reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-05 - Appraisal Management Companies › Chapter 101-05-01 - Appraisal Management Companies › Section 101-05-01-04 - Surety bond

Current through Supplement No. 393, July, 2024
The applicant shall provide evidence of a surety bond with
				  one or more corporate sureties authorized to do business in this state or an
				  irrevocable letter of credit issued by an insured institution in the amount of
				  twenty-five thousand dollars at the time of application.
1. The surety bond, subject to investigation
				or review by a court of record, must be conditioned that the applicant pays:
a. All amounts owing to persons who perform
				real estate appraisal services for the appraisal management company.
b. All amounts adjudged against the appraisal
				management company by reason of negligent or improper real estate appraisal
				services or appraisal management services or breach of contract in performing
				real estate appraisal services or appraisal management services.
c. Amounts owed to the board for national
				registry fees, initial registration and annual renewal fees, late filing fees,
				and change of information fees.
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-05 - Appraisal Management Companies › Chapter 101-05-01 - Appraisal Management Companies › Section 101-05-01-05 - Roster of appraisal management companies

Current through Supplement No. 393, July, 2024
The board shall maintain a roster of appraisal management
				  companies registered under the provisions of this article. The board shall
				  transmit the roster to the appraisal subcommittee. The roster must include
				  investigations initiated and disciplinary actions taken.
General Authority:
NDCC 43-23.5-02
Law Implemented:
NDCC 43-23.5-18;
					 12 USC
					 3338
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-05 - Appraisal Management Companies › Chapter 101-05-01 - Appraisal Management Companies › Section 101-05-01-06 - Notice of change of address

Current through Supplement No. 393, July, 2024
Each appraisal management company registered under the
				  provisions of this article, within thirty calendar days, shall give written
				  notice of any change of physical and mailing address, change of company name,
				  telephone number, website, facsimile, or email address to the board
				  office.
General Authority:
NDCC 43-23.5-02
Law Implemented:
NDCC
					 43-23.5-18
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-05 - Appraisal Management Companies › Chapter 101-05-01 - Appraisal Management Companies › Section 101-05-01-07 - Notice of change of designated officer

Current through Supplement No. 393, July, 2024
Each appraisal management company registered under the
				  provisions of this article, within fifteen days, shall give written notice of
				  change of designated officer of the appraisal management company, as required
				  under subsection 6 of section 101-05-01-15, to the board
				  office.
General Authority:
NDCC 43-23.5-02
Law Implemented:
NDCC 43-23.5-05,
					 43-23.5-09
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-05 - Appraisal Management Companies › Chapter 101-05-01 - Appraisal Management Companies › Section 101-05-01-08 - Notice of change of controlling person

Current through Supplement No. 393, July, 2024
Each appraisal management company registered under the
				  provisions of this article, within thirty calendar days, shall give written
				  notice of change of controlling person of the appraisal management company to
				  the board office.
General Authority:
NDCC 43-23.5-02
Law Implemented:
NDCC
					 43-23.5-09
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-05 - Appraisal Management Companies › Chapter 101-05-01 - Appraisal Management Companies › Section 101-05-01-09 - Denial of registration

Current through Supplement No. 393, July, 2024
1. An
				appraisal management company denied registration must be notified in writing by
				the board of such denial and the reasons therefore.
2. An applicant may request an informal
				meeting with the board to reconsider the denial at the board's next scheduled
				meeting. The request must be sent to the board office within thirty calendar
				days of the date of the notice of denial.
General Authority:
NDCC 43-23.5-02
Law Implemented:
NDCC 28-32-21, 28-32-22,
					 43-23.5-03, 43-23.5-04, 43-23.5-22
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-05 - Appraisal Management Companies › Chapter 101-05-01 - Appraisal Management Companies › Section 101-05-01-10 - Registration renewal

Current through Supplement No. 393, July, 2024
1. To obtain
				renewal of a registration, the holder of a current, valid registration shall
				make application on the prescribed form no later than sixty calendar days prior
				to the expiration of the registration.
2. An application for renewal must be
				accompanied by the registration renewal fee plus the applicable national
				registry fee.
3. Failure to renew a
				registration prior to expiration results in the loss of authority to operate as
				an appraisal management company in North Dakota until a request for
				reinstatement has been approved by the board. A late filing fee must be
				assessed for each month, or portion thereof, that elapses between expiration
				and reinstatement. Late filing fees and any national registry fee assessed by
				the board must be paid prior to reinstatement in addition to the annual renewal
				fees.
4. A registered appraisal
				management company may renew an expired registration at any time prior to three
				months after its date of expiration by satisfying all of the requirements for
				renewal, including paying the annual renewal and late filing fees prescribed in
				section 101-05-01-12.
5. Payment of
				annual renewal or late filing fees does not excuse a registrant from
				disciplinary action or criminal penalties for operating in violation of North
				Dakota Century Code section 43-23.5-03.
General Authority:
NDCC 43-23.5-02
Law Implemented:
NDCC 43-23.5-04, 43-23.5-06;
					 12 CFR
					 1102.403
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-05 - Appraisal Management Companies › Chapter 101-05-01 - Appraisal Management Companies › Section 101-05-01-11 - Federal appraiser registry

