reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-15 - Insurance fraud › Chapter 45-15-01 - Insurance fraud › Section 45-15-01-01 - Insurance fraud

Current through Supplement No. 393, July, 2024
A person engaged in the business of insurance having
				  knowledge or a reasonable belief that a fraudulent insurance act has been, is
				  being, or will be committed shall provide information concerning the known or
				  suspected fraudulent insurance act to the commissioner in writing within sixty
				  days of having that knowledge or reasonable belief. The information may be
				  reported on the national association of insurance commissioners uniform
				  suspected insurance fraud reporting form, a copy of which is attached as
				  appendix A. Thereafter, the person engaged in the business of insurance shall
				  promptly provide to the commissioner any additional information that the
				  commissioner may request concerning the known or suspected fraudulent insurance
				  act. For the purposes of this rule, a reasonable belief means that the person
				  engaged in the business of insurance has a given fact or combination of facts
				  which in their totality result in a determination that more likely than not, a
				  fraudulent insurance act has been, is being, or will be
				  committed.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 26.1-02.1,
					 26.1-02.1-11
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-16 - Life Settlements › Chapter 45-16-01 - Life Settlement Licenses › Section 45-16-01-01 - Definitions

Current through Supplement No. 393, July, 2024
Unless otherwise defined, or made inappropriate by context,
				  all words used in this chapter have meaning as given them under North Dakota
				  Century Code chapter 26.1-33.4.
General Authority: NDCC 26.1-33.4-11
Law Implemented: NDCC
					 26.1-33.4-01
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-16 - Life Settlements › Chapter 45-16-01 - Life Settlement Licenses › Section 45-16-01-02 - Provider license fees - Due Date

Current through Supplement No. 393, July, 2024
The fee to submit a provider application is two hundred
				  fifty dollars. The fee to renew a provider license is one hundred dollars. The
				  renewal fee is due on the anniversary date of issuance of the provider license.
				  If the renewal fee is not paid on or before the anniversary date, the provider
				  license is automatically revoked.
General Authority: NDCC 26.1-33.4-11
Law Implemented: NDCC
					 26.1-33.4-02
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-16 - Life Settlements › Chapter 45-16-01 - Life Settlement Licenses › Section 45-16-01-03 - Broker license fees - Due date

Current through Supplement No. 393, July, 2024
The fee to submit a broker application is one hundred
				  dollars. A life insurance producer deemed to meet the licensing requirements of
				  North Dakota Century Code section 26.1-33.4-02 must pay an initial broker
				  license fee of one hundred dollars. The fee to renew a broker license is twelve
				  dollars. The renewal fee is due on the anniversary date of issuance of the
				  broker license. If the renewal fee is not paid on or before the anniversary
				  date, the broker license is automatically revoked.
General Authority: NDCC 26.1-33.4-11
Law Implemented: NDCC
					 26.1-33.4-02
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-16 - Life Settlements › Chapter 45-16-01 - Life Settlement Licenses › Section 45-16-01-04 - Training requirement - Penalty

Current through Supplement No. 393, July, 2024
An individual licensed as a broker must submit proof of
				  completion of no less than fifteen hours of training related to life settlement
				  and life settlement transactions. The proof must be submitted to the
				  commissioner on or before the anniversary date of issuance of the broker
				  license beginning on the second anniversary of issuance of the license and
				  every two years thereafter. If the proof is not submitted on or before the due
				  date, the individual broker license will not be renewed. A life insurance
				  producer who is licensed and operating as a broker is not subject to these
				  training requirements.
General Authority: NDCC 26.1-33.4-11
Law Implemented: NDCC
					 26.1-33.4-02
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-16 - Life Settlements › Chapter 45-16-01 - Life Settlement Licenses › Section 45-16-01-05 - Consumer guide

Current through Supplement No. 393, July, 2024
A provider shall prepare a buyer's guide or similar consumer
				  advisory package for delivery to owners during the solicitation process. The
				  buyer's guide or similar consumer advisory package must substantially comply
				  with the commissioner's model guide.
General Authority: NDCC 26.1-33.4-11
Law Implemented: NDCC
					 26.1-33.4-08
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-16 - Life Settlements › Chapter 45-16-02 - Life Settlement Advertising › Section 45-16-02-01 - Definitions

