reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-03 - Hearing Procedure › Section 98-02-03-02 - Authority of hearing officer

Current through Supplement No. 393, July, 2024
The hearing officer has the duty to conduct a hearing, and
				  related proceedings, to take all necessary action to maintain order and avoid
				  delay, and has all powers necessary to these ends, including, but not limited
				  to, the authority to:
1. Arrange and
				issue notice of, the date, time, and place of the hearing, and related
				proceedings, or upon due notice to the parties, to change any date, time, or
				place previously set.
2. Hold
				conferences to settle, simplify, or fix the issues in a proceeding, or to
				consider other matters that may aid in the expeditious disposition of the
				proceeding.
3. Require parties to
				state their position with respect to the various issues in the proceeding.
4. Administer oaths and
				affirmations.
5. Issue subpoenas
				and discovery orders.
6. Rule on
				motions or other procedural matters where the ruling does not result in a final
				determination of the proceeding.
7. Regulate the course of the hearing and
				conduct of the parties.
8. Examine
				witnesses, direct witnesses to testify, and, as may be warranted, exclude
				witnesses from the hearing room so that they cannot hear the testimony of other
				witnesses.
9. Receive, rule on,
				exclude, or limit evidence.
10.
				Fix the time for filing motions, petitions, briefs, or other items.
11. Require the parties to submit briefs,
				memoranda, and proposed findings of fact and conclusions of law.
These powers apply to procedural hearing officers as well as
				  hearing officers making recommended findings and conclusions, except as they
				  may be lawfully limited by the agency at the time of the agency's request for,
				  or designation of, a procedural hearing officer.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-21, 28-32-22, 28-32-24, 28-32-29, 28-32-33, 28-32-34, 28-32-35, 54-57-04
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-03 - Hearing Procedure › Section 98-02-03-04 - Disruption of hearing

Current through Supplement No. 393, July, 2024
Disrespectful, disorderly, or contemptuous conduct,
				  contumacious language, refusal to comply with directions, or continued use of
				  dilatory tactics by any person constitutes grounds for immediate exclusion of
				  such person from the hearing by the hearing officer.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-35, 54-57-04
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-03 - Hearing Procedure › Section 98-02-03-05 - Evidence - Official notice

Current through Supplement No. 393, July, 2024
[Reserved] See North Dakota Century Code section
				   28-32-24 for statutory
				  requirements.
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-03 - Hearing Procedure › Section 98-02-03-06 - Exhibits

Current through Supplement No. 393, July, 2024
Evidence other than witness testimony must be submitted in
				  the form of exhibits. All documentary exhibits must be on paper of good
				  quality, plainly legible, and durable, and may not exceed eight and one-half by
				  eleven inches [21.59 by 28.21 centimeters]. If approval of the hearing officer
				  is obtained, documentary exhibits need not be on paper, if they are plainly
				  legible and durable, and may exceed the size limit. If a documentary exhibit
				  exceeds the size limit, it is acceptable if it can be folded to conform to the
				  size requirement. Whenever possible, copies of exhibits must be furnished to
				  all parties. In any event, all parties must be afforded an opportunity to
				  examine the exhibit. The hearing officer may require that the parties mark
				  exhibits in advance of the hearing. When the evidence offered through the
				  exhibit is embodied in a book, document, or other material of such volume as to
				  needlessly encumber the record, an authenticated copy of the relevant excerpt
				  may be entered, or the excerpt may be read into the record, in the discretion
				  of the hearing officer.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-24, 28-32-35
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-03 - Hearing Procedure › Section 98-02-03-07 - Continuances

Current through Supplement No. 393, July, 2024
A party seeking a continuance shall first contact the other
				  parties for the purpose of obtaining a stipulated agreement. If the party
				  seeking the continuance is unable to secure a stipulated agreement then that
				  party shall submit a written request for continuance to the hearing officer,
				  with copies served upon the parties of record. These requirements may be waived
				  by the hearing officer if circumstances arise to make compliance unreasonable.
				  The hearing officer may not approve a continuance except for good cause shown.
				  The hearing officer may order a continuance upon the hearing officer's own
				  motion.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-35, 54-57-04
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-03 - Hearing Procedure › Section 98-02-03-08 - Ex parte communications

Current through Supplement No. 393, July, 2024
[Reserved] See North Dakota Century Code section
				   28-32-37 for statutory
				  requirements.
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-03 - Hearing Procedure › Section 98-02-03-09 - The record

