reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-01 - General Provisions › Section 13-01.1-01-02

Current through Supplement No. 393, July, 2024
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-01 - General Provisions › Section 13-01.1-01-03

Current through Supplement No. 393, July, 2024
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-01 - General Provisions › Section 13-01.1-01-04 - Case title

Current through Supplement No. 393, July, 2024
Each matter coming formally before the board will be known as
				  a case and shall be given a title descriptive of the subject matter. Such title
				  shall be used on all papers in the case and, as far as possible, any
				  communication to the board in any particular case shall bear or reference the
				  title of the case.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-01 - General Provisions › Section 13-01.1-01-06 - Rules of conduct

Current through Supplement No. 393, July, 2024
All persons appearing before the board or a hearing officer
				  must conform to the standards of ethical conduct required of practitioners
				  before the courts of the state of North Dakota. Any member of the bar of
				  another state may be permitted by the commissioner to appear in and conduct a
				  cause or matter while retaining the member's residence in another state.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-01 - General Provisions › Section 13-01.1-01-07 - Parties

Current through Supplement No. 393, July, 2024
1.
Classification.
Parties to
				proceedings before the board are designated as applicants, complainants,
				petitioners, intervenors, protestants, or respondents, according to the nature
				of the proceeding and the relationship of the parties thereto.
2.
Applicant.
Persons filing
				formal written requests with the board for some right, privilege, or
				authorization which the board may give under statutory or other authority
				granted to it are designated as applicants.
3.
Complainant.
Persons who
				complain to the board of acts done or omitted to be done in violation of some
				law administered by the board, or in violation of some rule, regulation, or
				order issued by the board, are designated as complainants.
4.
Petitioner.
Persons seeking
				relief, not otherwise designated herein, are designated as petitioners.
5.
Intervenor.
Persons, other than the original parties to a pending proceeding, who
				voluntarily become parties thereto with leave of the commissioner are
				designated as intervenors. Admission as an intervenor shall not be construed as
				recognition by the board that the intervenor might be aggrieved by any order of
				the board in the proceeding.
6.
Protestant.
Persons opposing on grounds of private or public
				interest the approval of an application, petition, motion, or other matter
				under consideration by the board are designated as protestants.
7.
Respondent.
Persons subject
				to any statute or other delegated authority administered by the board to whom
				an order or notice is issued by the board instituting a proceeding or
				investigation on its own initiative and persons subject to any statute or other
				delegated authority administered by the board or any rule, order, or regulation
				issued or promulgated thereunder against whom any complaint is filed are
				designated as respondents.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-01 - General Provisions › Section 13-01.1-01-08 - Investigation on board's own motion

Current through Supplement No. 393, July, 2024
The board may at any time, upon its own motion or upon the
				  complaint of any person, institute investigation proceedings and order hearing
				  in any action or thing done or omitted to be done by any party under the
				  board's jurisdiction which the board may believe is in violation of the law or
				  of any order or rule of the board. It may, through its staff or otherwise,
				  secure and present such evidence as it may consider necessary or desirable in
				  any proceeding in addition to the evidence presented by the parties.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-08
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-01 - General Provisions › Section 13-01.1-01-09 - Definitions

Current through Supplement No. 393, July, 2024
As used in this article except as otherwise required by the
				  context:
1. "Board" and "board member" means the state banking board,
				  and a member thereof, respectively.
2. "Board's staff" means and
				  includes the board's experts, employees and attorneys, and the staff of the
				  department of financial institutions.
3. "Commissioner" means the
				  commissioner of financial institutions.
4. "Hearing officer" means
				  and includes any one or more of the members of the board duly designated, or
				  one or more trial examiners appointed according to law and duly designated to
				  preside at hearings or conferences.
5. "Participants" means and
				  includes any party or person admitted by the board or commissioner to
				  participate in a proceeding, including the board's staff.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-01
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-01 - General Provisions › Section 13-01.1-01-10 - Liberal construction

Current through Supplement No. 393, July, 2024
This article shall be liberally construed to secure just,
				  speedy, and inexpensive determination of the issues presented.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-01 - General Provisions › Section 13-01.1-01-11 - Suspension of rules

