reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 84 - Treasurer, State › Article 84-01 - General Administration › Chapter 84-01-01 - Organization of Office › Section 84-01-01-01 - Organization and functions of the of.ce of state treasurer

Current through Supplement No. 393, July, 2024
1.
History
. The state treasurer is a
				  constitutionally elected of.cer of the state under section 2 of article V of
				  the Constitution of North Dakota. The powers and duties of the state treasurer
				  are prescribed by law.
2.
Functions
. The state treasurer receives and
				  keeps all money of the state except if otherwise provided; disburses public
				  money upon warrants lawfully drawn; renders the treasurer's accounts to
				  the of.ce of management and budget as required; reports biennially to the
				  governor the balance in the treasury; maintains custody of the permanent fund;
				  is custodian of the securities of the state; and is responsible for several
				  distributions of taxes to county and city government. The state treasurer
				  serves, by law, on the university and school lands board, state investment
				  board, state board of equalization, state historical board, state board of
				  canvassers, and the teachers' fund for retirement board.
3.
Inquiries
. All inquiries regarding the state
				  treasurer's of.ce may be addressed to:
State Treasurer
State Capitol
600 East Boulevard Avenue Bismarck,
North Dakota 58505-0600
All requests for hearings, rulings, and for participation in
				  rulemaking may be addressed to the state treasurer, unless speci.c public
				  notice directs otherwise.
General Authority: NDCC 28-32-02.1
Law Implemented: NDCC 28-32-02.1
North Dakota Administrative Code › Title 84 - Treasurer, State › Article 84-03 - Township Road Fund Distribution › Chapter 84-03-01 - Distribution to Townships › Section 84-03-01-01 - Township road defined

Current through Supplement No. 393, July, 2024
A township road, for purposes of the administration of North
				  Dakota Century Code section   57-50-01, is a public road established pursuant to
				  North Dakota Century Code chapter   24-07 which is an improved road, constructed,
				  maintained, graded, and drained by the township, or county in the case of an
				  unorganized township. A township road includes a street in an unincorporated
				  townsite and does not necessarily have to be surfaced. A sodded road is not a
				  township road. In order for a section line to be a township road it must be
				  graded and drained and be an improved maintained road. A township road is a
				  public road which is not designated as part of a county, state, or federal-aid
				  road system and is not located in an incorporated city.
General Authority: NDCC 54-27-19.1
Law Implemented: NDCC 54-27-19.1
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-01 - General Administration › Chapter 85-01-01 - Definitions and General Provisions › Section 85-01-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The following definitions, in addition to the definitions in
				  North Dakota Century Code chapters 15-05, 15-06, 15-07, 15-08, 15-08.1, 38-09,
				  47-06, 47-30.2, and 57-62, apply to this title:
1. "Acquired lands" includes all property
				defined as "nongrant" and "other than original grant lands" in North Dakota
				Century Code section 15-07-01.
2.
				"Arm's length transaction" means a transaction between parties with adverse
				economic interests in which each party to the transaction is in a position to
				distinguish its economic interest from that of the other party and does not
				mean a transaction made by a corporation or other entity with itself, or a
				parent, subsidiary, or interrelated corporation or entity, or between partners
				or co-joint venturers, or between corporations or other entities having
				interlocking directorships or close business relationships that may compromise
				their individual interests.
3.
				"Agricultural use" includes the use of trust lands for the purpose of grazing,
				cropping, and haying.
4. "Board"
				means the board of university and school lands.
5. "Bonus" means the monetary consideration
				paid by a lessee for the execution of a lease by the board.
6. "Certified appraiser" means a certified
				general appraiser or a certified residential appraiser who holds a valid permit
				issued by the North Dakota real estate appraiser qualifications and ethics
				board.
7. "Coal" means a
				dark-colored compact and earthy organic rock with less than forty percent
				inorganic components, based on dry material, formed by the accumulation and
				decomposition of plant material. The term includes consolidated lignitic coal,
				in both oxidized and nonoxidized forms, and leonardite, having less than eight
				thousand three hundred British thermal units per pound [453.59 grams], moist
				and mineral matter free, whether or not the material is enriched in radioactive
				materials.
8. "Coal lease" means a
				contract entered between the board and a third party for a coal mining
				operation on trust lands.
9. "Coal
				leased premises" means the land subject to a given coal lease.
10. "Coal mining operation" means any type of
				activity conducted to discover, or prospect for, the presence of coal, or to
				remove the coal so discovered from its original position on or in the land by
				any means whatsoever.
11.
				"Commercial quantities" means whether:
a. The
				well yields a profit exceeding operating costs over a reasonable period of
				time; and
b. A reasonably prudent
				operator would continue operating a well in the manner being operated under the
				facts and circumstances.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-01 - General Administration › Chapter 85-01-01 - Definitions and General Provisions › Section 85-01-01-02 - Exception

