				examination is at the discretion of the examiner.
General Authority:
NDCC 43-31-13
Law Implemented:
NDCC
					 43-31-13
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-11 - Detection of Deception Examiners › Chapter 10-11-03 - Detection of Deception Examinations › Section 10-11-03-02 - Detection of deception examination records

Current through Supplement No. 393, July, 2024
An examiner shall create and maintain a record of every
				  detection of deception examination administered. Records must be maintained for
				  five years and must contain the following:
1. All polygraph charts (polygrams) on each
				examinee.
2. All written reports
				or memoranda of verbal reports.
3.
				A list of all questions asked while the polygraph is recording.
4. Background information elicited during the
				pretest interviews.
5. A form
				signed by the examinee indicating that the examinee has voluntarily agreed to
				take the polygraph test and that the examinee has the right to leave the
				examining room at any time during the examination.
6. All tape recordings of the detection of
				deception examination if made.
7.
				An index either chronological or alphabetical listing the names of all persons
				examined, the type of detection of deception examination, the date of the
				examination, the name of the examiner, and the file or record number in which
				the records are maintained.
General Authority: NDCC 43-31-13
Law Implemented: NDCC
					 43-31-13
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-11 - Detection of Deception Examiners › Chapter 10-11-04 - Internship, License, and Procedures › Section 10-11-04-01 - Internship license

Current through Supplement No. 393, July, 2024
1. Every person who
				applies for an internship license shall, at the time of application, provide
				the attorney general with the name, address, qualifications, and state license
				number of the examiner who will be acting as the supervising examiner. The
				applicant also must pay the required application fee.
2. In the event an applicant does not have
				access to an immediate supervisor, the attorney general may appoint a
				supervising examiner to supervise the trainee.
3. The attorney general shall approve the
				applicant's choice of supervising examiner.
4. The minimum requirements to be fulfilled
				by a supervising examiner are as follows:
a.
				Inspection of ten examination records selected by the supervising examiner;
				and
b. The observation by the
				supervising examiner of at least one complete examination including
				preparation, pretest interview, testing, post-test interrogation, where
				applicable, and report writing which is deemed satisfactory by the supervising
				examiner.
c. At the completion of
				the internship, the supervising examiner shall advise the representative
				whether the applicant has successfully completed the internship. The
				representative then shall notify the attorney general regarding the supervising
				examiner's recommended action to be taken on the application for license, i.e.,
				issuance on reciprocity, approval, or denial.
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-11 - Detection of Deception Examiners › Chapter 10-11-05 - Professional Conduct › Section 10-11-05-01 - Advertising

Current through Supplement No. 393, July, 2024
1. An examiner may not advertise the
				examiner's services so as to deceive, or in any manner which tends to deceive,
				the public.
2. An examiner may not
				publish, directly or indirectly, or disseminate any fraudulent, false, or
				misleading statements as to the skill or method of practice of any other
				examiner.
3. An examiner may not
				claim superiority over other deception of detection examiners as to skill or
				method of practice.
4. An examiner
				may not advertise free deception detection examinations as an inducement to
				secure patronage.
General Authority: NDCC 43-31-13
Law Implemented: NDCC 43-31-10,
					 43-31-13
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 10-12-01-02 - Application for concealed weapons license

Current through Supplement No. 393, July, 2024
1. An application
				for a class 1 or class 2 concealed weapons license must be on an original form
				approved by the director of the bureau of criminal investigation. Only a
				satisfactorily completed original application may be approved by the director.
				The application must include:
a. All questions
				on the application answered and all applicable information provided;
b. Two fingerprint cards containing the
				classifiable fingerprints of the applicant; and
c. Two color passport-size photographs of the
				applicant.
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 10-12-01-03 - Nonresident applicants

Current through Supplement No. 393, July, 2024
Applicants who are not residents of North Dakota may obtain a
				  North Dakota concealed weapons license. To obtain a license, the nonresident
				  shall comply with all requirements of North Dakota Century Code chapter 62.1-04
				  and these rules.
General Authority:
NDCC 62.1-04-03
Law Implemented:
NDCC
					 62.1-04-03(1)
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 10-12-01-04 - Classroom instruction and written test