Current through Supplement No. 393, July, 2024
The board reserves the right to suspend, either upon its own
				  motion or upon the motion of any party, the operation of or necessity for
				  compliance with any rule of procedure or part thereof, upon due notice to all
				  parties, whenever the public interest or the interest of any party to a
				  proceeding will not be substantially prejudiced thereby. The power to suspend
				  these rules may be exercised by the commissioner. Every such exercise of power
				  by the commissioner is subject to review by the board.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-01 - General Provisions › Section 13-01.1-01-12

Current through Supplement No. 393, July, 2024
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-01 - General Provisions › Section 13-01.1-01-13 - Ex parte communications

Current through Supplement No. 393, July, 2024
The board may sanction any party or the party's counsel who
				  makes an ex parte communication as prohibited by North Dakota Century Code
				  section  28-32-12.1 by directing the party
				  or counsel to pay such additional administrative costs that may be attributable
				  to the ex parte communication or may rule adversely on the issue which is the
				  subject of the prohibited communications, or both.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-12.1
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-01 - General Provisions › Section 13-01.1-01-14 - Duplication of records and digital records

Current through Supplement No. 393, July, 2024
1.
				Digital copies of facts, reports, or other records created by the commissioner
				or the department have the same level of confidentiality as physical records
				outlined in North Dakota Century Code section 6-01-07.1.
2. Facts, reports, or other records created
				by the commissioner or the department deemed confidential by law may not be
				copied or otherwise duplicated, including the redistribution of digital
				records, without the prior approval of the commissioner. This subsection does
				not apply to examined entity's duplication of the record for their own use or
				the use by third parties as authorized in North Dakota Century Code section
				6-01-07.1.
3. Meetings and
				conversations involving the commissioner or the department staff discussing
				examination facts, reports, or other records created by the commissioner or the
				department may not be recorded without the prior approval of the commissioner,
				except as allowed by the open meeting laws of this state.
General Authority:
NDCC 6-01-04,
					 6-01-07.1
Law Implemented:
NDCC
					 6-01-07.1
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-02 - Pleadings › Section 13-01.1-02-01 - Informal complaint - Form and disposition

Current through Supplement No. 393, July, 2024
Informal complaints may be made orally or in writing
				  addressed to the board. Letters to the board will be considered as informal
				  complaints. Matters thus presented will be handled by any of the following
				  methods:
1. Correspondence or other
				informal communications.
2.
				Conference with the complaining party or parties.
3. Formal investigation instituted by the
				board upon its own motion.
4. Any
				other manner as the commissioner believes appropriate and warranted by the
				facts and the nature of the complaint in an endeavor to bring about
				satisfaction of the complaint without formal hearing.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05.1
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-02 - Pleadings › Section 13-01.1-02-03 - Answers

Current through Supplement No. 393, July, 2024
1.
Content.
Each answer filed
				with the board must contain: (a) the correct title of the proceeding; (b) the
				name and address of each answering party; (c) a specific denial of such
				material allegations of the complaint as are controverted by the respondent;
				and (d) a statement of any matter which may constitute an affirmative defense.
				If the respondent lacks information or belief upon which to answer an
				allegation of the complaint, the respondent may so state in the answer and
				plead the denial upon that ground.
2.
Verification.
An answer must
				be signed and verified by the respondent.
3.
Service and number of copies.
The original answer must be served within twenty days after the date the
				complaint was served on each complainant or the complainant's attorney. The
				respondent must file with the board an original answer and ten copies thereof
				together with proof of service on each complainant or the complainant's
				attorney.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-02 - Pleadings › Section 13-01.1-02-04 - Application