Current through Supplement No. 393, July, 2024
The board may grant an exception to articles 85-03, 85-04,
				  and 85-06, after due notice and hearing, when such exception is in the best
				  interests of the trusts.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-01-02
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-01 - Definitions › Section 85-02-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The following definitions, in addition to the definitions in
				  North Dakota Century Code chapter
				  57-62, apply to this
				  article:
1. "Advisory committee" means
				the committee selected by the board to review grant applications and make
				recommendations to the board. Committee members must possess expertise and
				experience within a particular sector relevant to the grants being
				awarded.
2. "Aged grant" means a
				grant that has not been fully expended, is past the expected completion date,
				and does not have written approval to extend the completion date.
3. "Director" means the director of the
				energy infrastructure and impact office or director's designee.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 15-01-02,
					 57-62-05
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-02 - Grant Processing › Section 85-02-02-01 - Grant Announcement

Current through Supplement No. 393, July, 2024
All grant announcements must be posted on the energy impact
				  webpage. Grant announcements may be sent either electronically or by postal
				  mail to:
1. Media contacts;
2. Members of the North Dakota legislative
				assembly;
3. North Dakota league of
				cities or association of counties, whichever applies;
4. Other associations representing targeted
				grant sectors;
5. Board
				members;
6. All department contacts
				for the targeted grant sector; and
7. Anyone who requests a copy.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 57-62-05
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-02 - Grant Processing › Section 85-02-02-02 - Applications

Current through Supplement No. 393, July, 2024
1. An applicant
				shall complete and submit a grant application prescribed by the director along
				with supporting documentation, including engineer estimates, vendor bids or
				quotes, most recent audited financial statements, established budget for the
				political subdivision, mill levy and taxable valuation used to determine the
				mill levy, and any other supplemental information requested by the director or
				published in the grant announcement.
2. A grant application must be received by
				the energy infrastructure and impact office before the deadline listed in the
				grant announcement. For good cause shown, a grant application received after
				the deadline may be considered at the discretion of the advisory committee,
				board, or director.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 57-62-05
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-02 - Grant Processing › Section 85-02-02-03 - Signatures

Current through Supplement No. 393, July, 2024
1. For political
				subdivisions, a grant application must be signed by an appointed or elected
				government official and the primary fiscal officer assigned the duties of
				managing grant communications, reports, and reimbursement requests.
2. For an entity exempted from statutory
				political subdivision requirements, a grant application must be signed by the
				primary executive and the primary fiscal officer assigned the duties of
				managing grant communications, reports, and reimbursement requests.
3. An electronic signature is
				permissible.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 57-62-05,
					 57-62-06
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-02 - Grant Processing › Section 85-02-02-04 - Scoring

Current through Supplement No. 393, July, 2024
The director has discretion not to score a substantially
				  incomplete application, resulting in the disqualification of the substantially
				  incomplete application. In reviewing a grant application, the following may be
				  considered:
1. Objective;
2. Project readiness and timeline for
				completion;
3. Impact of energy
				activity;
4. Health, welfare, and
				safety of citizens where the project contributes to sustained economic
				development or activity;
5. Budget
				and other available funding;
6.
				Completeness of the application; and
7. Any other criteria deemed relevant by the
				advisory committee, board, or director.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 57-62-05,
					 57-62-06
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-02 - Grant Processing › Section 85-02-02-05 - Assignment of Funds

Current through Supplement No. 393, July, 2024
If an advisory committee is appointed, it shall review each
				  application and assign a recommended amount to each grantee, the aggregate not
				  to exceed that authorized by the board.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 15-01-02,
					 57-62-05
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-02 - Grant Processing › Section 85-02-02-06 - Supplement

Current through Supplement No. 393, July, 2024
If approved in advance by the director, an applicant may
				  supplement its application.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 57-62-05
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-02 - Grant Processing › Section 85-02-02-07 - Advisory Committee Recommendations