Current through Supplement No. 393, July, 2024
Registrants who are qualified for enrollment in the federal
				  roster or registry of appraisal management companies shall apply for enrollment
				  or reinstatement of such enrollment in same upon a form approved by the board
				  accompanied by the fee established for that purpose by the appropriate federal
				  agency or instrumentality.
General Authority:
NDCC 43-23.5-02
Law Implemented:
NDCC 43-23.5-07, 43-23.5-18;
					 12 USC
					 3341,
					 12 USC 3346,
					 12 USC
					 3353,
					 12 CFR
					 1102.403
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-05 - Appraisal Management Companies › Chapter 101-05-01 - Appraisal Management Companies › Section 101-05-01-12 - Filing fees

Current through Supplement No. 393, July, 2024
Fees may not be prorated.
1. The following application fees, and the
				national registry fee if the federal government requires, must be charged for
				an appraisal management company that is subject to registration under North
				Dakota Century Code chapter 43-23.5:
a. Initial registration fee
$2,500 + national registry fee
b. Annual renewal fee
$2,000 + national registry fee
c. Late filing fee
$100 per month
d. Change of information
$25
2. If
				required by federal law, the board may collect the following fees, as well as
				any information the state is required to collect and submit to the appraisal
				subcommittee, from each appraisal management company that is exempt from
				registration under North Dakota Century Code chapter 43-23.5:
a. Administrative fee
$500 + national registry fee
b. Late filing fee
$100 per month
c. Change of information fee
$25
The administrative fee may be waived if the federal
				  government provides funding to the board for this function.
General Authority:
NDCC 43-23.5-02
Law Implemented:
NDCC 43-23.5-04, 43-23.5-19;
					 12 USC
					 3346,
					 12 CFR
					 1102.403
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-05 - Appraisal Management Companies › Chapter 101-05-01 - Appraisal Management Companies › Section 101-05-01-13 - Refund of fees

Current through Supplement No. 393, July, 2024
Each fee is nonrefundable.
General Authority:
NDCC 43-23.5-02
Law Implemented:
NDCC 43-23.5-04, 43-23.5-19;
					 12 USC
					 3346,
					 12 CFR
					 1102.403
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-05 - Appraisal Management Companies › Chapter 101-05-01 - Appraisal Management Companies › Section 101-05-01-14 - Payment of fees

Current through Supplement No. 393, July, 2024
Checks given to the board in payment of fees which are
				  returned unpaid may be considered cause for denial, suspension, or
				  revocation.
General Authority:
NDCC 43-23.5-02
Law Implemented:
NDCC 43-23.5-04, 43-23.5-19,
					 43-23.5-22
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-05 - Appraisal Management Companies › Chapter 101-05-01 - Appraisal Management Companies › Section 101-05-01-15 - Responsibilities and duties

Current through Supplement No. 393, July, 2024
An appraisal management company registered under this article
				  shall:
1. Have a system in place to
				verify that utilized appraisers are licensed or certified and in good standing
				by this state.
2. Require each
				utilized appraiser who performs appraisals in this state to be independent from
				the transaction and certify in writing the area of geographic competency and
				the specific appraisal assignments competent to appraise.
3. Have a system in place to review the work
				of utilized appraisers who perform appraisal services to validate that the
				services were conducted in conformity with the uniform standards of
				professional appraisal practice.
4.
				Have a system in place to verify that any employee or independent contractor
				the appraisal management company utilizes to perform an appraisal review on a
				completed appraisal on property located in North Dakota, be licensed or
				certified with the same or higher qualifications required to perform the
				appraisal being reviewed, and holding a permit in good standing in North
				Dakota.
5. File a referral with the
				board if there is evidence that a utilized appraiser is in violation of the
				laws, rules, or uniform standards of professional appraisal practice, including
				grounds for disciplinary action as prescribed in North Dakota Century Code
				section 43-23.5-22.
6. Authorize a
				designated officer who is responsible for accepting the responsibilities for
				compliance with North Dakota Century Code chapter 43-23.5 and this article. The
				appraisal management company shall notify the board office, within fifteen
				calendar days, of any change in its designated officer.
7. Maintain with the board the name and
				address of a registered agent for service of process, and notify the board
				office, within fifteen calendar days, of any change to the
				information.
8. Disclose to its
				client the actual fees paid to an appraiser for appraisal services, separate
				from any other fees or charges for appraisal management services, and make the
				information available to the board office upon request.
9. Disclose its registration number within
				its engagement document with each utilized appraiser.
General Authority:
NDCC 43-23.5-02
Law Implemented:
NDCC 43-23.5-11, 43-23.5-12,
					 43-23.5-13, 43-23.5-14, 43-23.5-16, 43-23.5-17, 43-23.5-18, 43-23.5-20;
					 12 USC
					 3353,
					 12 CFR
					 1102.403
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-05 - Appraisal Management Companies › Chapter 101-05-01 - Appraisal Management Companies › Section 101-05-01-16 - Retention of records