Current through Supplement No. 393, July, 2024
Unless otherwise defined, or made inappropriate by context,
				  all words used in this chapter have meaning as given them under North Dakota
				  Century Code chapter 26.1-33.4.
General Authority: NDCC 26.1-33.4-11
Law Implemented: NDCC
					 26.1-33.4-01
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-16 - Life Settlements › Chapter 45-16-02 - Life Settlement Advertising › Section 45-16-02-02 - Applicability

Current through Supplement No. 393, July, 2024
1. This chapter applies to any advertisement
				of the business of life settlements intended for dissemination in this state
				and which advertisement is disseminated in any manner by or on behalf of a
				provider or broker required to be licensed under North Dakota Century Code
				section 26.1-33.4-02.
2. Every
				provider and broker required to be licensed under North Dakota Century Code
				section 26.1-33.4-02 shall submit a statement of compliance regarding
				advertising as part of the initial application and at other times as requested
				by the commissioner.
3. Life
				settlement promotional, advertising, or marketing materials need not be filed
				with the commissioner except upon request or order of the commissioner.
General Authority: NDCC 26.1-33.4-11
Law Implemented: NDCC
					 26.1-33.4-01
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-17 - Bail Bondsmen › Chapter 45-17-01 - Duty of Bail Bondsmen › Section 45-17-01-01 - Definitions

Current through Supplement No. 393, July, 2024
Unless otherwise defined, or made inappropriate by context,
				  all words used in this chapter have meaning as given them under North Dakota
				  Century Code chapter 26.1-26.6.
General Authority:
NDCC 26.1-26.6-10
Law Implemented:
NDCC
					 26.1-26.6-10
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-17 - Bail Bondsmen › Chapter 45-17-01 - Duty of Bail Bondsmen › Section 45-17-01-02 - Duty to monitor status of bail bonds written

Current through Supplement No. 393, July, 2024
In order to comply with subsection 2 of North Dakota Century
				  Code section 26.1-26.6-05 a bail bond agent shall check the status of all
				  issued bail bonds at least once every seven days.
General Authority:
NDCC 26.1-26.6-10
Law Implemented:
NDCC
					 26.1-26.6-05
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-18 - Fire Marshal › Chapter 45-18-01 - Fire Prevention › Section 45-18-01-01 - Fire prevention rules - Intent

Current through Supplement No. 393, July, 2024
It is the intent of this chapter to prescribe regulations
				  consistent with nationally recognized good practice for the safeguarding of
				  life and property from the hazards of fire and explosions.
General Authority:
NDCC 18-01-04
Law Implemented:
NDCC
					 18-01-02
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-18 - Fire Marshal › Chapter 45-18-01 - Fire Prevention › Section 45-18-01-02 - Fire prevention rules - Scope

Current through Supplement No. 393, July, 2024
1.
				This chapter supplements all laws defined within the North Dakota Century Code
				relating to fire safety and applies to all persons without restrictions, unless
				specifically exempted.
2. This
				chapter applies to existing conditions, as well as to conditions arising after
				the adoption of this chapter, except that conditions legally in existence at
				the time of adoption of this chapter and, not in strict compliance with this
				chapter, shall be permitted to continue only if, in the opinion of the state
				fire marshal, they do not constitute a distinct hazard to life or
				property.
3. Where there is a
				conflict between this chapter and those provisions of the North Dakota Century
				Code, the provisions of the North Dakota Century Code shall prevail.
General Authority:
NDCC 18-01-04,
					 18-01-33
Law Implemented:
NDCC
					 18-01-02
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-18 - Fire Marshal › Chapter 45-18-01 - Fire Prevention › Section 45-18-01-03 - Definitions

Current through Supplement No. 393, July, 2024
The following definitions shall be used when referred to in
				  the content of this chapter:
1.
				"Authority having jurisdiction", "bureau of fire prevention", "chief", "chief
				of the fire department", "chief of the fire prevention bureau", "fire chief",
				"fire code official", "fire department", "fire marshal", "fire marshal's
				office", "fire prevention bureau", "fire prevention engineer", "fire prevention
				inspector", "fire protection engineer", "inspector", or "office of the fire
				marshal" refers to the state fire marshal or any representative of the state
				fire marshal's office.
2. "City" or
				"jurisdiction" refers to the state of North Dakota.
3. "Fire prevention code", "fire prevention
				rules", or "state fire code" refers to the rules provided for within this
				chapter.
4. "Local jurisdiction"
				refers to any agency of local or state government which has a defined
				responsibility for any population, group of persons, land area, occupancy type,
				class of persons, or municipality located within this state which is less than
				the entire land area, population or geographical makeup of this state.
General Authority:
NDCC 18-01-04,
					 18-01-33
Law Implemented:
NDCC 18-01-04,
					 18-01-33
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-18 - Fire Marshal › Chapter 45-18-01 - Fire Prevention › Section 45-18-01-05 - Availability of standards