Current through Supplement No. 393, July, 2024
Requests by a party, or any other person allowed to
				  participate in the proceeding, for the furnishing of a copy of the record, or a
				  part thereof, under either North Dakota Century Code section
				   28-32-36 or
				   28-32-44, shall be made to the
				  administrative agency. If the record is in the possession of the hearing
				  officer, the hearing officer may temporarily return it to the administrative
				  agency for preparation of the transcript, or a part thereof, to furnish to the
				  requesting party or person, or the hearing officer may retain all or a part of
				  the record until the issuance of the hearing officer's order.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-36, 28-32-44
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-03 - Hearing Procedure › Section 98-02-03-10 - Hearings conducted by electronic means

Current through Supplement No. 393, July, 2024
A hearing officer conducting a hearing for an agency under
				  North Dakota Century Code chapter
				   28-32 may conduct a hearing in
				  total or in part by making use of electronic means. If the agency has a statute
				  or rule about conducting the hearing by electronic means, the hearing officer
				  will conduct the hearing in compliance with the statute or rule. If the agency
				  has no statute or rule about conducting a hearing by electronic means, the
				  hearing officer may select the electronic means necessary to conduct the
				  hearing and determine the method and manner in which the hearing is to be
				  electronically conducted. If the agency statute or rule with regard to
				  conducting the hearing by electronic means is incomplete, the hearing officer
				  may select the electronic means necessary to conduct the hearing and determine
				  the manner or means necessary to conduct the hearing electronically, if the
				  selection or determination is not inconsistent with the statute or rule.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-35
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-04 - Posthearing Procedure › Section 98-02-04-01 - Posthearing briefs and proposed findings

Current through Supplement No. 393, July, 2024
At the conclusion of the hearing, any party may request an
				  opportunity to submit proposed findings of fact and conclusions of law and
				  briefs. The hearing officer may direct the parties to submit proposed findings
				  of fact and conclusions of law and briefs. The hearing officer shall fix the
				  time for filing and service and the order of filing, and may direct that briefs
				  be filed simultaneously or sequentially. When it is ordered that proposed
				  findings of fact and conclusions of law and briefs be filed and served by the
				  party initiating the proceeding, and that party fails to comply, the hearing
				  officer may recommend to the agency head that the proceeding be dismissed.
				  Briefs may not incorporate evidentiary materials through appendices or other
				  attachments unless those items were received in evidence during the course of
				  the hearing.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-35, 54-57-04
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-04 - Posthearing Procedure › Section 98-02-04-02 - Agency consideration of information not presented at formal hearing

Current through Supplement No. 393, July, 2024
[Reserved] See North Dakota Century Code section
				   28-32-25 for statutory
				  requirements.
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-04 - Posthearing Procedure › Section 98-02-04-03 - Findings of fact, conclusions of law, and order of agency

Current through Supplement No. 393, July, 2024
[Reserved] See North Dakota Century Code section
				   28-32-39 for statutory
				  requirements.
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-04 - Posthearing Procedure › Section 98-02-04-04 - Petition for reconsideration

Current through Supplement No. 393, July, 2024
[Reserved] See North Dakota Century Code section
				   28-32-40 for statutory
				  requirements.
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-04 - Posthearing Procedure › Section 98-02-04-05 - Effectiveness of orders

Current through Supplement No. 393, July, 2024
[Reserved] See North Dakota Century Code section
				   28-32-41 for statutory
				  requirements.
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-04 - Posthearing Procedure › Section 98-02-04-06 - Final orders, decisions on appeal

Current through Supplement No. 393, July, 2024
If a recommended order is issued by a hearing officer outside
				  the agency, the agency shall provide to that hearing officer a signed copy of
				  the final order, as soon after its issuance as possible, as well as a copy of
				  the findings of fact and conclusions of law on which the final order is based,
				  if different than the recommended findings of fact and conclusions of law of
				  the hearing officer. If a recommended order is issued by a hearing officer
				  outside the agency and the agency's final order is appealed, the agency shall
				  provide to that hearing officer a copy of any decision issued by the court on
				  appeal, as soon after its issuance as possible.
General Authority: NDCC 54-57-05
Law Implemented: NDCC 28-32-39, 28-32-42, 28-32-44, 28-32-46, 28-32-49, 54-57-05
North Dakota Administrative Code › Title 98 - Office of Administrative Hearings › Article 98-02 - Uniform Rules of Administrative Procedure for Adjudicative Proceedings › Chapter 98-02-04 - Posthearing Procedure › Section 98-02-04-07 - Petition to reopen the hearing