Current through Supplement No. 393, July, 2024
An appraisal management company registered under the
				  provisions of this article shall retain the following records:
1. A detailed record of each service request
				it receives for appraisals of real property located in North Dakota, which must
				include:
a. Letter of engagement with the
				utilized appraiser.
b. Appraisal
				report received from the utilized appraiser, including the original report, any
				revised reports, and any addenda or other material furnished subsequent to the
				delivery of the original report.
c.
				Any and all material assignment-related correspondence sent to and received
				from the utilized appraiser.
d.
				Letter of engagement with the utilized reviewing appraiser for the purpose of
				reviewing the requested appraisal, if applicable.
e. Records related to the review of the
				requested appraisal, if applicable, including the original review report, any
				and all correspondence sent to and received from the utilized reviewing
				appraiser, and each subsequent revised review report.
f. Requests received from the client, all
				documentation supplied to that client, and any and all material correspondence
				sent to and received from the client.
g. Fees paid to utilized appraisers and the
				fees received from the client.
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-05 - Appraisal Management Companies › Chapter 101-05-01 - Appraisal Management Companies › Section 101-05-01-17 - Inspection and copying

Current through Supplement No. 393, July, 2024
An appraisal management company registered under the
				  provisions of this article shall make all records required to be maintained or
				  records deemed to be pertinent to an investigation of a complaint under this
				  article available for inspection and copying upon request of the board. It is
				  the duty of the registrant to provide requested records at no expense to the
				  board.
General Authority:
NDCC 43-23.5-02
Law Implemented:
NDCC
					 43-23.5-15
North Dakota Administrative Code › Title 101 - Real Estate Appraiser Qualifications and Ethics Board › Article 101-05 - Appraisal Management Companies › Chapter 101-05-01 - Appraisal Management Companies › Section 101-05-01-18 - Complaints and investigations

Current through Supplement No. 393, July, 2024
The board shall, upon written and signed complaint or
				  referral, or may, upon the board's own motion, initiate an investigation of any
				  registration holder or applicant for registration.
General Authority:
NDCC 43-23.5-02
Law Implemented:
NDCC 43-23.5-21, 43-23.5-22;
					 12 USC
					 3347
North Dakota Administrative Code › Title 102 - State Investment Board › Article 102-01 - General Administration › Chapter 102-01-01 - Organization of the State Investment Board › Section 102-01-01-01 - Organization of the state investment board

Current through Supplement No. 393, July, 2024
1.
Organization and administration.
a. History. The state investment board was
				created by the 1963 legislative assembly. A five-member board managed the
				investment of five state trust funds. Chapter 667 of the 1989 Session Laws,
				chapter 628 of the 1991 Session Laws, and chapter 245 of the 1993 Session Laws
				assigned administration of the investment program to the state retirement and
				investment office, which is a component unit of the state.
b. Board of trustees. An eleven-member board,
				as established by North Dakota Century Code section
				 21-10-01, is responsible for the
				investment of various state trust funds. Those trust funds are listed in North
				Dakota Century Code section
				 21-10-06. That section also allows
				the state investment board to provide investment services and invest money for
				other state agencies, institutions, or political subdivisions. These services
				must be provided under contract.
c. Investment of the funds. The state
				investment board invests trust fund assets in accordance with the prudent
				investor rule as defined in North Dakota Century Code section
				 21-10-07.
North Dakota Administrative Code › Title 103 - State Retirement and Investment Office › Article 103-01 - General Administration › Chapter 103-01-01 - Organization of the State Retirement and Investment Office › Section 103-01-01-01 - Organization of the state retirement and investment office