Current through Supplement No. 393, July, 2024
The advisory committee, if appointed, shall submit to the
				  director its recommendations for funding, as well as a list of the applications
				  not recommended for funding. The director shall submit the recommendations for
				  the board's consideration and approval. The director may also submit the
				  director's recommendations, if different from the advisory committee, for board
				  consideration and approval.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 15-01-02,
					 57-62-05
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-03 - Grant Award › Section 85-02-03-01 - Authority

Current through Supplement No. 393, July, 2024
The board retains final authority to award grant
				  funds.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 15-01-02
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-03 - Grant Award › Section 85-02-03-02 - Signatures

Current through Supplement No. 393, July, 2024
All correspondence, grant extension requests, grant
				  allocation change requests, or other presentations must be signed by the
				  following:
1. A political
				subdivision--an appointed or elected government official.
2. An entity exempted from statutory
				political subdivision requirements--the primary executive or the primary fiscal
				officer assigned the duties of managing grant communications, reports, and
				reimbursement requests.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 57-62-05,
					 57-62-06
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-03 - Grant Award › Section 85-02-03-03 - Acceptance of Grant

Current through Supplement No. 393, July, 2024
A grant recipient shall receive written notification of the
				  grant awarded by the board from the director. The grant recipient shall
				  acknowledge and return, within thirty days of the date of the notice, the
				  recipient's acceptance or declination of funds on a form provided by the
				  director. If a recipient fails to acknowledge acceptance of the grant funds
				  within the thirty days, the board may declare the grant award
				  void.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 15-01-02,
					 57-62-05
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-03 - Grant Award › Section 85-02-03-04 - Vendor Registry

Current through Supplement No. 393, July, 2024
A grant recipient must be registered with the office of
				  management and budget as an active participant to receive electronic payment
				  transactions.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 57-62-05
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-03 - Grant Award › Section 85-02-03-05 - Grant Period

Current through Supplement No. 393, July, 2024
The length of a grant period is three years, unless otherwise
				  adjusted by the board.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 57-62-05
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-03 - Grant Award › Section 85-02-03-06 - Progress Report

Current through Supplement No. 393, July, 2024
1. The grantee
				shall submit to the director a biannual progress report, prescribed by the
				energy infrastructure and impact office. The biannual progress report must be
				received by the energy infrastructure and impact office by the twentieth day of
				June and December of every year of the project.
2. The director may conduct onsite project
				status visits to review and document utilization of the grant. The director
				shall provide advance notice to the grantee of any project status visits. The
				grantee shall provide the director with any project documentation upon request
				by the director; assist with inspection of equipment purchased, completed
				construction, or review of any other project expenditures; and provide a
				description of the remaining budget and timeline for the project.
3. If a grantee is delinquent in submitting a
				progress report or does not comply with the project status visit, the director
				may delay grant reimbursements.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 57-62-05
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-03 - Grant Award › Section 85-02-03-07 - Payment of Grant

Current through Supplement No. 393, July, 2024
1. Grant funds are
				distributed based on documentation of either expenditures for project
				completion or asset acquisition, as approved by the director. Reimbursement may
				be authorized in phases or based on the incurrence of expenditures by the
				grantee. A grantee shall submit a request for reimbursement on forms prescribed
				by the energy infrastructure and impact office in order to receive
				reimbursement. A request for reimbursement must include:
a. A vendor invoice; and
b. Documentation of payment or formal meeting
				minutes, if authority is required by a governing body, which approves payment
				of project expenditures.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-03 - Grant Award › Section 85-02-03-08 - Grant Extension or Retirement

Current through Supplement No. 393, July, 2024
1. The grantee may
				submit a written request to the director if a grant project will not be
				completed by expiration of the grant period. The request must be received by
				the director no later than seventy-five days prior to expiration of the grant
				period. The request must detail:
a. The
				necessity for the request and the specific reasons why the project cannot be
				completed by the end of the grant period;
b. The portion of the project completed since
				the grant was awarded;
c. The
				efforts the grantee has taken to complete the project prior to expiration of
				the grant period;
d. The timeline
				for completion of the project; and
e. Any additional information requested by
				the director.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-03 - Grant Award › Section 85-02-03-09 - Changes to Purpose or Scope of Project