Current through Supplement No. 393, July, 2024
An application is a proceeding seeking some right, privilege,
				  or authorization which the board may give under statutory or other authority
				  administered by it.
1.
Contents.
All applications shall be in writing and, under oath,
				shall: (a) set forth the full name and post-office address of the applicant;
				(b) state clearly and concisely the authorization or permission sought; (c)
				cite by appropriate reference the statutory provision or other authority which
				the board authorization or permission is sought; and (d) comply with the
				applicable statutory provision or rule specifying form or content.
2.
Application forms.
When the
				board requires the application to be submitted on a form specifically designed
				for the particular application, such application shall be submitted on that
				form. Forms are available from the board upon request.
3.
Additional documents.
When
				the submission of documents is required in addition to an application, all such
				documents must be submitted to the board in proper form before the application
				will be accepted for filing.
4.
Fees.
Application fees must be submitted before the application is
				accepted for filing.
5.
Signature.
Every application must be signed by the party filing
				the same.
6.
Number of
				copies.
At the time the original application is filed, ten additional
				copies thereof must also be filed.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-02 - Pleadings › Section 13-01.1-02-05 - Protest

Current through Supplement No. 393, July, 2024
In any formal application proceeding, any person having
				  substantial interest in the application may protest the application upon
				  compliance with the provisions of this section.
1.
Notice of intent to protest.
Any person intending to protest an application must notify the board and
				the applicant of that intent.
2.
Content.
The notice must be in writing and must set forth the
				grounds of the protest and the position and interest of the protestant.
3.
When made.
Notice
				of intent to protest must be made no later than five business days prior to the
				commencement of the hearing.
4.
Number of copies.
The protestant shall furnish a copy of the
				notice of intent to protest to each party to the proceeding and shall furnish
				the board with the original and ten copies thereof.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-02 - Pleadings › Section 13-01.1-02-06 - Intervention

Current through Supplement No. 393, July, 2024
In any formal proceeding, any person having substantial
				  interest in the subject matter of any proceeding may petition the commissioner
				  for leave to intervene in such proceeding and may become a party thereto upon
				  compliance with the provisions of this section. In general such petitions will
				  not be granted unless it shall be found: (1) that such person has a statutory
				  right to be made a party to such proceeding; or (2) that such person has a
				  property or financial interest which may not be adequately represented by
				  existing parties, and such intervention would not unduly broaden the issues or
				  delay the proceeding.
1.
Contents of petition to intervene.
A petition for leave to
				intervene shall be in writing and must set forth the grounds of the proposed
				intervention, the position and interest of the petitioner in the proceeding,
				and whether the petitioner's position is in support of or in opposition to the
				relief sought.
2.
When
				filed.
A petition for leave to intervene in any proceeding must be filed
				no later than five business days prior to the commencement of the hearing.
3.
Number of copies.
The petitioner shall furnish a copy of the petition to each party to the
				proceeding and shall furnish the board with the original and ten copies
				thereof.
4.
Effect.
Admission as an intervenor must not be construed as recognition by the
				board that the intervenor might be aggrieved by an order of the board in the
				proceeding.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-08.2
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-02 - Pleadings › Section 13-01.1-02-07 - Extensions of time

Current through Supplement No. 393, July, 2024
A request for an extension of time in which to perform an act
				  required or allowed to be done at or within a specified time by any rule,
				  regulation, or order of the board shall be by motion in writing timely filed
				  with the board, stating the facts on which the motion rests and conforming to
				  the provisions of section 13-01.1-02-10. Except as provided
				  in section 13-01.1-02-08, such extensions of
				  time will be granted or denied by the commissioner in the commissioner's
				  discretion.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-02 - Pleadings › Section 13-01.1-02-08 - Extensions of time for satisfaction of conditions subsequent

Current through Supplement No. 393, July, 2024
A request for an extension of time in which to satisfy any
				  condition subsequent to an order of the board granting an application shall be
				  by motion in writing timely filed with the board.
1.
Content of motion.
The motion
				shall specify the particular conditions subsequent which have not been
				satisfied and upon which an extension of time is requested, and shall state the
				facts upon which the motion rests.
2.
Service.
All such motions
				shall be served by the movant on the other parties to the original application
				proceeding.
3.
Number of
				copies.
At the time the original motion is filed, ten additional copies
				shall be filed with the board.
4.
Argument.
The movant or any other party may argue the motion
				before the board.
5.
Disposition.
Such motions will be granted or denied by the board
				in its discretion.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-02 - Pleadings › Section 13-01.1-02-09 - Amendments and withdrawal