Current through Supplement No. 393, July, 2024
1.
Organization and
				administration.
a. History. Chapter 667
				of the 1989 Session Laws created the state retirement and investment office
				with the law expiring on June 30, 1991. Chapter 628 of the 1991 Session Laws
				extended the expiration date until June 30, 1993. In 1993, the legislative
				assembly repealed the expiration date creating North Dakota Century Code
				chapter 54-52.5. The office was created to coordinate the activities of the
				state investment board and the teachers' fund for retirement.
b. Governing authority. The state investment
				board is the governing authority of the state retirement and investment office.
				This authority is established by North Dakota Century Code section 54-52.5-02.
				The board is responsible for overseeing and operating the agency to coordinate
				the activities of the state investment board and the teachers' fund for
				retirement.
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-01 - General Administration › Chapter 104-01-01 - Organization of the Board › Section 104-01-01-01 - Organization of the board

Current through Supplement No. 393, July, 2024
1.
History.
The 1969 legislative assembly passed
				  legislation establishing the state board of hearing aid dealers and fitters,
				  codified as North Dakota Century Code chapter   43-33. The 1991 legislative
				  assembly changed the name of the board to the state board of hearing instrument
				  dispensers. The board is responsible for examining and licensing applicants for
				  licensure as hearing instrument dispensers, and regulating the practice of
				  fitting and dispensing hearing instruments.
2.
Board membership.
The board consists of ten
				  members appointed by the governor. Board members must be residents of the
				  state. The board consists of four hearing instrument dispensers who are not
				  audiologists or otolaryngologists, one otolaryngologist, three audiologists,
				  and two consumers. Board members serve four-year terms, and no member may be
				  reappointed to the board until at least one year after the expiration of that
				  person's second term of office.
3.
Board officers.
Board members annually
				  designate individual members to serve as chairperson, licensure secretary, and
				  treasurer.
4.
Inquiries.
Inquiries regarding the board may
				  be addressed to:
North Dakota Board of Hearing Instrument Dispensers
c/o 825 SW 25th Street
Fargo, ND 58103
General Authority: NDCC 28-32-02.1
Law Implemented: NDCC 28-32-02.1
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-02 - Miscellaneous Provisions › Chapter 104-02-01 - Definitions › Section 104-02-01-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Adequate and proper audiometric testing" as used in North
				  Dakota Century Code section   44-33-12 includes, except as provided in this
				  subsection, a minimum of air conduction, bone conduction pure tone thresholds,
				  and speech audiometry with appropriate masking. When indicated, these measures
				  should be supplemented with sound field measures, real ear evaluations, or
				  other board-approved methods of verification of improvement in hearing or
				  discrimination. The minimum tests described in this subsection are subject to
				  appropriate modification or omission depending upon the age and ability of the
				  person being tested to respond to the tests.
2. "Direct supervision" as used in subsection 2 of North
				  Dakota Century Code section   43-33-08 means to coordinate, direct, and inspect
				  at first hand the accomplishments of. Direct supervision requires direct onsite
				  supervision in the same facility or location.
3. "Hearing instrument" refers to new hearing instruments and
				  includes the serial number provided at the time of delivery, the length of
				  warranty on the hearing instrument, and whether the warranty is backed by the
				  dealer or manufacturer. The term "hearing instrument" also refers to stock
				  hearing instrument, custom shells, earmolds, used or repaired hearing
				  instruments, and includes the serial number provided at the time of delivery,
				  the length of warranty on the hearing instrument, and whether the warranty is
				  backed by the dealer, manufacturer, or repair shop. In addition, all used or
				  reconditioned instruments must be clearly marked as such.
4. "Measuring of hearing" as used in North Dakota Century
				  Code section   43-33-04 includes that such measure should be conducted in an
				  environment which takes into account background noise levels and their effect
				  upon the acquisition of valid threshold measurements. Testing should not be
				  conducted in an environment which would render thresholds invalid.
5. "Measuring of human hearing" as used in North Dakota
				  Century Code section   43-33-04 includes the measurement of human hearing through
				  the utilization of an audiometer and those procedures common to otological and
				  audiological assessment of hearing acuity.
6. "Sale" as used in North Dakota Century Code chapter   43-33
				  must be deemed made or completed when a purchase agreement of receipt is signed
				  by the purchaser, total or partial payment is made, and the hearing instruments
				  are ordered.
7. "Week" means a period of forty hours.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-01
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-02 - Miscellaneous Provisions › Chapter 104-02-02 - Board Officers › Section 104-02-02-01 - Terms and duties of officers