Current through Supplement No. 393, July, 2024
Funds must be used for the purpose or scope proposed in the
				  grantee's application, unless a grantee makes a written request to the director
				  for authorization to modify the purpose or scope of the project. The grantee
				  must provide supporting documentation detailing the proposed modification.
				  Authorization for a modification may be granted, as follows:
1. A modification that does not change the
				overall project goals, as originally proposed, may be approved by the
				director.
2. A modification that
				changes the overall project goals, as originally proposed, or reallocates the
				funding to costs not included in the grantee's application may only be approved
				by the board.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 15-01-02,
					 57-62-05
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-04 - Aged Grants › Section 85-02-04-01 - Aged Grants

Current through Supplement No. 393, July, 2024
In the event of an aged grant, the director shall notify the
				  grantee in writing that the board intends to cancel the grant and retire the
				  remaining balance. Within fifteen days of the postmark of the notice, the
				  grantee shall:
1. Submit a written
				response to the director indicating that the grantee concurs with cancellation
				of the grant; or
2. Submit a
				request for a grant extension.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 57-62-05
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-02 - Energy Infrastructure and Impact Grants › Chapter 85-02-04 - Aged Grants › Section 85-02-04-02 - Grant Deemed Unresponsive

Current through Supplement No. 393, July, 2024
A grantee that does not respond to the director's notice is
				  deemed to concur with the cancellation of the grant. The board may cancel the
				  grant immediately and retire the remaining balance to the originating grant
				  fund. If an extension of an aged grant is not granted, the board may cancel the
				  grant immediately and retire the remaining balance to the originating grant
				  fund.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 15-01-02,
					 57-62-05
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-01 - Definitions › Section 85-03-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The following definitions, in addition to the definitions in
				  North Dakota Century Code chapter 47-30.2, apply to this article:
1. "Claim" means the formal filing that
				initiates the process of returning unclaimed property to the rightful
				owner.
2. "Claimant" means the
				individual submitting the claim form for unclaimed property.
3. "Claim form" means the form prescribed by
				the administrator by which a claim can be initiated.
4. "Due diligence" means the holder's efforts
				to contact the owner prior to remitting property to the administrator, as
				required under North Dakota Century Code sections 47-30.2-26 and
				47-30.2-27.
5. "Heir finder" means
				an individual or business that assists owners in locating unclaimed property
				for a fee.
General Authority:
NDCC 47-30.2-03
Law Implemented:
NDCC
					 47-30.2
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-02 - Reporting Abandoned PropertY › Section 85-03-02-01 - Reporting of abandoned property

Current through Supplement No. 393, July, 2024
A holder shall report abandoned property to the administrator
				  in the standard national association of unclaimed property administrators'
				  format.
General Authority:
NDCC 47-30.2-03
Law Implemented:
NDCC 47-30.2-21, 47-30.2-22,
					 47-30.2-23, 47-30.2-32, 47-30.2-37
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-02 - Reporting Abandoned PropertY › Section 85-03-02-02 - Information contained in reports

Current through Supplement No. 393, July, 2024
In addition to the requirements in North Dakota Century Code
				  section 47-30.2-22, a holder shall submit the following information in the
				  report, if available:
1. Identifying
				check, account, or policy number;
2. Owner date of birth; and
3. For mineral proceeds, a legal land
				description, well number, recording information, and any other information to
				adequately describe the lease.
General Authority:
NDCC 47-30.2-03
Law Implemented:
NDCC 47-30.2-21, 47-30.2-22,
					 47-30.2-23
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-02 - Reporting Abandoned PropertY › Section 85-03-02-03

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 47-30.1-38
Law Implemented:
NDCC
					 47-30.1-17
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-02 - Reporting Abandoned PropertY › Section 85-03-02-04 - Mineral proceeds

Current through Supplement No. 393, July, 2024
A holder shall accumulate mineral proceeds and submit an
				  annual lump sum report to the administrator before November first for the
				  amount due through June thirtieth.
General Authority:
NDCC 47-30.2-03
Law Implemented:
NDCC 47-30.2-04, 47-30.2-21,
					 47-30.2-22, 47-30.2-23, 47-30.2-32
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-02 - Reporting Abandoned PropertY › Section 85-03-02-05

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 47-30.1-38
Law Implemented:
NDCC
					 47-30.1-17,
					 47-30.1-27
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-02 - Reporting Abandoned PropertY › Section 85-03-02-06 - Notice to apparent owner by holder of automatic reinvestment account