Current through Supplement No. 393, July, 2024
The standards listed in section
				  45-18-01-04 are available
				  from:
1. National Fire Protection
				Association
Batterymarch Park
Quincy, Massachusetts 02269
(617) 328-9290
2. International Code Council, Inc.
4051 West Flossmoor Road
Country Club Hills, IL 60478-5795
(800) 214-4321
General Authority:
NDCC 18-01-04, 18-01-33,
					 18-09-02, 23-15-03
Law Implemented:
NDCC 18-01-02, 18-01-04,
					 18-01-33, 18-09-02, 23-15-03
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-01 - General Administration › Chapter 46-01-01 - Organization of Department of Labor › Section 46-01-01-01 - Organization of department of labor

Current through Supplement No. 393, July, 2024
1.
History.
The 1965 legislative assembly established the department of labor. The
				department is headed by a labor commissioner The commissioner was originally
				elected on the no-party ballot for a term of four years, with the first
				election being held in 1966. Prior to this time agriculture and labor were one
				department under the commissioner of agriculture and labor. Effective January
				1, 1999, the commissioner is appointed and serves at the pleasure of the
				governor.
2.
Divisions and
				functions.
The department of labor is comprised of two divisions. The
				wage and hour division is primarily responsible for investigating and resolving
				claims of unpaid wages and other labor standards. The human rights division is
				responsible for investigating and resolving complaints of discrimination.
a. Wage and hour division. The wage and hour
				division handles labor standards, including inquiries and investigation
				regarding wage payment, child labor, minimum wage, overtime, employment
				agencies, independent contractor verification, and subminimum wage. Inquiries
				regarding wage and hour disputes may be addressed to:
North Dakota Department of Labor
Wage and Hour Division
State Capitol
600 East Boulevard Avenue, Dept. 406
Bismarck, ND 58505-0340
b. Human rights division. The human rights
				division may mediate, conciliate, or investigate complaints or charges of
				discrimination in the areas of employment, housing, public services, public
				accommodations, and credit transactions based on a person's membership in a
				protected category as set forth in North Dakota Century Code chapters
				14-02.4 and
				14-02.5. In addition, the human
				rights division may receive complaints of retaliation under North Dakota
				Century Code sections 34-01 -20 and 34-11.1 -05 and attempt voluntary
				compliance through informal advice, negotiation, or conciliation. Inquiries may
				be addressed to:
North Dakota Department of Labor
Human Rights Division
State Capitol
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-02 - Occupation Minimum Wage and Work Conditions Orders › Chapter 46-02-07 - North Dakota Minimum Wage and Work Conditions Order › Section 46-02-07-02 - Standards that apply

Current through Supplement No. 393, July, 2024
1. The North Dakota minimum wage is set forth
				in North Dakota Century Code section
				34-06-22.
The following are exempt from minimum wage and working
				  conditions provided in this chapter:
a. Employees of nonprofit camps that are
				directly youth-related and intended for educational purposes.
b. A guide, cook, or camp-tender for a
				hunting or fishing guide service.
c.Golf course caddies.
d. Any person in a program for youthful or
				first-time offenders designed as an alternative to incarceration if the person:
(1) Voluntarily enters into the program for
				personal benefit;
(2) Does not
				displace regular employees or infringe on the employment opportunities of
				others;
(3) Is under the
				supervision or control of a court; and
(4) Performs the work without contemplation
				of pay.
e. Prison or
				jail inmates who do work for the prison, jail, institution, or other areas
				directly associated with the incarceration program. The work must be performed
				for the prison, jail, institution, state, or a political subdivision.
f. Actors or extras for a motion
				picture.
g. Any person working on a
				casual basis for less than twenty hours per week for less than three
				consecutive weeks in domestic service employment providing babysitting
				services.
h. Volunteers as
				described in this subdivision:
(1) Individuals
				who donate their time and services, usually on a part-time basis, including
				public service, humanitarian objectives, religious, fraternal, nonprofit, and
				charitable organizations, not as employees and without contemplation of
				pay.
(2) Individuals who provide
				services to hospitals or nursing homes to provide support and assistance to
				families and patients.
(3) Regular
				employees of religious, nonprofit, or charitable organizations may volunteer
				their services for activities outside of their normal work duties.
(4) Residents or patients of shelters, foster
				care, or other such related establishments may volunteer their services as long
				as regular employees are not displaced.
i. Student trainees meeting the following six
				criteria:
(1) The training is similar to that
				in a vocational school.
(2) The
				training is clearly for the benefit of the trainee.
(3) The trainee does not displace regular
				employees.
(4) The employer derives
				no immediate benefit.
(5) The
				trainee is not entitled to a job.
(6) The trainee is not entitled to
				wages.
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-02 - Occupation Minimum Wage and Work Conditions Orders › Chapter 46-02-07 - North Dakota Minimum Wage and Work Conditions Order › Section 46-02-07-03 - Additional standards that apply to service and nonprofit industries