Current through Supplement No. 393, July, 2024
1. If a hearing
				officer issues either a recommended or final order and the hearing officer has
				not yet issued the order, any party may petition the hearing officer to reopen
				the hearing.
2. The petitioning
				party must submit with the petition to reopen the hearing a statement of
				specific grounds upon which reopening is requested or a statement of further
				showing to be made in the hearing. The petition and any statement will be
				considered a part of the record in the proceeding.
3. Specific grounds or a further showing
				sufficient to reopen a hearing include:
a.
				Any irregularities of procedure of or by the hearing officer or any party, any
				order of the hearing officer, or any abuse of discretion of the hearing officer
				by which any party was prevented from having a fair hearing.
b. Accident or surprise which ordinary
				prudence could not have guarded against.
c. Newly discovered evidence material to the
				party submitting the petition which the party could not with reasonable
				diligence have discovered or produced at the hearing.
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-01 - Organization Licenses and Local Permits › Section 99-01.3-01-01 - Ineligible organizations

Current through Supplement No. 393, July, 2024
An organization or a closely related organization may be
				  ineligible for a license or permit if either organization has failed to resolve
				  an imbalance involving its gaming or trust account according to section
				  99-01.3-03-05, has deals or games
				  with state gaming stamps that are not accounted for, is delinquent in paying
				  any tax, interest, penalty, or monetary fine due, has failed to comply with the
				  terms and conditions of an administrative order, or was convicted of violating
				  this article or North Dakota Century Code chapter 12.1-28 or 53-06.1. An
				  auxiliary that is not a closely related organization is eligible for a permit.
				  An organization that is licensed shall either have its principal executive
				  office in North Dakota or be a foreign corporation authorized to conduct a
				  raffle under chapter 20.1-04 or 20.1-08. A county, city, state, political
				  subdivision, or federal entity is not eligible for a license or permit. A
				  nonprofit social, hobby, trade, business, professional, similar club or
				  association, or organization whose primary purpose mainly provides a direct
				  benefit to its officers or members, is not a public-spirited organization
				  eligible for a license.
General Authority:
NDCC
					 53-06.1-01.1
Law Implemented:
NDCC
					 53-06.1-01,
					 53-06.1-01.1
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-01 - Organization Licenses and Local Permits › Section 99-01.3-01-02 - Site authorization

Current through Supplement No. 393, July, 2024
1. An
				eligible organization shall obtain an approved site authorization for a site
				within a city or county from the governing body of the appropriate
				jurisdiction. The attorney general shall have final approval of a site
				authorization. A separate site authorization is required for each site. A site
				authorization may be issued for a location on public or private property and
				may be restricted or conditional, including types of games, days of the week,
				and designation where games will be conducted. An organization shall comply
				with a restriction of a site authorization unless an amended site authorization
				is approved. A site authorization must describe the gaming area designated by
				an organization that restricts where games may be conducted and played. No
				restroom may be part of the gaming area. A governing body may revoke or suspend
				a site authorization based on good cause.
2. A governing body may issue a site
				authorization to two or more organizations to conduct games at the same site if
				the site authorizations restrict the organizations to different days of the
				week. However, more than one organization may be issued a site authorization
				for a fairground or similar open space of land.
3. For an initial application for a site
				authorization for an organization that desires to be recognized as an eligible
				organization, a governing body of a city or county may determine whether the
				organization qualifies by examining documents outlined in subsection 1 of
				section 99-01.3-01-03.
4. An organization may temporarily use more
				twenty-one tables at a site than a site authorization allows for up to fourteen
				days per special event provided that the event is recognized by a local
				governing body, no more than two events are held per quarter, written approval
				is granted by a local governing body, and the monthly rent amount does not
				increase. A special event is an infrequent, significant, and identifiable
				activity in the community. The site authorization does not need to be amended,
				regardless of where the tables are placed.
General Authority: NDCC
					 53-06.1-01.1
Law Implemented: NDCC
					 53-06.1-01.1,
					 53-06.1-03
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-01 - Organization Licenses and Local Permits › Section 99-01.3-01-03 - License