Current through Supplement No. 393, July, 2024
Officers elected by the board shall serve for a term of one
				  year, or until a successor is elected and qualified. It is the duty of the
				  chairperson to preside at all board meetings. It is the duty of the licensure
				  secretary to document all board business. It is the duty of the treasurer to
				  manage and document all board financial business. In the absence of the
				  chairperson, a vice chairperson must be appointed to preside at the meeting by
				  general election.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-15
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-02 - Miscellaneous Provisions › Chapter 104-02-02 - Board Officers › Section 104-02-02-02 - Filling vacancies

Current through Supplement No. 393, July, 2024
In the event of a vacancy, the unexpired terms of office for
				  chairperson, secretary, and treasurer must be filled for the remainder of the
				  unexpired term by general election by the board.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-15
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-02 - Miscellaneous Provisions › Chapter 104-02-02 - Board Officers › Section 104-02-02-03 - Licensure certificates and identification cards

Current through Supplement No. 393, July, 2024
Licensure certificates and identification cards are issued by
				  the licensure secretary appointed by the chairperson to all licensees and
				  permittees and must be in possession of the licensees and permittees at all
				  times they are involved in the practice of fitting and dispensing hearing
				  instruments.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-08
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-03 - Licensure › Chapter 104-03-01 - Examinations › Section 104-03-01-01 - Mailing notice of practicum examination

Current through Supplement No. 393, July, 2024
Notice of all practicum examinations must be sent to all
				  persons holding temporary training permits at least forty-five days prior to
				  the administration of the examination. To be eligible to participate in the
				  examination, all applications for the examination must be received by the board
				  at least thirty days prior to the examination date.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-07, 43-33-14
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-03 - Licensure › Chapter 104-03-01 - Examinations › Section 104-03-01-02 - Persons eligible to take examination

Current through Supplement No. 393, July, 2024
1. An individual may take the examination without first
				  obtaining a temporary training permit.
2. To be eligible to take the examination, trainees under
				  supervision are required to submit to the licensure secretary written
				  verification of satisfactory completion of initial training requirements as
				  outlined in North Dakota Century Code section   43-33-08.
3. An individual may take each section of the examination
				  three times. After failing the examination the third time, the individual must
				  wait at least one year before being eligible to take another examination.
4. A trainee under supervision is required to submit to the
				  licensure secretary a log verifying that adequate supervision has been given as
				  outlined in North Dakota Century Code section   43-33-08.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-07, 43-33-08
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-03 - Licensure › Chapter 104-03-01 - Examinations › Section 104-03-01-03 - Ethics on examination

Current through Supplement No. 393, July, 2024
Passing on information regarding the examination content or
				  procedures utilized, other than complaints presented to the board, is a breach
				  of professional ethics.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-12, 43-33-14
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-03 - Licensure › Chapter 104-03-01 - Examinations › Section 104-03-01-04 - Written submission of complaints

Current through Supplement No. 393, July, 2024
Each individual taking the examination must be informed that
				  the individual has the right to submit in writing any complaint the individual
				  may feel justifiable as a result of participating in the examination process,
				  but the complaint must be filed with the board within ten days of the
				  examination. The board's decision as to appropriate action is final in regard
				  to board consideration. If a complaint involved one of the members of the
				  board, that member must be excused from the deliberation.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-12
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-03 - Licensure › Chapter 104-03-01 - Examinations › Section 104-03-01-05 - Requirements for licensure

Current through Supplement No. 393, July, 2024
1. Applicants may obtain a license by successfully passing a
				  qualifying examination, provided the applicant is eighteen years of age or
				  older, of good moral character, and has an education equivalent to a four-year
				  course in an accredited high school.
2. The examination must include:
a. Tests of knowledge in the following areas as they pertain
				  to the fitting of hearing instruments:
(1) Basic physics of sound.
(2) The anatomy and physiology of the ear.
(3) The function of hearing instruments.
(4) Hearing instrument evaluating and fitting process.
(5) Elementary audiology.
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-03 - Licensure › Chapter 104-03-01 - Examinations › Section 104-03-01-06 - Fees

Current through Supplement No. 393, July, 2024
The fees charged by the board are as follows:
1. Initial license or certificate of endorsement, and annual
				  renewals thereafter, $150.00;
2. Written exam, $50.00; and
3. Practicum, $50.00.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-06, 43-33-07, 43-33-11
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-03 - Licensure › Chapter 104-03-02 - Disciplinary Action › Section 104-03-02-01 - Disciplinary grounds