Current through Supplement No. 393, July, 2024
For accounts containing a security as defined in subsection
				  30 of North Dakota Century Code section 47-30.2-01 that allow for automatic
				  reinvestment of dividends or interest and where there is no record of
				  indication of apparent owner interest in the property as defined in North
				  Dakota Century Code section 47-30.2-12, holders shall provide notice via
				  certified mail to the apparent owner at a minimum of once every three years in
				  a format substantially similar to that required in North Dakota Century Code
				  section 47-30.2-27. A return of a certified mail return receipt signed by the
				  apparent owner shall constitute evidence of indication of apparent owner
				  interest in the subject property as required by North Dakota Century Code
				  section 47-30.2-12. The holder shall retain all valid return receipts as
				  records of indication of apparent owner interest. A return to sender as
				  undeliverable or not signed by the apparent owner shall cause the property to
				  be subject to due diligence procedures pursuant to North Dakota Century Code
				  sections 47-30.2-26 and 47-30.2-27. A deceased individual cannot demonstrate an
				  ownership interest in property.
General Authority:
NDCC 47-30.2-03
Law Implemented:
NDCC 47-30.2-12, 47-30.2-26,
					 47-30.2-27
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-03 - Claiming Property › Section 85-03-03-01

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 47-30.1-38
Law Implemented:
NDCC
					 47-30.1-24,
					 47-30.1-24.1,
					 47-30.1-25
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-03 - Claiming Property › Section 85-03-03-02 - Required Documentation

Current through Supplement No. 393, July, 2024
A claimant shall provide adequate documentation to establish
				  ownership of the abandoned property, including photo identification and
				  documentation of social security number.
1. The following additional documentation is
				required when a claim is submitted on behalf of:
a. Deceased individuals: Copy of death
				certificate and documentation providing legal claim authority.
b. Business claims: Federal employer
				identification number and documentation providing legal claim
				authority.
c. Incapacitated
				individuals: Copy of documentation providing legal claim authority.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-03 - Claiming Property › Section 85-03-03-03 - Payment of Claim

Current through Supplement No. 393, July, 2024
Upon approval of a claim, payment must be issued:
1. In the name of the reported
				owner;
2. In accordance with a
				court order; or
3. In the name of
				the rightful owner, as determined by the administrator, based on the records of
				the holder and other information available to the administrator.
General Authority:
NDCC
					 47-30.1-38
Law Implemented:
NDCC
					 47-30.1-24,
					 47-30.1-25
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-03 - Claiming Property › Section 85-03-03-04 - Heir Finder Requests

Current through Supplement No. 393, July, 2024
1. An electronic
				list of owners must be provided upon request. The list includes:
a. Property held by the unclaimed property
				division as of the date of the request;
b. Owner's name;
c. Owner's last known address;
d. Holder information;
e. Date of last activity; and f. Type of
				property.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-03 - Claiming Property › Section 85-03-03-05 - Claims Submitted by Heir Finder

Current through Supplement No. 393, July, 2024
An approved claim submitted by an heir finder must be paid in
				  the name of the original owner.
General Authority:
NDCC
					 47-30.1-38
Law Implemented:
NDCC
					 47-30.1-24,
					 47-30.1-35
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-04 - Examinations › Section 85-03-04-01 - Contract examiners

Current through Supplement No. 393, July, 2024
1. The
				administrator may contract with a person to conduct unclaimed property
				examinations to determine compliance with North Dakota Century Code chapter
				47-30.2.
2. A contract to conduct
				an examination may provide for compensation of the person based on a fixed fee,
				hourly fee, or contingent fee.
3.
				An examiner may not engage in any unclaimed property examination to determine
				compliance with North Dakota Century Code chapter 47-30.2 without written
				authorization from the administrator.
4. An examiner shall report in writing to the
				administrator at least monthly on the status of all unclaimed property
				examinations the examiner has been authorized to perform by the
				administrator.
General Authority:
NDCC 47-30.2-03,
					 47-30.2-56
Law Implemented:
NDCC
					 47-30.2-55
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-04 - Examinations › Section 85-03-04-02 - Notice of examination