Current through Supplement No. 393, July, 2024
1. An organization
				may not conduct games at a site unless the attorney general first approves a
				site authorization and license for that city or county. A separate license is
				required for each city or county. For an initial application for a license for
				an organization that desires to be recognized as an eligible organization, the
				attorney general shall determine whether the organization qualifies by
				examining a copy of an organization's articles of incorporation, charter,
				bylaws, board of directors' minutes for the previous two years, or any other
				documents or records considered necessary to determine its primary purpose and
				date of origin. If the attorney general determines that an organization's
				actual primary purpose does not qualify it as an eligible organization, the
				attorney general shall deny the application.
2. A license is effective for one year
				beginning July first and ending June thirtieth and may be issued at any time
				during the fiscal year. However, the annual license fee is not prorated. If an
				organization plans to conduct a raffle on or after July first, a license may be
				issued up to twelve months prior to the beginning of the licensing period. If
				an organization received a restricted event permit during the fiscal year, it
				may not receive a state license.
3.
				When an organization first applies for a license to conduct games of chance,
				the license may not be issued to the organization until after its gaming
				manager and individuals responsible for recordkeeping and independent audit
				functions have satisfactorily demonstrated to the attorney general that the
				organization is capable of properly managing and controlling the games that it
				intends to conduct and has provided a copy of the organization's internal
				control and policy manuals.
4. If
				an organization only conducts a raffle or calcutta in two or more cities or
				counties, the organization may apply for a consolidated license prescribed by
				the attorney general and remit a one hundred fifty dollar license fee for each
				city or county in which a site is located.
General Authority:
NDCC 53-06.1-01.1
Law Implemented:
NDCC 53-06.1-01.1,
					 53-06.1-03
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-01 - Organization Licenses and Local Permits › Section 99-01.3-01-04 - Reporting a change in information

Current through Supplement No. 393, July, 2024
If information on a site authorization or license application
				  becomes inaccurate or outdated in a material way, including a change in an
				  organization's primary purpose, the organization shall provide the attorney
				  general, in writing, items of change within fourteen days following the change.
General Authority: NDCC
					 53-06.1-01.1
Law Implemented: NDCC
					 53-06.1-01.1
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-02 - General Rules › Section 99-01.3-02-02 - Record check

Current through Supplement No. 393, July, 2024
1. An organization
				or distributor may not employ a person as a temporary or permanent "employee"
				until the organization or distributor has initiated a record check on the
				person, the person has independently requested a record check from the bureau
				of criminal investigation within one year before employment, or a person is not
				required to have a record check according to subsection 5. However, an
				organization or distributor may temporarily employ a person pending the results
				of a record check.
2. An
				organization or distributor shall initiate a record check of a person by
				submitting a "request for record check" form to the attorney general within
				twenty-one calendar days of the first day of employment. If special
				circumstances exist, including an applicant residing out of state, the
				organization shall follow procedures prescribed by the attorney general. An
				organization or distributor may only request a record check of a person who has
				a written promise of employment or who is temporarily employed pending the
				result of the record check. A person shall attest to the accuracy of the
				information on the form and authorize the attorney general to release
				information on any criminal record found, including a copy of the bureau of
				criminal investigation's criminal history record information, to an
				organization or distributor which requested the record check.
3. An organization shall initiate a record
				check on employees at least every six years, commencing with the date of
				employment.
4. For the purpose of
				this section, the definition of an "employee" is:
a. A person who directly operates games on a
				site;
b. A person who is a shift or
				gaming manager;
c. A person who
				places a deal of pull tabs in a dispensing device, removes currency from a
				device, or reimburses a bar for redeemed pull tabs or credit ticket
				vouchers;
d. A person who is a
				member of a drop box cash count team; or
e. A person who directly sells or distributes
				gaming equipment for a distributor.
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-02 - General Rules › Section 99-01.3-02-04 - Equipment acquisitions and use

Current through Supplement No. 393, July, 2024
1. An organization
				shall procure gaming equipment only from a licensed distributor. However, an
				organization may:
a. Buy raffle tickets with a
				detachable stub from a printer, buy double roll tickets from any vendor, or
				construct a raffle board;
b. Buy,
				lease, or sell a used pull-tab dispensing device, including electronic pull-tab
				devices, from or to a distributor or another organization provided that a
				distributor records the transaction on a sales invoice;
c. Buy, sell, rent, lend, exchange, or give
				its own used playing cards, jar bar, jar container, twenty-one or poker table,
				video surveillance equipment, raffle drum, bingo hard cards, bingo daubers,
				bingo machine, flashboard, table cover, dealing shoe, discard holder, plunger,
				shoe and card cover, poker chips, chip tray, chip spacers, paddlewheel,
				paddlewheel table, or weight scales from or to any organization. An
				organization may not sell or otherwise provide any of these particular items or
				any other item of gaming equipment, except playing cards, to any other person
				unless approval is obtained from the attorney general; or
d. Buy a twenty-one, paddlewheel, or poker
				table, and jar bar which has been designed and constructed by a carpenter
				provided that the table playing surface for twenty-one and paddlewheel tables,
				drop box, and any related gaming equipment is purchased from a
				distributor.
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-02 - General Rules › Section 99-01.3-02-05 - Lessor and organization - Restrictions