Current through Supplement No. 393, July, 2024
The board may refuse to renew, suspend, revoke, or place on
				  probationary status any license or trainee permit issued by the board if the
				  licensee or permitholder has done any of the following:
1. Made any false statement or given any false information in
				  connection with an application for a license or trainee permit or for renewal
				  or reinstatement of a license or trainee permit.
2. Been issued a license or trainee permit through error.
3. Practiced as a hearing instrument dealer or fitter while
				  the person's ability to practice was impaired by alcohol or other drugs.
4. Permitted another person to use his or her license or
				  trainee permit.
5. Failed to properly supervise trainees.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-12, 43-33-13, 43-33-14
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-04 - Supervision and Training › Chapter 104-04-01 - Supervision and Training › Section 104-04-01-01 - Supervision of trainees

Current through Supplement No. 393, July, 2024
1. Supervisors of trainees must be competent professional
				  workers who hold a valid North Dakota hearing aid dealers license. The
				  supervision of the trainees must entail the personal direct involvement of the
				  supervisor in a way that will permit the supervisor to attest to the adequacy
				  of the trainee's performance in the training experience.
2. Knowledge of the trainee's work may be obtained in a
				  variety of ways, such as conferences, audio and videotape recordings, written
				  reports, staffings, discussions with other persons who have participated in the
				  training of the trainee, and must include direct observation of the trainee
				  performing pure-tone air and bone conduction and speech audiometric
				  evaluations, interpretation of audiograms, troubleshooting hearing instruments
				  and sound-field testing of subjects, as well as taking case history information
				  and performing such other activities considered important to the preparation
				  for licensure.
3. A supervisor may have a maximum of three trainees
				  concurrently.
4. All professional contacts between the supervisor and
				  trainee must be entered in the trainee logbook. The trainee may not make any
				  sale of a hearing instrument without first consulting with the supervisor and
				  obtaining the supervisor's approval and signature of such approval in the
				  supervisor's logbook prior to such sale.
5. A person who holds a temporary training permit is required
				  to be under direct supervision until having passed one of the two exams of the
				  licensing process. If the trainee has not successfully passed both examinations
				  of the licensing process within the first year, a temporary training permit may
				  be renewed or reissued once upon payment of the required fees. At this time the
				  trainee is required to be under direct supervision of the trainee's supervisor
				  until such time as both parts of the examination have been successfully passed.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-07, 43-33-08
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-04 - Supervision and Training › Chapter 104-04-01 - Supervision and Training › Section 104-04-01-02 - Training requirements

Current through Supplement No. 393, July, 2024
Training requirements are as set forth in North Dakota
				  Century Code section   43-33-08. In addition, the board also strongly recommends
				  completion of the basic home study course by the national institute of hearing
				  instruments studies or its equivalent.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-08
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-04 - Supervision and Training › Chapter 104-04-01 - Supervision and Training › Section 104-04-01-03 - Responsibility of supervisor

Current through Supplement No. 393, July, 2024
A trainee supervisor is responsible to:
1. Provide the day-to-day supervision of the trainee,
				  including assigning a licensed supervisor for temporary absences.
2. Provide the trainee with materials and equipment necessary
				  for appropriate audiometric and hearing instrument evaluation and fitting
				  procedures.
3. Supplement the trainee's background information through
				  reading lists and other references.
4. Conduct inservice training for trainees.
5. Act as consultant to the trainee, that is:
a. Provide time for conferences for the trainee.
b. Be able to provide a variety of resource materials,
				  approaches, and techniques which are based on sound theory, successful
				  practice, or documented research.
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-04 - Supervision and Training › Chapter 104-04-01 - Supervision and Training › Section 104-04-01-04 - Forms to be used

Current through Supplement No. 393, July, 2024
1. The board hereby adopts the following forms:
a. State board practicum examination score sheets (see
				  appendix C of guidelines for evaluating candidates for the practical test of
				  proficiency).
b. Trainee log.
c. Supervisor's log.
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-05 - Continuing Education › Chapter 104-05-01 - General Requirements for Continuing Education › Section 104-05-01-01 - General requirements for continuing education

Current through Supplement No. 393, July, 2024
1. Each dispenser licensed in this state is required to take
				  ten hours of continuing education each year. Subject matter for continuing
				  education credit courses must include a minimum of six hours hearing instrument
				  related, two hours may be audiology, and two hours of other subjects related to
				  the hearing instrument dispensing operation.
2. Licensees shall provide written proof of attendance and
				  completion of approved courses for renewal of license. The board may accept for
				  continuing education credit courses approved and sponsored by the international
				  hearing society, national institute of hearing instruments studies, and
				  American speech-language hearing association.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-11
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-06 - Practice Requirements › Chapter 104-06-01 - Practice Requirements › Section 104-06-01-01 - Notification of business name or address change