Current through Supplement No. 393, July, 2024
1. A tip credit of thirty-three percent of
				the minimum wage may be allowed for tipped employees. The employer may consider
				tips as part of wages, but such a tip credit must not exceed thirty-three
				percent of the minimum wage. The employer who elects to use the tip credit
				provision must inform the employee in advance and must maintain written records
				showing that the employee receives at least the minimum wage when direct wages
				and the tip credit allowance are combined.
2. Tip pooling is allowed only among the
				tipped employees. A vote of tipped employees to allow tip pooling must be
				taken, and fifty percent plus one of all tipped employees must approve it. The
				employer must maintain a written record of each vote on tip pooling, including
				names of employees voting and the vote totals. A vote on whether to pool tips
				is required if requested by fifty-one percent or more of the tipped employees.
				The tipped employees shall provide documentation verifying the request. Time
				spent in meetings called by the employees exclusively for tip issues is not
				work time.
3. Tipped employees
				employed in the nonprofit gaming industry means all employees who are employed
				as gaming attendants by a gaming organization licensed under North Dakota
				Century Code section
				53-06.1-03.
a. Gaming sites that regularly have four or
				fewer tipped employees on duty can require tip pooling among all tipped
				employees at the site.
b. A gaming
				organization licensed under North Dakota Century Code section
				53-06.1-03 may require tip pooling
				by blackjack (twenty-one) dealers at an authorized site as provided in North
				Dakota Century Code section
				53-06.1-10. This tip pooling
				requirement only pertains to any employee, pit boss, or supervisor when
				actually dealing blackjack (twenty-one).
c. Pit bosses or supervisors at gaming sites
				are not tipped employees and cannot be part of the tip pool when performing
				functions of those positions other than dealing blackjack (twenty-one).
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-02 - Occupation Minimum Wage and Work Conditions Orders › Chapter 46-02-07 - North Dakota Minimum Wage and Work Conditions Order › Section 46-02-07-04 - Additional standards that apply to government entities

Current through Supplement No. 393, July, 2024
1.
				Any two individuals employed by the state or any political subdivision in any
				occupation may agree to substitute for one another during scheduled work hours
				in performance of work in the same capacity. The hours worked shall be excluded
				by the employer in the calculation of the hours for which the substituting
				employee would otherwise be entitled to overtime. If one employee works for
				another, each employee will be credited as if that employee had worked that
				employee's normal schedule. In order to qualify an agreement between
				individuals employed by the agency the agreement must be approved by the
				agency. The agency approval must be prior to the work being done. Each employee
				must be free to refuse to participate. The employee's decision to participate
				is valid only if freely made without coercion from the employer. A public
				agency that employs individuals who substitute or "trade time" under this
				section is not required to keep a record of the hours of the substitute work.
				This subsection must be interpreted in accordance with
				 29 CFR 553.31, as amended.
2. A state or political subdivision employee,
				solely at the employee's own option, may work occasionally or sporadically on a
				part-time basis for the same agency in a different capacity from the regular
				employment. The hours worked in the different jobs must not be combined for
				overtime purposes. This subsection must be interpreted in accordance with
				 29 CFR 553.30, as amended.
General Authority: NDCC 28-32-02(1), 34-06-04
Law Implemented: NDCC 34-06-03, 34-06-09, 34-06-11, 34-06-12
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-03 - Calculation of a Regular Rate and Overtime › Chapter 46-03-01 - Calculation of a Regular Rate and Overtime › Section 46-03-01-01 - Formulas for determining regular rate and overtime