Current through Supplement No. 393, July, 2024
1. A lessor's
				employee who is not the lessor's spouse, lessor's common household member,
				management, management's spouse, or lessor's employee or agent who approved the
				lease may conduct games at that site, including accessing a dispensing device,
				as an organization employee:
a. On a day when
				the employee is not working for the bar; or
b. On a day when the employee is working for
				the bar but is working in an area of the bar where alcoholic beverages are not
				dispensed or consumed.
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-02 - General Rules › Section 99-01.3-02-07 - Gaming manager, shift manager, and reporting violations

Current through Supplement No. 393, July, 2024
1. An organization
				shall designate one person as the gaming manager. A gaming manager may not be
				an employee of a temporary employment agency. A gaming manager is the person
				who is responsible and held accountable for managing and controlling the
				overall gaming operation. A person may be a gaming manager for not more than
				two organizations. When the gaming manager changes, an organization shall
				notify the attorney general on a prescribed form within fourteen days of the
				change.
2. An organization shall
				designate an employee at a site as a shift manager for each shift of each day.
				A shift manager shall be on the site during that shift and may not be an
				employee of a temporary employment agency. A shift manager is a person who is
				responsible and held accountable for regularly managing games at a site and
				ensuring compliance with the gaming law and rules by an employee, lessor, and
				player.
3. An organization,
				distributor, or gaming or shift manager shall immediately report any material
				violation of the gaming law or rules and any gaming-related criminal activity
				to the gaming division of the office of attorney general and a local law
				enforcement agency.
General Authority:
NDCC
					 53-06.1-01.1
Law Implemented:
NDCC
					 53-06.1-01.1
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-02 - General Rules › Section 99-01.3-02-08 - Currency of play, credit play, and borrowing from gaming funds

Current through Supplement No. 393, July, 2024
1. Play of a game must be in United States
				currency. Play of a game must be on a cash basis. An organization may, by
				policy, accept checks and allow the use of debit cards. No credit may be
				extended to a player. Payment by credit card may be accepted only for online
				raffle ticket sales. The consideration to play a game must be paid before play.
				An employee may not loan money to a player, accept a postdated check, allow a
				player to alter a check, permit a player to establish an account by depositing
				cash for making periodic withdrawals, or any similar practice. An organization
				may allow a player to buy back a check with cash and may return a player's
				check to the player as part of a prize payout but may not unnecessarily delay
				the bank deposit of that check.
2.
				An employee may not borrow gaming funds as a personal loan or substitute a
				personal check for gaming funds.
General Authority:
NDCC 53-06.1-01.1
Law Implemented:
NDCC
					 53-06.1-01.1
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-02 - General Rules › Section 99-01.3-02-09 - Persons restricted from playing games

Current through Supplement No. 393, July, 2024
1. An employee
				who is a shift or gaming manager may not play any game at any of the
				organization's sites. An employee who services a pull tab or prize board
				dispensing device may not play the device at that site.
2. An employee may not play any game while on
				duty, except a volunteer may participate in a raffle. For the game of bingo, if
				an organization's total gross proceeds for the previous fiscal year, for which
				tax returns were filed, was twenty-five thousand dollars or less, a volunteer
				who is not a bingo caller, shift manager, or gaming manager, may also play
				bingo while on duty.
3. An employee
				may not play pull tabs or prize boards, including through a dispensing device,
				tip board, club special, or punchboard until after three hours of active play
				have occurred since the employee went off duty at that site. "Active" play
				means that a game has been available for play. A player may not provide and an
				employee may not accept an unopened pull tab as a tip.
4. An employee may play twenty-one while off
				duty at organization sites only on tables that have the activity recorded by
				video surveillance.
5. A bar
				employee may not play pull tabs or prize boards, which involve a dispensing
				device, or electronic pull tabs while on duty. A bar employee may play pull
				tabs or prize boards, involving a dispensing device, or electronic pull tabs
				while off duty after three hours of active play have occurred since the bar
				employee went off duty at that site, unless otherwise prohibited by subdivision
				c of subsection 3 of section
				99-01.3-02-05.
6. An employee or bar employee taking a
				temporary break is still considered on duty.
7. If an organization allows an employee to
				play games at its site, it shall post or make available to players the policy
				at that site.
8. A shift manager
				may not permit and an employee may not allow an employee's common household
				member, spouse, child, parent, brother, or sister, at a site, to:
a. Play pull tabs, except electronic pull
				tabs, of a game while the employee is on duty as a jar operator for that game,
				regardless if the employee takes a temporary break or rotates to conduct
				another game. This rule also applies to an employee who conducts pull tab or
				prize board dispensing device activity; or
b. Play twenty-one or paddlewheels at a table
				when the employee is dealing or is a wheel operator at that table.
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-02 - General Rules › Section 99-01.3-02-10 - Acknowledgment of the gaming law and rules