Current through Supplement No. 393, July, 2024
1. Applicants for a
				class 2 concealed weapons license shall successfully complete the written
				examination and submit an application for a concealed weapons
				license.
2. Applicants for a class
				1 concealed weapons license shall attend classroom instruction on weapon safety
				rules and the deadly force law of North Dakota before they may complete the
				written examination and submit an application for a concealed weapons license.
				Only test administrators certified under this chapter may conduct classroom
				instruction for applicants for concealed weapons licenses.
3. The written test must be an open-book test
				approved by the attorney general. The written test must include examination on
				weapons safety rules and the deadly force law of North Dakota. A minimum score
				of seventy percent overall and one hundred percent on the deadly force law of
				North Dakota is necessary to pass the written test. The written test may only
				be administered within the state of North Dakota and by a test administrator
				certified under this chapter. The written test may not be administered in
				conjunction with any other state's concealed weapons laws or
				procedures.
4. The classroom
				instruction may only be administered within the state of North Dakota and by a
				test administrator certified under this chapter. The classroom instruction may
				not be administered in conjunction with any other state's concealed weapons
				laws or procedures.
General Authority:
NDCC 62.1-04-03
Law Implemented:
NDCC
					 62.1-04-03(2)
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 10-12-01-05 - Proficiency and shooting test

Current through Supplement No. 393, July, 2024
1. Only a test administrator certified under
				this chapter may administer a firearm shooting or proficiency exercise.
				Successful completion of the firearm shooting or proficiency exercise requires
				demonstrated familiarity and safety with a firearm.
2. Evidence of familiarity with a firearm may
				be satisfied by one of the following:
a.
				Certification of familiarity with a firearm by an individual who has been
				certified by the attorney general, which may include a law enforcement officer,
				military or civilian firearms instructor, or hunter safety
				instructor;
b. Evidence of
				equivalent experience with a firearm through participation in an organized
				shooting competition, law enforcement, or military service;
c. Possession of a license from another state
				to carry a firearm, concealed or otherwise, which is granted by that state upon
				completion of similar or equivalent classroom instruction, testing, and
				demonstration of firearm familiarity and proficiency; or
d. Evidence that the applicant, during
				military service, was found to be qualified to operate a firearm.
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 10-12-01-06 - Lost or destroyed licenses

Current through Supplement No. 393, July, 2024
If a concealed weapons license is lost or destroyed, the
				  licenseholder may obtain a replacement license. In order to obtain a
				  replacement license, the licenseholder shall send a letter to the director of
				  the bureau of criminal investigation indicating the licenseholder's name,
				  address, and date of birth. In addition, the letter must include the reason the
				  licenseholder needs a replacement license.
General Authority:
NDCC 62.1-04-03
Law Implemented:
NDCC
					 62.1-04-03
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 10-12-01-07 - Denial, revocation, or cancellation of a concealed weapons license

Current through Supplement No. 393, July, 2024
The director of the bureau of criminal investigation may
				  deny, revoke, or cancel a concealed weapons license for the following
				  reasons:
1. The applicant or
				licenseholder is prohibited from owning, possessing, or having a firearm under
				North Dakota Century Code section 62.1-02-01 or under federal law or has
				committed any other violation of North Dakota Century Code title 62.1;
				or
2. The applicant made a material
				misstatement on the application for the concealed weapons license.
3. In accordance with subdivision c or e of
				subsection 1 of North Dakota Century Code section 62.1-04-03.
General Authority:
NDCC 62.1-04-03
Law Implemented:
NDCC 62.1-04-03(1 )(f),
					 62.1-04-03(6), 62.1-04-03(7)
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 10-12-01-08 - Renewal of a concealed weapons license

Current through Supplement No. 393, July, 2024
A concealed weapons license may be renewed if a current
				  licenseholder is eligible for a concealed weapons license and completes a
				  renewal application subject to the following conditions:
1. No additional testing is required for
				timely renewal of a class 2 license.
2. A class 1 license may be renewed upon
				successful completion of the class 1 requirements within thirty days before
				submission of the application for renewal.
3. Timely renewal is the responsibility of
				the applicant. The agency sends renewal notifications to the licenseholder at
				the licenseholder's last-known address on file with the agency. The renewal
				application may be delivered to the agency not more than one hundred eighty
				days before the license expires through the date the license expires.
4. An incomplete application is not deemed to
				have been submitted to the bureau of criminal investigation until after it has
				been returned satisfactory completed. The satisfactorily completed application
				must be returned to the bureau of criminal investigation no later than thirty
				days from the postmark date the incomplete application was returned to the
				applicant. Failure to return the satisfactorily completed application within
				the time required will result in denial of the application and the applicant
				will be required to recommence the entire application process.
5. Renewal applications may not be submitted
				to the agency after the date the current license expires. Renewal applications
				received by the agency which are postmarked after the current license expires
				are invalid. Invalid application forms may be destroyed by the agency. The
				licenseholder will be required to reapply as a new applicant and complete all
				required testing.
6. The bureau of
				criminal investigation is required to process the renewal application and make
				a determination within sixty days of receipt.
General Authority:
NDCC 62.1-04-03
Law Implemented:
NDCC
					 62.1-04-03
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 10-12-01-09 - Residence change or change in material facts