Current through Supplement No. 393, July, 2024
The commissioner may, after notice to the other parties to a
				  proceeding, allow any pleading to be amended or corrected or any omission to be
				  supplied. If any such amendment so alters or broadens the issues, the
				  commissioner may permit the affected party a reasonable time to reply. A party
				  desiring to withdraw a pleading filed with the board may file a written notice
				  of withdrawal. The notice must state the reason for the withdrawal. A copy of
				  the withdrawal notice must be served upon all other parties to the proceeding
				  and proof of service to that effect filed with the notice of withdrawal. This
				  section shall not be construed as allowing, without express permission of the
				  commissioner, withdrawal of any pleading in any proceeding in which a hearing
				  has been held or convened.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-02 - Pleadings › Section 13-01.1-02-10 - Motion

Current through Supplement No. 393, July, 2024
Except as provided in section 13-01.1-02-08, the hearing officer
				  is authorized to rule upon all motions unless the action on the motion involves
				  or constitutes a final determination of the proceeding, in which case the
				  motion shall be ruled upon by the board. The hearing officer may set any motion
				  for oral argument.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 6-01-04, 28-32-05
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-02 - Pleadings › Section 13-01.1-02-11 - Show cause orders

Current through Supplement No. 393, July, 2024
1. The board or
				commissioner may, by order, compel any person to whom it has granted authority
				to show cause why the authority should not be suspended, changed, or revoked in
				whole or in part. The term "authority" includes a certificate, license, and
				permit.
2. The show cause order
				shall specifically advise the respondent of the alleged violation and of the
				time and place of the hearing on such order.
3. When the board finds that the respondent
				has committed, or is committing, the alleged violation, the board may enter a
				cease and desist order or any order the board deems just and reasonable.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-03 - Prehearing Conferences › Section 13-01.1-03-01 - To adjust or settle proceedings

Current through Supplement No. 393, July, 2024
In accordance with section 98-02-02-09 in order to provide an
				  opportunity for a settlement of a proceeding, or any of the issues therein,
				  there may be held at any time prior to or during hearings before the hearing
				  officer such informal conferences of parties for the admission and
				  consideration of facts, arguments, offers of settlement, or proposals of
				  adjustments as time, the nature of the proceeding, and the public interest may
				  permit. Unaccepted proposals of settlement, adjustment, procedure to be
				  followed, or proposed stipulations not agreed to shall be privileged and not
				  admissible in evidence against any party.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-08.3
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-03 - Prehearing Conferences › Section 13-01.1-03-02 - To expedite hearings

Current through Supplement No. 393, July, 2024
To expedite the orderly conduct and disposition of any
				  hearing, at such prehearing conferences as may be held, there may be
				  considered, in addition to any offer of settlement or proposals of adjustment,
				  the possibility of the following:
1.
				The simplification of issues.
2.
				The necessity or desirability of amendments to the pleadings.
3. The exchange and acceptance of service of
				exhibits proposed to be offered in evidence.
4. The obtaining of admission as to, or
				stipulations of, facts not remaining in dispute, or the authenticity of
				documents which may properly shorten the hearing.
5. The limitation of the number of witnesses.
6. The limitation of the time
				allowed for the testimony of expert witnesses.
7. Any other matter as may aid in expediting
				the orderly conduct of the proceeding.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-08.3
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-03 - Prehearing Conferences › Section 13-01.1-03-03 - Initiation of conferences

Current through Supplement No. 393, July, 2024
The board or the commissioner, with or without motion, may
				  direct that a prehearing conference be held upon such terms as the board may
				  provide. Due notice of the time and place of such conference will be given to
				  all parties to the proceeding.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-08.3
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-03 - Prehearing Conferences › Section 13-01.1-03-04 - Conference results stipulated