Current through Supplement No. 393, July, 2024
1. All unclaimed
				property examinations begin with an official notice of examination.
2. The notice of examination must include:
a. An explanation that the administrator is
				authorized to examine the records of the person subject to examination pursuant
				to North Dakota Century Code chapter 47-30.2;
b. The identity of the assigned examiner;
				and
c. The examiner's contact
				information.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-04 - Examinations › Section 85-03-04-03 - Entrance conference

Current through Supplement No. 393, July, 2024
1. Once an
				examination is assigned and written notice of examination is provided to the
				person subject to examination, an entrance conference will be scheduled with
				the examiner and representatives of the person subject to examination. A
				representative of the administrator may participate in an entrance
				conference.
2. During the entrance
				conference, the examiner shall, to the extent practicable:
a. Identify the types of property that will
				be subject to the examination and the time period covered by the
				examination;
b. Discuss an
				examination work plan, a tentative schedule, and the scope of work;
c. Provide contact information for both the
				examiner and the administrator;
d.
				Notify the person subject to examination of the person's ability to request an
				informal conference with the administrator pursuant to North Dakota Century
				Code section 47-30.2-61;
e. Advise
				the person subject to examination that the administrator and not the examiner
				makes determinations concerning that person's liability under North Dakota
				Century Code chapter 47-30.2 and that interpretations of that chapter are made
				by the administrator;
f. Request
				records and materials necessary to proceed with the next steps of the
				examination;
g. Explain the
				requirement to provide a due diligence notice to the apparent owner of property
				presumed abandoned; and
h. Explain
				that, unless otherwise agreed to in writing by the administrator, the person
				subject to examination shall remit any unclaimed property identified during the
				examination that is owed to the state of North Dakota.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-04 - Examinations › Section 85-03-04-04 - Examination refusal

Current through Supplement No. 393, July, 2024
If the person subject to examination refuses to adhere to the
				  rules and laws, the examiner shall inform the administrator of the refusal and
				  the commissioner may bring action to enforce the rules and laws as outlined in
				  North Dakota Century Code chapter 47-30.2, including issuing an administrative
				  subpoena.
General Authority:
NDCC 47-30.2-03,
					 47-30.2-56
Law Implemented:
NDCC
					 47-30.2
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-04 - Examinations › Section 85-03-04-05 - Examination guidelines

Current through Supplement No. 393, July, 2024
1. The examiner and
				the person subject to examination shall act in good faith to conduct the
				examination under the terms and within the time frame established in the
				entrance conference.
2. During the
				examination, the examiner may make subsequent requests, to the person subject
				to examination, for additional books and records required to complete the
				examination.
a. The examiner shall submit
				record requests to the person subject to examination in writing or, if the
				request is made verbally, shall follow up with written documentation of the
				request.
b. Record requests must
				have reasonable deadlines in order to move the examination forward and avoid
				unnecessary delays.
c. The examiner
				shall provide a reasonable time frame for the person subject to examination to
				respond to the request based on the type and extent of the information
				requested and other relevant facts and circumstances.
d. The examiner shall provide confirmation of
				receipt with reasonable projected response times to submissions received from
				the person subject to examination.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-04 - Examinations › Section 85-03-04-06 - Estimation

Current through Supplement No. 393, July, 2024
Examinations carried out using estimation as set forth by
				  North Dakota Century Code section 47-30.2-59 adhere to the following
				  rules:
1. Estimation may only be used
				when the person subject to the examination failed to comply with North Dakota
				Century Code section 47-30.2-24, or when the person and the administrator
				mutually agree to the use of estimation. The ability of the administrator to
				use estimation is intended as a deterrent to the intentional or negligent
				destruction of records that would be used in an unclaimed property examination
				to identify unclaimed property.
2.
				A payment made based on estimation under this section does not relieve a person
				subject to an examination from an obligation to report and deliver property to
				a state in which the holder is domiciled.
3. An examiner may use estimation in an
				examination if:
a. The person subject to
				examination agrees in writing to the use of estimation as part of an
				examination resolution agreement; or
b. The administrator concludes that the
				person subject to an examination failed to comply with North Dakota Century
				Code section 47-30.2-24 and the administrator approves in writing the use of
				estimation in the examination.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-04 - Examinations › Section 85-03-04-07 - Multistate examinations