Current through Supplement No. 393, July, 2024
An employee shall read and acknowledge in writing, within
				  sixty days of employment and the effective date of new gaming laws or rules,
				  that the person has read and understands the provisions that relate to the
				  person's job duties. The organization shall designate the provisions to be
				  read. An acknowledgment must be dated, reference the provisions, and be part of
				  the person's personnel file.
General Authority:
NDCC
					 53-06.1-01.1
Law Implemented:
NDCC
					 53-06.1-01.1
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-02 - General Rules › Section 99-01.3-02-11 - Outside service provider restrictions

Current through Supplement No. 393, July, 2024
Only an organization member, employee, including an employee
				  of a temporary employment agency, or member of an auxiliary to an organization
				  may manage, control, conduct games, or have sole direct access to gaming
				  assets. An organization may have an outside service provider, including another
				  organization, provide specific gaming-related services. All accounting records
				  and played games shall be stored by the organization. The organization shall
				  ensure that the outside service provider complies with the gaming law and rules
				  and may allow assistance with the following:
1. Perform audit services, including auditing
				closed games and daily activity, do interim audits of games, verify bank
				deposits, and reconcile inventory of gaming equipment and cash banks;
2. Perform accounting and bookkeeping
				services, including recording receipts and disbursements, processing payroll
				and payroll reports, reconcile bank statements, write checks, and prepare
				budgets, financial statements, and tax returns. However, an outside service
				provider may not have signatory authority of a bank account;
3. Access and review recorded
				video;
4. Take a locked bank bag or
				locked drop box to a financial institution provided the outside service
				provider has no access key; and
5.
				An outside service provider that is a security company, security agency,
				accounting firm, or financial institution may count drop box cash.
General Authority:
NDCC 53-06.1-01.1
Law Implemented:
NDCC 53-06.1-01.1,
					 53-06.1-06
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-02 - General Rules › Section 99-01.3-02-13 - Denial, suspension, or revocation of a license

Current through Supplement No. 393, July, 2024
1. The attorney
				general may deny, suspend, or revoke a license or a permit of an organization,
				distributor, or manufacturer:
a. When the
				applicant has:
(1) Violated, failed, or
				refused to comply with any provision of the gaming law or rules or any other
				law of North Dakota or has knowingly allowed, caused, aided, abetted, or
				conspired with another person to cause the person to violate any provision of
				the gaming law or rules or any other law of North Dakota;
(2) Falsified information on a license
				application or obtained a license by fraud, misrepresentation, concealment, or
				mistake;
(3) Denied the attorney
				general access to a site or manufacturing facility, or failed to timely provide
				information requested or required by the attorney general, gaming law, or
				rules;
(4) Misrepresented, or
				failed to disclose, a material fact to the attorney general; or
(5) Engaged in any act or practice to defraud
				or cheat a person, or has used a device or scheme to defraud a
				person.
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-03 - Accounting Rules › Section 99-01.3-03-01 - Accounting records and system of internal control

Current through Supplement No. 393, July, 2024
1. An organization
				shall retain purchase invoices, receipts, accounting and bank records,
				including receipts documenting eligible uses and solicitations for net
				proceeds, for three years from the end of the quarter in which the activity was
				reported on a tax return, unless otherwise provided by rule.
2. A governing board of the organization
				shall establish a written system of internal control, comprised of accounting
				and administrative controls. An organization may not permit any unauthorized
				person as determined by the governing board from reviewing this system. If the
				attorney general determines that a system of internal control is inadequate, an
				organization shall address the inadequacy. This subsection does not apply to an
				organization that only conducts a calcutta, raffle, sports pool, paddlewheel
				described by subsection 1 of section
				99-01.3-11-01, or
				poker, or is involved only in conducting no more than two events during a
				fiscal year of July first through June thirtieth and each event lasts no more
				than fourteen calendar days.
3.
				Accounting controls must include procedures and records that achieve these
				objectives:
a. Transactions are executed as
				authorized by management;
b. Gaming
				activity is properly recorded;
c.
				Access to cash, games, and other assets is permitted as authorized by
				management; and
d. Assets recorded
				on records are periodically compared to actual assets and any differences are
				resolved.
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-03 - Accounting Rules › Section 99-01.3-03-02 - Gaming account