Current through Supplement No. 393, July, 2024
Upon conclusion of the prehearing conference, the parties
				  shall, if applicable, provide a written stipulation which recites the matters
				  agreed upon, and the original and ten copies thereof shall be filed with the
				  board. Any stipulation received in evidence at a hearing is binding on the
				  parties with respect to the matters therein stipulated.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-08.3
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-04 - Hearings › Section 13-01.1-04-01 - Notice

Current through Supplement No. 393, July, 2024
In those proceedings in which a hearing is to be held, the
				  board shall assign a time and place for hearing, and issue notice of hearing.
				  When the notice procedure is not specified by statute, notice must be given at
				  least twenty days prior to the date of the hearing, except in cases of
				  emergency.
The notice procedures of the board are as follows, unless
				  emergency circumstances require otherwise:
1.
Proposed rules.
Notice of
				proposed rules, inviting comments, will be given to all known interested
				parties by mail. Notice will also be published in the following newspapers:
a. Bismarck Tribune, Bismarck.
b. Devils Lake Daily Journal, Devils Lake.
c. Dickinson Press, Dickinson.
d. The Forum, Fargo.
e. Grand Forks Herald, Grand Forks.
f. Jamestown Sun, Jamestown.
g. Minot Daily News, Minot.
h. Williston Daily Herald,
				Williston.
i. Valley City
				Times-Record, Valley City.
j. The
				Daily News, Wahpeton.
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-04 - Hearings › Section 13-01.1-04-02 - Appearances

Current through Supplement No. 393, July, 2024
Interested parties shall enter their appearances at the
				  beginning of the hearing by giving their name and address and briefly state
				  whether they appear in support of or in opposition to the complaint or
				  application. All appearances must be noted on the record with a notation in
				  whose behalf each appearance is made. The names of the members of the board's
				  staff participating in the hearing or investigation must also be noted.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-11.1
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-04 - Hearings › Section 13-01.1-04-06 - Order of procedure

Current through Supplement No. 393, July, 2024
In hearings on formal complaints, petitions, and
				  applications, the complainant, petitioner, or applicant must open and close. In
				  all other hearings, the hearing officer may direct who shall open and close.
				  The hearing officer shall designate at which stage an intervenor shall be
				  heard.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-11.1
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-04 - Hearings › Section 13-01.1-04-11 - Motions

Current through Supplement No. 393, July, 2024
Before a hearing officer has been appointed, the commissioner
				  or board may act on any motion, including a motion for continuance or
				  consolidation.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-05 - Evidence › Section 13-01.1-05-05 - Stipulations

Current through Supplement No. 393, July, 2024
The parties to any proceeding or investigation before the
				  board may, by stipulation in writing filed with the board or orally entered in
				  the record, agree upon the facts or any portion thereof involved in the
				  controversy, and such stipulation shall be regarded and used as evidence at the
				  hearings.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-06
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-05 - Evidence › Section 13-01.1-05-06 - Expert witnesses

Current through Supplement No. 393, July, 2024
1.
Notification required.
Parties intending to present expert
				testimony shall notify the board and all parties to the proceeding of that
				intent. The notification shall indicate the nature of the expert testimony,
				whether or not one or more exhibits supplementing the testimony are intended,
				and the name and qualifications of the expert witness.
2.
Supplemental exhibits.
Within
				the times specified in this section, the party on whose behalf the testimony is
				given shall file with the board ten copies of any exhibits supplementing the
				expert testimony, and shall also provide copies to all parties to the
				proceeding.
3.
Applicants.
Applicants under section 13-01.1-02-04 who intend to
				present expert testimony shall comply with subsection 1 within ten days after
				receipt of notification that the application has been accepted for filing and
				shall comply with subsection 2 at least twenty days prior to the hearing on the
				application.
4.
Protestants.
Protestants under section 13-01.1-02-05 who intend to
				present expert testimony shall comply with subsection 1 at least twenty days
				prior to the date of the hearing on the application and shall comply with
				subsection 2 at least ten days prior to the hearing on the application.
5.
Others.
All other
				parties intending to present expert testimony shall comply with subsection 1 at
				least twenty days prior to the date set for hearing and may comply with
				subsection 2 at the time the exhibit is introduced.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-06
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-05 - Evidence › Section 13-01.1-05-08 - Exhibits