Current through Supplement No. 393, July, 2024
Licensees are required to notify the board within ten days of
				  when they change the name or address of their business, including notification
				  of the forwarding address when leaving the state. The business address of
				  licensees must be a permanent address and not a post-office box.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-10
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-06 - Practice Requirements › Chapter 104-06-01 - Practice Requirements › Section 104-06-01-02 - Guidelines for a thirty-day trial period

Current through Supplement No. 393, July, 2024
1. Any purchaser of a hearing instrument or instruments is
				  entitled to a refund of the full purchase price advanced by the purchaser for
				  such instrument or instruments, less a nominal usage charge as hereinafter
				  described, upon the return by the purchaser to the licensee in good working
				  order, normal wear and tear excepted, within thirty days from the date of
				  delivery of such instrument or instruments.
2. Prior to delivery to the purchaser by the licensee of any
				  instrument or instruments, the per day usage charge to which the licensee may
				  be entitled upon the return of such instrument or instruments within the
				  thirty-day period shall be fixed by written agreement. In the absence of such
				  agreement, the licensee is entitled to no more than two dollars per day per
				  instrument for each day the instrument or instruments may be held by the
				  purchaser.
3. The purchaser is entitled, at no cost, to receive a copy
				  of any written agreement as described in subsection 2, which agreement must
				  include the name, address, and phone number of the dealer or fitter.
4. No refund is due the purchaser for charges attributable to
				  earmolds, batteries, hearing tests, or hearing evaluations and other related
				  procedures such as special modifications such as needed for Cros or Bi-Cros
				  hearing instruments, or any other type of fittings and testing unless such fees
				  exceed fifteen percent of all expenses incurred in the fitting process. Upon
				  request, any fee by the dispenser over the fifteen percent must be returned to
				  the purchaser of the complained of instrument.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-14
North Dakota Administrative Code › Title 104 - North Dakota Board of Hearing Instrument Dispensers › Article 104-06 - Practice Requirements › Chapter 104-06-01 - Practice Requirements › Section 104-06-01-03 - Advertisements

Current through Supplement No. 393, July, 2024
All advertisements for testing, dispersing, or selling
				  hearing instruments must include at least the name of the dispenser present or
				  the office address and phone number of that dispenser.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-12, 43-33-14
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-01 - General Administration › Chapter 105-01-01 - Organization of the Board › Section 105-01-01-01 - Organization of the board of respiratory care

Current through Supplement No. 393, July, 2024
1.
History and function.
The 1985 legislative assembly passed legislation
				to license respiratory care practitioners, codified as North Dakota Century
				Code chapter
				 43-42. The 2005 legislative
				assembly passed legislation to license registered polysomnographic
				technologists. The governor appoints a state board of respiratory care. It is
				the responsibility of that board to license respiratory care practitioners and
				registered polysomnographic technologists within the state of North Dakota.
2.
Board membership.
The board consists of seven members appointed by the governor. Four
				members are respiratory therapists, one member is a physician, one member is a
				registered polysomnographic technologist, and one member is a representative of
				the general public. Each board member serves a term of three years. No member
				may serve more than two successive terms on the board.
3.
Officers.
The board elects a
				chairperson and officers annually.
4.
Inquiries.
Inquiries
				regarding board activities may be addressed to:
North Dakota State Board of Respiratory Care
P. O. Box 2223
Bismarck, North Dakota 58502-2223
701-222-1564
General Authority: NDCC 28-32-02.1
Law Implemented: NDCC 43-42-02
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-02 - Respiratory Care Practitioner Licensure › Chapter 105-02-01 - Initial Licensure and Renewals › Section 105-02-01-01 - Initial licensure application

Current through Supplement No. 393, July, 2024
An application for a license to practice respiratory care
				  must be made to the state board of respiratory care on forms approved by the
				  board. The application must contain such information as the board may
				  reasonably require.
1. Each
				application for a license must be accompanied by:
a. The prescribed fee.
b. An official transcript, certificate, or
				diploma verifying completion of an academic program in respiratory care
				recognized by the commission on accreditation for respiratory care or its
				successor.
c. A photocopy of
				original national board of respiratory care registry or certification
				certificate.
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-02 - Respiratory Care Practitioner Licensure › Chapter 105-02-01 - Initial Licensure and Renewals › Section 105-02-01-02 - Licensure renewal