Current through Supplement No. 393, July, 2024
1. An organization
				shall maintain all gaming accounts at financial institutions located in North
				Dakota. These accounts must be used for depositing gaming funds and
				transferring net proceeds to a trust account, except as provided by subsection
				3. All gaming prizes paid for by check, including cash and merchandise, must be
				paid from the gaming account. Transfers must be made by the last day of the
				quarter following the quarter in which the net proceeds were earned. The
				transfer date is the date the funds actually are received in the trust fund.
				The amount transferred must be for an amount equal to or greater than the
				adjusted gross proceeds, less gaming taxes, and less the greater of actual or
				allowable gaming expenses for the quarter. The gaming account may be used for
				payment of expenses. An organization may transfer funds to its general account
				for payment of expenses. If an organization is not required to maintain a trust
				account, a disbursement of net proceeds to an eligible use must be payable to
				the ultimate use or recipient. A payment may be made by electronic
				transfer.
2. Interest earned is
				other income. A service fee is an expense.
3. Organizations shall reimburse the gaming
				account as required by section
				99-01.3-03-05
				and may deposit raffle nongaming funds, bingo dauber receipts, fees from
				players who use bingo card marking devices, and prizes paid by an insurance
				company to an organization for payment to a player. Any additional deposit of
				nongaming funds into a gaming account must be communicated to the attorney
				general within five business days of the deposit.
General Authority:
NDCC 53-06.1-01.1
Law Implemented:
NDCC 53-06.1-01.1,
					 53-06.1-11
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-03 - Accounting Rules › Section 99-01.3-03-04 - Restrictions and requirements

Current through Supplement No. 393, July, 2024
1. An
				organization is allowed an expense limit according to subsection 2 of North
				Dakota Century Code section 53-06.1-11. The allowable expense amount may be
				used for any purpose that does not violate the gaming law or rules.
2. An organization may not base an employee's
				compensation on a participatory percentage of gross proceeds, adjusted gross
				proceeds, or net proceeds. An organization may pay a fixed bonus through an
				incentive program.
3. An
				organization may not pay or reimburse, nor may a lessor accept a payment or
				reimbursement from an organization, for any media advertising done by the
				lessor or any other person that is related to games at a site unless the
				organization's share of this expense is prorated to the benefit the
				organization receives and the media advertising is voluntary by the
				organization.
4. An organization
				may not pay or reimburse a lessor or share in the cost, nor may a lessor accept
				a payment, reimbursement, or sharing of the cost from an organization, of any
				sign advertising related to games at a site unless the sign is not owned by the
				lessor. If a lessor rents an advertising sign from a vendor, the organization's
				share of this expense must be prorated to the benefit the organization receives
				and the sign advertising is voluntary to the organization.
5. A player's uncollectible check is an
				expense. If an organization establishes a policy to reduce a player's cash
				prize by the amount of the player's uncollectible check and award the player
				the difference, if any, the organization shall post or make available to
				players that policy.
6. If a door
				prize is awarded as a promotion of games, the cost of the door prize is an
				expense.
7. A net cash short is an
				expense and a net cash long is other income for a quarter.
8. Only an unopened pull tab, including
				unplayed electronic pull tabs, unopened set of stapled jar tickets, or set of
				banded jar tickets that has the band intact may be accounted for as unsold or
				defective when a game is reported on a tax return. An organization shall
				account for any single unsold or defective jar ticket at a proportional selling
				price of a stapled set of jar tickets.
9. If foreign currency is exchanged into
				United States currency, any loss is an expense.
10. The attorney general shall determine
				whether a theft of an organization's gaming funds can be deducted from gross
				proceeds and adjusted gross proceeds on its tax return and notify the
				organization. The attorney general shall consider whether the organization:
a. Immediately reported the theft to a local
				law enforcement agency and the attorney general;
b. Has documentation that substantiates the
				theft amount;
c. Had physical
				security of the funds;
d. Has an
				adequate system of internal control; and
e. Incurred an identifiable theft.
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-03 - Accounting Rules › Section 99-01.3-03-05 - Reconciliation of net proceeds and trust account carryovers