Current through Supplement No. 393, July, 2024
1. Determining
				overtime from an hourly rate:
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The rate of overtime multiplied by the number of overtime
				  hours (hours in excess of 40) is the total overtime due.
5. Determining overtime from regular rate and
				overtime from day rates and job rates:
If the employee is paid a flat sum for a day's work or for
				  doing a particular job, without regard to the number of hours worked in the day
				  or at the job, and if the employee receives no other form of compensation for
				  services, the employee's regular rate is determined by totaling all the sums
				  received at such day rates or job rates in the workweek and dividing by the
				  total hours actually worked. The employee is then entitled to extra half-time
				  pay at the rate for all hours worked in excess of forty in the
				  workweek.
General Authority:
NDCC
					 28-32-02(1),
					 34-06-04
Law Implemented:
NDCC
					 34-06-11,
					 34-06-12
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-04 - Human Rights › Chapter 46-04-01 - Human Rights Practice and Procedure › Section 46-04-01-01 - Definitions

Current through Supplement No. 393, July, 2024
When used in this chapter or in the North Dakota Human Rights
				  Act:
1. "Act" means the North Dakota
				Human Rights Act, North Dakota Century Code chapter
				14-02.4.
2. "Alternative dispute resolution" means the
				confidential and voluntary mediation process facilitated by the department for
				resolving allegations of employment discrimination prior to investigation being
				conducted by the department.
3.
				"Charge of discrimination" means written allegations of a discriminatory
				practice in regard to employment filed with the department in compliance with
				these rules, including an amended charge of discrimination.
4. "Charging party" means a person, including
				the department, who files a charge of discrimination in regard to
				discriminatory employment practices under North Dakota Century Code chapter
				14-02.4.
5. "Complainant" means a person, including
				the department, who files a complaint under North Dakota Century Code section
				14-02.4-19, in all areas covered
				by the Act, except employment.
6.
				"Complaint" means written allegations of a discriminatory practice filed with
				the department in compliance with these rules, in all areas covered by the Act,
				except employment, including an amended complaint.
7. "Conciliation" means the negotiations
				facilitated by the department between a charging party and the respondent to
				resolve the issues involving employment, after there has been a determination
				of probable cause.
8.
				"Conciliation agreement" means a written agreement setting forth the terms that
				resolve the issues under conciliation.
9. "EEOC" means the United States equal
				employment opportunity commission.
10. "Informal negotiations" means
				negotiations facilitated by the department between a complainant or charging
				party and the respondent to resolve the issues raised in the complaint or
				charge of discrimination, which may include mediation or alternative dispute
				resolution.
11. "Negotiated
				settlement agreement" means a written agreement setting forth the terms that
				resolve the issues under informal negotiation.
12. "Respondent" means a person accused of a
				discriminatory practice.
General Authority: NDCC 14-02.4-22
Law Implemented: NDCC 14-02.4
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-04 - Human Rights › Chapter 46-04-01 - Human Rights Practice and Procedure › Section 46-04-01-02 - Intake and reviewability and dismissal

Current through Supplement No. 393, July, 2024
1. An aggrieved
				person may utilize an intake questionnaire provided by the department to gain
				assistance from the department by contacting the department in person, by
				telephone, or in writing regarding alleged discriminatory practices.
2. The department shall promptly make a
				preliminary assessment to determine whether the information provided involves a
				potential violation of the Act and whether the department has jurisdiction over
				the matter.
3. The department
				shall administratively close or dismiss an intake questionnaire if during the
				preliminary assessment of the intake questionnaire it is determined that the
				alleged violation is:
a. Not within the
				jurisdiction of the department; or
b. Otherwise excluded from department review
				by state or federal law.
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-04 - Human Rights › Chapter 46-04-01 - Human Rights Practice and Procedure › Section 46-04-01-03 - Complaint or charge of discrimination