Current through Supplement No. 393, July, 2024
Licenses are renewable annually.
1. Applications for renewal of license will
				be mailed by the board on or before December first to all license holders. Fees
				are payable to the board on or before December thirty-first of the year
				preceding the renewal year.
2. An
				application for renewal of license must be signed by the applicant.
3. License fees are considered delinquent and
				a late charge is assessed if the renewal application is not processed online or
				postmarked on or before December thirty-first of the year preceding the renewal
				year.
4. A license is considered as
				a renewal if renewal is sought within three years from the date of the last
				issuance. After three years any application is considered a new
				application.
5. Renewal of license
				must be mailed by January twenty-fourth of the renewal year if the renewal
				request is complete and postmarked on or before December
				thirty-first.
6. All late renewal
				applications will be audited and proof of continuing education units is
				required.
General Authority:
NDCC 43-42-03
Law Implemented:
NDCC
					 43-42-03
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-02 - Respiratory Care Practitioner Licensure › Chapter 105-02-01 - Initial Licensure and Renewals › Section 105-02-01-03 - Fees

Current through Supplement No. 393, July, 2024
The board has adopted the following fee payment
				  schedule:
1. Initial license fee and
				license fee for renewal are:
Registered respiratory therapist - $80.00
Certified respiratory therapist - $80.00
2. Late fees in the amount of twenty-five
				dollars must be charged for all applications received by the board which are
				postmarked after December thirty-first of the year prior to the year of
				renewal.
3. Respiratory therapists
				who initially become licensed after November first of the year are exempt from
				licensure renewal for a period of one year. There is no proration of
				fees.
General Authority:
NDCC 43-42-03
Law Implemented:
NDCC
					 43-42-03
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-02 - Respiratory Care Practitioner Licensure › Chapter 105-02-01 - Initial Licensure and Renewals › Section 105-02-01-04 - Continuing education

Current through Supplement No. 393, July, 2024
To renew a license, a person must present proof of having
				  attended or acquired at least ten clock-hours of continuing education approved
				  by the board. If any licensee allows the licensee's license to lapse for a
				  period of more than one year, the licensee must be required to submit proof of
				  attendance or acquisition of at least ten clock-hours of continuing education
				  for each year that the license has lapsed up to a period of three years.
Continuing education for licensure renewal must be completed
				  in the calendar year prior to the year for which licensure is sought. Under
				  extraordinary circumstances, the board may consider a request for continuing
				  education hours accrued in the same calendar year.
Continuing education courses must relate to or increase the
				  professional competence of the attendee. This determination will be made by the
				  board through approval of requested courses. The board has the authority to
				  accept programs sponsored by a local, state, regional, national, international,
				  scientific, or professional organization appropriate to provide continuing
				  education (i.e., American association of respiratory care (AARC), North Dakota
				  society of respiratory care (NDSRC), American medical association (AMA),
				  American lung association (ALA), American heart association (AHA), American
				  academy of sleep medicine (AASM), American association of sleep technologists
				  (AAST), board of registered polysomnographic technologists (BRPT), American
				  society of electroneurodiagnostic technologists (ASET),
				  etc.).
General Authority:
NDCC 43-42-03
Law Implemented:
NDCC
					 43-42-03
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-02 - Respiratory Care Practitioner Licensure › Chapter 105-02-01 - Initial Licensure and Renewals › Section 105-02-01-05 - Passing score

Current through Supplement No. 393, July, 2024
The successful passing of a national examination means
				  obtaining a score equal to or greater than the passing score established by the
				  national board for respiratory care or its successor, as recognized by the
				  board, which is in effect at the time of the administration of the test.
General Authority: NDCC 43-42-03
Law Implemented: NDCC 43-42-03
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-02 - Respiratory Care Practitioner Licensure › Chapter 105-02-01 - Initial Licensure and Renewals › Section 105-02-01-06 - Qualified applicant

Current through Supplement No. 393, July, 2024
In licensing a registered respiratory therapist or a
				  certified respiratory therapist, "qualified" means trained and possessing the
				  credential issued by the recognized testing or certification body of the
				  profession.
General Authority:
NDCC 43-42-03
Law Implemented:
NDCC
					 43-42-03
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-03 - Practice of Respiratory Care › Chapter 105-03-01 - Respiratory Care Practice › Section 105-03-01-01 - Display of license

Current through Supplement No. 393, July, 2024
Every person licensed under North Dakota Century Code chapter
				   43-42 to practice as a registered
				  respiratory therapist or certified respiratory therapist shall maintain such
				  license or certificate in the office, department, business, or place in which
				  the person practices, where, upon request, it is available to the public.
General Authority: NDCC 43-42-03
Law Implemented: NDCC 43-42-03