Current through Supplement No. 393, July, 2024
If an organization's gaming account check register balance is
				  less than its net proceeds carryover balance or its trust account check
				  register balance is less than its trust account carryover balance, or both, as
				  reported on the tax return for the quarter ended December thirty-first, the
				  organization shall deposit the amount of the difference in the respective
				  account by January thirty-first or an extended date approved by the attorney
				  general. The source of the deposit must be nongaming funds. An organization
				  shall provide the attorney general with evidence of the deposit.
General Authority: NDCC
					 53-06.1-01.1
Law Implemented: NDCC
					 53-06.1-01.1
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-03 - Accounting Rules › Section 99-01.3-03-06 - Gross proceeds, IOUs, documenting cash and chip banks

Current through Supplement No. 393, July, 2024
1. Gross proceeds for a game must be
				separately maintained while the game is conducted. An organization shall use a
				separate cash bank for each game. However, for electronic pull-tab device
				activity, the organization shall use one cash bank for all electronic pull-tab
				games conducted at the site by the same manufacturer. The cash banks for
				twenty-oneand paddlewheel activity described by subsection 2 of section
				99-01.3-11-01, may be combined and
				the cash banks for pull-tab games at a site may be combined, if approved by the
				attorney general. If an employee needs to establish or replenish a cash bank by
				withdrawing funds from the gaming account, the employee shall execute a
				withdrawal by check or other withdrawal method and reference the site, specific
				game's name, other game type, or the combined cash bank. If a cash bank needs
				replenishment and another specific game or other game type's cash bank, cash
				reserve bank, or other funds from nongaming sources are used, an IOU form must
				be used to record the loan and payback. An IOU form must include:
a. The source and destination of the
				funds;
b. For a club special, prize
				board, tip board, seal board, raffle board, sports-pool board, series of
				paddlewheel ticket cards, and punchboard, the game's gaming stamp
				number;
c. Amount and date of loan
				and repayment; and
d. Initials of a
				cashier or an employee for each transaction.
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-03 - Accounting Rules › Section 99-01.3-03-07 - Prize register

Current through Supplement No. 393, July, 2024
For a bingo session, raffle drawing, sports-pool board,
				  calcutta board, paddlewheel excluding the use of a table, and twenty-one or
				  poker tournament, an employee shall legibly print this information on a prize
				  register or similar document when a prize is issued to a player:
1. Name of the site;
2. Game type:
a. Bingo - Date of the session and game
				number.
b. Raffles - Date of the
				drawing, winning ticket number, gaming stamp number (if applicable), and
				initials of two employees who conducted the drawing unless the initials are on
				another document.
c. Sports pools -
				Date of the sports event, winning score, and gaming stamp number.
d. Twenty-one or poker tournament - Date of
				the tournament.
e. Calcutta - Date
				of the sports event and gaming stamp number.
f. Paddlewheel excluding the use of a table -
				Date of the event, card number, winning ticket number, and gaming stamp
				number;
North Dakota Administrative Code › Title 99 - State Gaming Commission › Article 99-01.3 - Games of Chance › Chapter 99-01.3-03 - Accounting Rules › Section 99-01.3-03-12 - Tax return

Current through Supplement No. 393, July, 2024
1. An organization
				that has an active license shall file a tax return each quarter. Closely
				connected organizations shall file a consolidated tax return. A tax return and
				payment of tax for a quarter must be postmarked or hand-delivered by the last
				day of the month following the end of the quarter. However, if the last day of
				the month is a Saturday, Sunday, or holiday, the due date is the first
				following business day. An extension for filing a tax return may be granted for
				good cause, with approval of the attorney general, by filing a written request
				explaining the reason. A request must be postmarked or hand-delivered by the
				due date of a tax return.
2. An
				incomplete tax return will not be considered timely filed unless it is
				correctly completed and returned by the due date or an approved extended date.
				A tax return is incomplete if information is missing or misrepresented, it is
				not properly signed, instructions are not followed, current schedules are not
				used, or required documentation is not provided.
3. An organization shall file a quarterly tax
				return on its original due date, even though payment of the entire tax due
				cannot be paid, to minimize the interest and penalty assessed. An explanation,
				including the anticipated payment date, must accompany a tax return received
				from an organization to be considered for an installment pay plan. The attorney
				general may for good cause allow an organization to make installment payments
				of delinquent tax, interest, and penalty.
General Authority: NDCC
					 53-06.1-01.1
Law Implemented: NDCC
					 53-06.1-01.1,
					 53-06.1-12