Current through Supplement No. 393, July, 2024
1. A complaint or
				charge of discrimination may be filed by any aggrieved person or the person's
				duly authorized representative. A complaint or charge of discrimination filed
				by a representative shall state that the representative is authorized to file
				the complaint. The department may file a complaint or charge of discrimination.
2. Department staff shall be
				available during regular business hours to provide reasonable assistance to the
				aggrieved person in the drafting of the complaint or charge of discrimination.
3. Every complaint or charge of
				discrimination must be in writing, signed and verified upon a form designated
				by the department.
4. A complaint
				or charge of discrimination must contain a concise statement setting forth, to
				the extent reasonably possible, the following information:
a. The name, address, and telephone number of
				the complainant or charging party;
b. The name, address, and telephone number of
				the respondents;
c. The specific
				basis for the complainant's or charging party's belief that an unlawful
				practice has occurred, with relevant dates, places, and names of any individual
				participating in the alleged unlawful conduct or practice;
d. The specific basis for the complainant's
				or charging party's belief that the alleged conduct is subject to the Act,
				identifying the statute to be reviewed;
e. The specific harm the complainant or
				charging party believes he or she has suffered as a result of the alleged
				unlawful conduct; and
f. Any other
				information required by the department.
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-04 - Human Rights › Chapter 46-04-01 - Human Rights Practice and Procedure › Section 46-04-01-04 - Computation of time

Current through Supplement No. 393, July, 2024
1. Time limitations
				for filing an action are as set forth in North Dakota Century Code section
				14-02.4-19. In actions involving
				the department, a complaint, a charge of discrimination, and answer, or an
				election is deemed to be filed on the date it is received by the department,
				whether by mail, personal delivery, or facsimile. Documents produced by the
				department are deemed filed when signed by the commissioner or by the
				commissioner's designee.
2. Each
				document received by the department shall be date-stamped to reflect the date
				it was received.
General Authority: NDCC 14-02.4-22
Law Implemented: NDCC 14-02.4-19, 14-02.4-23
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-04 - Human Rights › Chapter 46-04-01 - Human Rights Practice and Procedure › Section 46-04-01-05 - Notice requirements

Current through Supplement No. 393, July, 2024
1.
Notice to
				complainant or charging party.
Within ten days of the filing of the
				complaint or charge of discrimination, the department shall provide notice to
				the complainant or charging party and such notice must include:
a. The date the complaint or charge of
				discrimination was filed with the department;
b. A copy of the complaint or charge of
				discrimination; and
c. A statement
				describing the department's duties and the complainant's or charging party's
				obligations under the Act.
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-04 - Human Rights › Chapter 46-04-01 - Human Rights Practice and Procedure › Section 46-04-01-06 - Respondent's response

Current through Supplement No. 393, July, 2024
1. The respondents
				may file a signed written response within twenty days of the date a respondent
				receives notice of the complaint or charge of discrimination.
2. If the complaint or charge of
				discrimination is amended, the respondents may file an amended response in the
				same manner as the original.
3.
				Department staff shall be available during regular business hours to provide
				reasonable assistance to respondents in drafting and completing responses.
4. The department may grant an
				extension of time to file a response upon request by a respondent if such a
				request is reasonable and not for the purpose of delay.
5. Failure by a respondent to file a response
				may result in the department concluding its investigation based upon
				information provided by the complainant or charging party and such other
				information as is reasonably available to the department.
6. The department may send a followup request
				for information, to gather additional documentary evidence, and when relevant,
				to gather comparative information as to how other persons similarly situated
				were treated by the respondents.
7. Failure by a respondent to provide
				requested information may result in the department issuing a subpoena or
				subpoena duces tecum requiring the production of the requested information.
General Authority: NDCC 14-02.4-22
Law Implemented: NDCC 14-02.4-19, 14-02.4-23
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-04 - Human Rights › Chapter 46-04-01 - Human Rights Practice and Procedure › Section 46-04-01-07 - Informal negotiations