Current through Supplement No. 393, July, 2024
1. The
				administrator may agree to participate in an examination of a person for
				compliance with unclaimed property laws of multiple states, including North
				Dakota Century Code chapter 47-30.2, when examiners perform examinations for
				more than one state.
2. As
				different states participating in a multistate examination will have different
				rules for examinations, there may be conflicts between the statutory or
				regulatory requirements for how the examiner should conduct the examination.
				When practicable, the examiner should comply with the requirements of this
				section when conducting a multistate examination. However, if there is a
				conflict between the requirements of this section and the requirements of one
				or more other states, the examiner may vary from the requirements of this
				section so long as the examiner:
a. Follows
				any requirements imposed by North Dakota Century Code chapters 44-04 and
				47-30.2, including confidentiality requirements; and
b. Uses North Dakota Century Code chapter
				47-30.2 with regards to any property for which the state of North Dakota has
				the superior claim.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-04 - Examinations › Section 85-03-04-08 - Bankruptcy

Current through Supplement No. 393, July, 2024
If, at any time before or during an examination, the person
				  subject to examination files for bankruptcy, that person shall give notice of
				  the filing to the examiner. The examiner shall, within seven calendar days
				  after receiving notice or the discovery of the event, notify the administrator
				  of the bankruptcy filing. If the administrator so elects, the examiner shall
				  assist the administrator to ensure that a proper proof of claim is timely filed
				  in the bankruptcy action.
General Authority:
NDCC 47-30.2-03,
					 47-30.2-56
Law Implemented:
NDCC 47-30.2-55, 47-30.2-58,
					 47-30.2-62
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-04 - Examinations › Section 85-03-04-09 - Examination resolution agreements

Current through Supplement No. 393, July, 2024
1. The commissioner
				may resolve an examination via negotiation and settlement with the person
				subject to examination.
2. The
				commissioner may not agree in a settlement to provide indemnification beyond
				that provided in North Dakota Century Code chapter 47-30.2.
3. A mutually agreed upon settlement resolves
				a specific examination and does not create any precedent on specific legal
				issues.
General Authority:
NDCC 47-30.2-03,
					 47-30.2-56
Law Implemented:
NDCC 47-30.2-55, 47-30.2-58,
					 47-30.2-62
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-03 - Unclaimed Property › Chapter 85-03-04 - Examinations › Section 85-03-04-10 - Voluntary disclosure agreement program

Current through Supplement No. 393, July, 2024
1. The
				administrator may establish a voluntary disclosure agreement program for
				persons who are not in compliance with North Dakota Century Code chapter
				47-30.2.
2. Under a voluntary
				disclosure agreement program, the commissioner may agree to waive, in whole or
				in part, interest and penalties for a person who voluntarily reports and remits
				to the administrator property that should have been previously reported, paid,
				or delivered to the administrator pursuant to North Dakota Century Code chapter
				47-30.2. The voluntary disclosure agreement program includes property that is
				reportable pursuant to the transition provisions of North Dakota Century Code
				section 47-30.2-74. Property reportable under North Dakota Century Code chapter
				47-30.2 or the previous Uniform Unclaimed Property Act may be eligible to be
				voluntarily reported and remitted under the voluntary disclosure agreement
				program.
3. A person who has been
				sent an official notice of examination may not participate in the voluntary
				disclosure agreement program.
4.
				Participation in the administrator's voluntary disclosure agreement program
				does not waive or otherwise limit the administrator's authority to order and
				conduct an unclaimed property examination pursuant to North Dakota Century Code
				section 47-30.2-55.
General Authority:
NDCC 47-30.2-21,
					 47-30.2-56
Law Implemented:
NDCC 47-30.2-22, 47-30.2-55,
					 47-30.2-58, 47-30.2-59, 47-30.2-62, 47-30.2-65, 47-30.2-66, 47-30.2-67,
					 47-30.2-74
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-01 - Leasing Trust Lands for Agricultural Use › Section 85-04-01-01 - Failure to pay or nonsufficient funds at auction

Current through Supplement No. 393, July, 2024
1. The commissioner may not issue a surface
				land lease for agricultural use until payment in full is received by the
				department.
2. A successful bidder
				who fails to pay for a surface land lease is deemed ineligible to bid at
				subsequent surface land lease auctions administered by the board for the
				remainder of the current calendar year plus three additional calendar
				years.
3. If a surface land lease
				payment made at auction is, for any reason, not paid by the bank on which it is
				drawn, the commissioner shall notify the bidder by mail addressed to the
				bidder's post office address on file with the department that payment by
				cashier's check or money order is required within ten business days from the
				date the letter is mailed.
General Authority:
NDCC 15-07-20,
					 28-32-02
Law Implemented:
NDCC 15-07-20,
					 54-30-17.1
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-01 - Leasing Trust Lands for Agricultural Use › Section 85-04-01-02 - Annual surface land lease rental payment