Current through Supplement No. 393, July, 2024
Ten copies of each exhibit will be furnished for the use of
				  the board whenever practicable. Copies must also be available for all parties
				  of record in a proceeding.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-06
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-05 - Evidence › Section 13-01.1-05-09 - Official notice

Current through Supplement No. 393, July, 2024
The board may take notice of any fact in its orders, rules,
				  examination reports, annual reports, or any statistical data, to which
				  reference is made in the hearing, or any facts which are judicially noticed by
				  the courts of this state.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-06
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-05 - Evidence › Section 13-01.1-05-10 - Former employee participation prohibited

Current through Supplement No. 393, July, 2024
Except with the written permission of the commissioner, no
				  former employee of the department, or member of the attorney general's staff
				  assigned to the board, may appear in a representative capacity or as a witness
				  on behalf of any party at any proceeding at any time within twelve months after
				  termination of employment or assignment.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-06
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-05 - Evidence › Section 13-01.1-05-11 - Interrogatories and requests for admission

Current through Supplement No. 393, July, 2024
Any party may serve upon any other party written
				  interrogatories or requests for admission to be answered by the party served
				  or, if the party served is a public or private corporation or a partnership or
				  association or governmental agency, by any officer or agent, who shall furnish
				  such information or answer as is available to the party.
Each interrogatory or request for admission must be answered
				  separately and fully in writing under oath, unless it is objected to, in which
				  event the reasons for objection must be stated in lieu of an answer. The party
				  upon whom the interrogatories or requests for admission have been served shall
				  serve a copy of the answers, and objections if any, within fifteen days after
				  service of the interrogatories or requests for admission.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-09
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-06 - Reopening, Rehearing, Review › Section 13-01.1-06-01 - Petition to reopen

Current through Supplement No. 393, July, 2024
After the conclusion of a hearing, but before the board
				  issues its final order, any party may file with the board a petition to reopen
				  the proceeding for the purpose of taking additional evidence.
1. The petition must state the facts claimed
				to constitute the grounds for reopening of the proceeding, including the
				material changes of fact or law alleged to have occurred since the conclusion
				of the hearing.
2. A copy of the
				petition to reopen must be served by the petitioning party upon all parties to
				the proceedings or their attorneys of record, and a certificate to that effect
				will be attached to the petition when filed with the board. The original and
				ten copiesmust be filed with the board.
3. Within ten days following the service of
				any petition to reopen, any other party to the proceeding may file with the
				board the party's answer thereto, and in default thereof shall be deemed to
				have waived any objection to the granting of such petition.
4. If, after the hearing in a proceeding,
				either before or after the issuance of its final order, the board has reason to
				believe the conditions of fact or law have so changed as to require, or that
				public interest requires, the reopening of such proceeding, the board shall
				issue an order for the reopening of the proceeding. If approved, the board may
				grant the petition to reopen upon such terms and conditions as the board may
				provide.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-14
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-06 - Reopening, Rehearing, Review › Section 13-01.1-06-02 - Petition for reconsideration

Current through Supplement No. 393, July, 2024
Petitions for reconsideration must be filed in accordance
				  with North Dakota Century Code section
				   28-32-14. The original and ten
				  copies of all petitions for reconsideration must be filed with the board at the
				  time the petition is served upon the parties. Responses to petitions for
				  reconsideration must be filed with the board within ten days following the
				  service of the petition or objection to the granting of the petition will be
				  deemed waived.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-14
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-07 - Rules › Section 13-01.1-07-01 - Application

Current through Supplement No. 393, July, 2024
An application for the promulgation, amendment, repeal, or
				  adoption of any board rule must state the precise wording of the proposed rule
				  and must state briefly the reasons for the promulgation, amendment, repeal, or
				  adoption. The board may, at any time, propose adoption, amendment, or repeal of
				  any rule.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-05
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-01.1 - Practice and Procedure › Chapter 13-01.1-08 - Meetings › Section 13-01.1-08-01 - Generally