Current through Supplement No. 393, July, 2024
1. A concealed
				weapons licenseholder shall notify the director of the bureau of criminal
				investigation of a change of address. The notification must be in writing, must
				be postmarked within thirty days of the change of address, and must include the
				licenseholder's name, former address, license number, and new address. The new
				address must include the new house number or apartment number, street name,
				city, zip code, and county.
2. The
				applicant or licenseholder shall notify the director of any change of material
				facts that affect the need for or possession of a concealed weapons
				license.
General Authority:
NDCC 62.1-04-03
Law Implemented:
NDCC
					 62.1-04-03(10)
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 10-12-01-10 - Appeals and reconsideration

Current through Supplement No. 393, July, 2024
1. An individual who is aggrieved by the
				decision of the director to deny an application for a license or a renewal of a
				license, or to suspend or cancel a license, may petition for reconsideration
				and rehearing under North Dakota Century Code section 28-32-40.
2. An individual who is aggrieved by the
				decision of the director to deny an application for a license or a renewal of a
				license, or to suspend or cancel a license, may appeal to the district court of
				Burleigh County under North Dakota Century Code section 28-32-42.
General Authority:
NDCC 28-32-40, 28-32-42,
					 62.1-04-03
Law Implemented:
NDCC
					 62.1-04-03(7)
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 10-12-01-11 - Reciprocity

Current through Supplement No. 393, July, 2024
The attorney general may enter into reciprocity agreements
				  with other states to recognize another state's concealed weapons license if a
				  reciprocity agreement is required by the other state in order to recognize
				  North Dakota's concealed weapons license.
General Authority:
NDCC 62.1-04-03
Law Implemented:
NDCC
					 62.1-04-03
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 10-12-01-12 - Test administrator certification

Current through Supplement No. 393, July, 2024
1. The attorney general may certify test
				administrators to conduct classroom instruction, administer the written
				examination, and, if applicable, have the applicant demonstrate familiarity
				with a weapon, and conduct the shooting and proficiency examination.
2. In order to become certified as a test
				administrator, an individual shall successfully complete the concealed weapons
				test administrator course approved by the director. Successful completion of
				the certification program requires a passing score on a written examination and
				a shooting course of fire.
3. The
				attorney general may certify a peace officer as a test administrator to conduct
				classroom instruction and administer the written examination who has current
				certification from the North Dakota peace officer standards and training board
				in methods of instruction.
4. The
				attorney general may certify a peace officer as a test administrator to conduct
				firearm familiarity demonstrations and shooting and proficiency exercises who
				has current certification from the North Dakota peace officer standards and
				training board as a weapons instructor.
5. All applications for test administrator
				certification must be made on a form approved by the director.
6. Test administrator certification is
				effective for five years from the date of certification.
7. Except as otherwise provided in this
				chapter, a test administrator must possess a current valid North Dakota
				concealed weapons license as a requirement for certification under this
				section.
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 10-12-01-13 - Renewal of test administrator certification

Current through Supplement No. 393, July, 2024
1. The
				director shall prescribe and provide the required training program for renewal
				of test administrator certification, including classroom and firearm
				instruction. Successful completion of the renewal training program requires a
				passing score on a written examination and a shooting course of fire.
2. Applications for renewal must be submitted
				on a form approved by the director.
3. Except as otherwise provided in this
				chapter, a test administrator must possess a current valid North Dakota
				concealed weapons license as a requirement for renewal of certification under
				this section.
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 10-12-01-14 - Test administrator training and testing procedures and fees

Current through Supplement No. 393, July, 2024
1. A certified test
				administrator may only conduct the training and testing procedures according to
				the requirements established by the director. The instructor may determine the
				frequency and class size of training and testing sessions.
2. A certified test administrator shall
				submit a listing of the dates of every classroom instruction, training, and
				testing of five or more students to the director on a form approved by the
				director prior to the commencement of classroom instruction, training, or
				testing to monitor course content and instructor development.
3. A certified test administrator may not
				charge a fee exceeding fifty dollars to conduct the requirements for a
				concealed weapons license.
4. A
				certified test administrator will complete rosters for all concealed weapons
				classes and tests on a form approved by the director. All rosters will be
				submitted by mail to the director within fifteen days of completion of the
				testing.
5. A certified test
				administrator must maintain the completed test and class records for one year
				after the date of testing.
General Authority:
NDCC 62.1-04-03
Law Implemented:
NDCC 62.1-04-03(1
					 )(d)