Current through Supplement No. 393, July, 2024
1. The annual surface land lease rental
				payment for the second and succeeding years of a surface land lease must be
				received by the department no later than five p.m. central standard time on the
				last business day of January of the surface land lease year. If payment is not
				received, the surface land lease automatically terminates without
				notice.
2. If the annual surface
				land lease rental payment, for any reason, is not paid by the bank on which it
				is drawn after five p.m. central standard time on the last business day of
				January of the surface land lease year, the surface land lease automatically
				terminates and the commissioner may designate the lessee ineligible to bid at
				subsequent surface land lease auctions for the remainder of the current
				calendar year plus three additional calendar years.
General Authority:
NDCC 15-07-20,
					 28-32-02
Law Implemented:
NDCC 15-04-01, 15-07-20,
					 54-30-17.1
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-01 - Leasing Trust Lands for Agricultural Use › Section 85-04-01-03 - Assignment and use by a third party

Current through Supplement No. 393, July, 2024
1. A surface land lease or any part thereof
				may not be assigned, nor may the lessee allow the surface land leased premises
				or any part thereof to be used in any manner by anyone other than the lessee
				without the written consent of the commissioner. A grazing permit issued by a
				grazing association to a member-permittee is authorized.
2. A lessee may request an assignment of a
				surface land lease from the department. The commissioner shall approve or deny
				an assignment based on the best interests of the trusts. The following
				assignments may be approved:
a. An assignment
				without restriction to a close relative including the spouse, father, mother,
				son, daughter, brother, or sister for the same terms and conditions as the
				original surface land lease.
b. An
				assignment of less than the full surface land lease term to a third party if
				the lessee is temporarily out of the livestock business or unable to properly
				stock the surface land leased premises. Being temporarily out of the livestock
				business means no longer owning or leasing the livestock and personally
				providing for their day-to-day care, with the intent to return to the livestock
				business within two years or less. The assignment must be for two years or
				less. The rent payable by the assignee must be at a rate consistent with the
				current year's fair market value minimum rent or the current surface land lease
				price, whichever is greater.
c. An
				assignment to a third party with the surface land lease expiring at the end of
				the current surface land lease year. The rent payable by the assignee must be
				at a rate consistent with the current year's fair market value minimum rent or
				the current surface land lease price, whichever is greater.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-01 - Leasing Trust Lands for Agricultural Use › Section 85-04-01-04 - Sale of surface land lease for agricultural use prohibited

Current through Supplement No. 393, July, 2024
A lessee is prohibited from selling a board-issued surface
				  land lease for agricultural use and any attempt to do so may result in surface
				  land lease termination in accordance with this chapter.
General Authority:
NDCC 15-07-20,
					 28-32-02
Law Implemented:
NDCC 15-04-01, 15-07-20,
					 54-30-17.1
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-01 - Leasing Trust Lands for Agricultural Use › Section 85-04-01-05 - Inspection by prospective lessee or purchaser

Current through Supplement No. 393, July, 2024
The surface land leased premises must be made available for
				  inspection to a prospective lessee or purchaser. If the surface land leased
				  premises contains an occupied farmstead, a prospective lessee or purchaser must
				  provide the current resident with at least two days advance notice of the
				  intended time and date to inspect the property.
General Authority:
NDCC 15-07-20,
					 28-32-02
Law Implemented:
NDCC 15-04-01, 15-07-20,
					 54-30-17.1
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-01 - Leasing Trust Lands for Agricultural Use › Section 85-04-01-06 - Custodial agreement

Current through Supplement No. 393, July, 2024
A custodial agreement may be permitted if a lessee does not
				  own livestock or is understocked. The custodial agreement must be in writing
				  and a copy furnished to the department or the arrangement will be treated as
				  third-party use. Unless approval is given by the commissioner, a custodial
				  agreement is not permitted for more than three years.
General Authority:
NDCC 15-07-20,
					 28-32-02
Law Implemented:
NDCC 15-04-01, 15-07-20,
					 54-30-17.1