Current through Supplement No. 393, July, 2024
The board must conduct open meetings at which the public may
				  attend but will not necessarily be permitted to participate. The agenda foreach
				  open meeting will be made available in advance of the session. Items may be
				  added to, or stricken from, the agenda without further notice. Public documents
				  relating to the items on the agenda may be examined in the board's offices. As
				  provided by law, the board may conduct closed meetings to consider confidential
				  information.
General Authority: NDCC 6-01-04, 28-32-02
Law Implemented: NDCC 6-01-01, 6-01-04, 6-01-07.1, 44-04-19
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-02 - Banking and Savings and Loan Associations › Chapter 13-02-01 - Maximum Rates of Interest Payable by State Banking Associations on Time and Savings Deposits › Section 13-02-01-01 - Time deposits of one hundred thousand dollars or more [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-02 - Banking and Savings and Loan Associations › Chapter 13-02-01 - Maximum Rates of Interest Payable by State Banking Associations on Time and Savings Deposits › Section 13-02-01-02 - Fixed ceiling time deposits of less than one hundred thousand dollars [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-02 - Banking and Savings and Loan Associations › Chapter 13-02-01 - Maximum Rates of Interest Payable by State Banking Associations on Time and Savings Deposits › Section 13-02-01-04 - Governmental unit time deposits of less than one hundred thousand dollars [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-02 - Banking and Savings and Loan Associations › Chapter 13-02-01 - Maximum Rates of Interest Payable by State Banking Associations on Time and Savings Deposits › Section 13-02-01-05 - Individual retirement account and Keogh (H.R. 10) plan deposits of less than one hundred thousand dollars

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-02 - Banking and Savings and Loan Associations › Chapter 13-02-01 - Maximum Rates of Interest Payable by State Banking Associations on Time and Savings Deposits › Section 13-02-01-06 - Twenty-six-week money market time deposits of less than one hundred thousand dollars [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-02 - Banking and Savings and Loan Associations › Chapter 13-02-01 - Maximum Rates of Interest Payable by State Banking Associations on Time and Savings Deposits › Section 13-02-01-07 - Time deposits of less than one hundred thousand dollars with maturities of two and one-half years or more [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-02 - Banking and Savings and Loan Associations › Chapter 13-02-01 - Maximum Rates of Interest Payable by State Banking Associations on Time and Savings Deposits › Section 13-02-01-10 - Deposits subject to negotiable orders of withdrawal [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-02 - Banking and Savings and Loan Associations › Chapter 13-02-01 - Maximum Rates of Interest Payable by State Banking Associations on Time and Savings Deposits › Section 13-02-01-11 - Fourteen- to ninety-day time deposit of less than one hundred thousand dollars [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-02 - Banking and Savings and Loan Associations › Chapter 13-02-01 - Maximum Rates of Interest Payable by State Banking Associations on Time and Savings Deposits › Section 13-02-01-13 - Authorization

Current through Supplement No. 393, July, 2024
The state banking board authorizes state banks to pay
				  interest on deposits in accordance with all interest rate authorizations
				  adopted by the board of governors of the federal reserve system pursuant to the
				  provisions of section 19 of the Federal Reserve Act, 12 CFR Part 217 (also
				  known as regulation Q) and all interest rate adjustments authorized by the
				  depository institutions deregulation committee pursuant to the provisions of
				  the Depository Institutions Deregulation and Monetary Control Act of 1980, and
				  published in the federal register.
The authority for state banks to pay such interest on
				  deposits shall be the date the adjustments are effective unless the state
				  banking board shall otherwise direct within ninety days of the state banking
				  board receiving notification of proposed adjustments.
General Authority: NDCC 6-01-04
Law Implemented: NDCC 6-03-02, 6-03-63
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-02 - Banking and Savings and Loan Associations › Chapter 13-02-02 - Bank Reserves › Section 13-02-02-01 - Bank reserves

Current through Supplement No. 393, July, 2024
Each banking association shall have on hand at all times in
				  available funds a percentage of its deposits which shall equal the amount of
				  reserves required of it by the board of governors of the federal reserve
				  system.
General Authority: NDCC 6-01-04
Law Implemented: NDCC 6-03-37
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-02 - Banking and Savings and Loan Associations › Chapter 13-02-04 - Mailing of Monthly Statements of Banks › Section 13-02-04-01 - Definitions

Current through Supplement No. 393, July, 2024
Unless the context otherwise requires, terms used in this
				  chapter shall have the following meanings:
1. "Active account" means any checking account which has four
				  or more entries in each month.
2. "Dormant account" means any
				  account, including savings accounts, which has had no activity except interest
				  for two years or more, and the whereabouts of the depositor is unknown.
3. "Inactive account" means any checking account which has less
				  than four entries in each month and is not a dormant account.
General Authority:
NDCC
				   6-01-04
Law Implemented:
NDCC
				   6-01-04
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-02 - Banking and Savings and Loan Associations › Chapter 13-02-04 - Mailing of Monthly Statements of Banks › Section 13-02-04-02 - Active accounts - Monthly statements

Current through Supplement No. 393, July, 2024
Monthly statements of each active account, including
				  statements, canceled checks, and other documents supporting charges to each
				  account, will be available for delivery upon request as soon as possible after
				  the close of each month's business. Delivery will be made by mail or call at
				  the option of the association.
General Authority:
NDCC
				   6-01-04
Law Implemented:
NDCC
				   6-01-04
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-02 - Banking and Savings and Loan Associations › Chapter 13-02-04 - Mailing of Monthly Statements of Banks › Section 13-02-04-03 - Active accounts - Delivery of statements - Limitation

Current through Supplement No. 393, July, 2024
Not later than forty-five days after the close of the month
				  all undelivered statements of active accounts, including canceled checks and
				  other documents supporting changes to each account, will be mailed to the
				  customer.
General Authority:
NDCC
				   6-01-04
Law Implemented:
NDCC
				   6-01-04
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-02 - Banking and Savings and Loan Associations › Chapter 13-02-04 - Mailing of Monthly Statements of Banks › Section 13-02-04-04 - Inactive accounts - Monthly statements

Current through Supplement No. 393, July, 2024
Monthly statements of inactive accounts, including
				  statements, canceled checks, and other documents supporting charges to each
				  account, will be available upon request as soon as possible after the close of
				  each month. Delivery may be made by mail or call at the option of the
				  association.
General Authority:
NDCC
				   6-01-04
Law Implemented:
NDCC
				   6-01-04
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-02 - Banking and Savings and Loan Associations › Chapter 13-02-04 - Mailing of Monthly Statements of Banks › Section 13-02-04-05 - Inactive accounts - Delivery of statements - Limitation

Current through Supplement No. 393, July, 2024
At least every twelve months statements of all inactive
				  accounts, including canceled checks and other documents supporting charges to
				  each account, will be mailed to the customer.
General Authority:
NDCC
				   6-01-04
Law Implemented:
NDCC
				   6-01-04
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-02 - Banking and Savings and Loan Associations › Chapter 13-02-04 - Mailing of Monthly Statements of Banks › Section 13-02-04-06 - Dormant accounts - Controls - Reconcilement

Current through Supplement No. 393, July, 2024
All dormant accounts will be under control of two officers of
				  the bank. A dormant account register will be maintained, subject to the
				  supervision of the officers assigned to control these accounts. Entries in the
				  register will be reconciled to the total of the register at least each six
				  months.
General Authority:
NDCC
				   6-01-04
Law Implemented:
NDCC
				   6-01-04
North Dakota Administrative Code › Title 13 - Department of Financial Institutions › Article 13-02 - Banking and Savings and Loan Associations › Chapter 13-02-04 - Mailing of Monthly Statements of Banks › Section 13-02-04-07 - Savings accounts - Current - Limitation

Current through Supplement No. 393, July, 2024
Statement of balance of each savings account which is not
				  dormant will be mailed or delivered at least each twelve months.
General Authority:
NDCC
				   6-01-04
Law Implemented:
NDCC
				   6-01-04