Current through Supplement No. 393, July, 2024
1. In all cases
				involving allegations of discriminatory practices, the department, during the
				period beginning with the filing of a complaint or charge of discrimination and
				ending with the dismissal or the issuance of a determination of probable cause
				by the department, to the extent feasible, shall engage in informal
				negotiations in an attempt to resolve the complaint or charge of
				discrimination.
2. The department
				does not represent any party in the informal negotiation process and shall act
				as a neutral third party in attempting to reach an agreement that is
				satisfactory to all parties.
3. A
				negotiated settlement agreement between the complainant or charging party and
				the respondents shall be reduced to writing, is subject to departmental
				approval, and is enforceable in the same manner as a final determination of the
				department. A copy of the signed negotiated settlement agreement shall be
				provided to the complainant or charging party and the respondents.
4. A negotiated settlement agreement may
				include terms for monitoring compliance with the agreement. The department may
				require any party to submit compliance reports as the department deems
				necessary to show the manner of compliance with the terms of the negotiated
				settlement agreement.
5. When the
				department is unable to obtain voluntary compliance and it is determined that
				further efforts would be futile or nonproductive, the parties will be notified
				in writing that negotiations to resolve the dispute have failed. If any party
				fails to respond within fifteen days after the receipt of a proposed negotiated
				settlement, the department may conclude that negotiations have failed as a
				result of the inactivity.
6. The
				department shall monitor all negotiated settlement agreements which have been
				approved by the department and which require specific performance by one or
				more of the parties. If it appears that a party is not in compliance with the
				terms of the agreement, the department shall notify the party in an attempt to
				obtain voluntary compliance or conduct further investigation into the alleged
				breach, or do both.
7. If there is
				probable cause to believe that a party has breached the negotiated settlement
				agreement, the department may commence proceedings to enforce the agreement
				unless to do so would not warrant the use of department resources.
General Authority: NDCC 14-02.4-22
Law Implemented: NDCC 14-02.4-22, 14-02.4-23
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-04 - Human Rights › Chapter 46-04-01 - Human Rights Practice and Procedure › Section 46-04-01-09 - Conciliation in employment discrimination

Current through Supplement No. 393, July, 2024
1. In cases
				involving allegations of discriminatory employment practices, the department,
				during the period beginning with the issuance of a probable cause
				determination, to the extent feasible, shall engage in conciliation with the
				parties in an attempt to resolve the charge of discrimination.
2. The department does not represent any
				party in the conciliation process and shall act as a neutral third party during
				the conciliation process in attempting to reach an agreement that is
				satisfactory to all parties.
3. A
				conciliation agreement between the charging party and the respondents shall be
				reduced to writing, is subject to departmental approval, and is enforceable in
				the same manner as a final determination of the department. A copy of the
				signed conciliation agreement shall be provided to the charging party and the
				respondents.
4. A conciliation
				agreement may include terms for monitoring compliance with the agreement. The
				department may require any party to submit compliance reports as the department
				deems necessary to show the manner of compliance with the terms of the
				conciliation agreement.
5. When
				the department is unable to obtain voluntary compliance and it is determined
				that further efforts would be futile or nonproductive, the charging party and
				the respondents shall be notified in writing that conciliation efforts have
				failed. If any party does not respond within fifteen days after the receipt of
				a proposed conciliation remedy, the department may conclude that conciliation
				has failed as a result of the inactivity.
6. The department shall monitor all
				conciliation agreements which have been approved by the department and which
				require specific performance by one or more of the parties. If it appears that
				a party is not in compliance with the terms of the agreement, the department
				shall notify the party in an attempt to obtain voluntary compliance or conduct
				further investigation into the alleged breach, or do both.
7. If there is probable cause to believe that
				a party has breached the conciliation agreement, the department may commence
				proceedings to enforce the agreement, unless to do so would not warrant the use
				of department resources.
General Authority: NDCC 14-02.4-22
Law Implemented: NDCC 14-02.4-22, 14-02.4-23
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-04 - Human Rights › Chapter 46-04-01 - Human Rights Practice and Procedure › Section 46-04-01-10 - Reliance on outside sources

Current through Supplement No. 393, July, 2024
The rules set forth contain the procedures established by the
				  department for carrying out its responsibilities in the administration and
				  enforcement of the Act. In the absence of a specific rule, in cases when a
				  charge of discrimination is dual-filed with the department and the EEOC, the
				  department will rely on federal regulations and the compliance manual
				  established by the EEOC for guidance.
General Authority: NDCC 14-02.4-22
Law Implemented: NDCC 14-02.4-23
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-04 - Human Rights › Chapter 46-04-01 - Human Rights Practice and Procedure › Section 46-04-01-11 - Parties' right to representation

Current through Supplement No. 393, July, 2024
The complainant, any aggrieved person, or the respondent may
				  be accompanied, advised, and represented throughout the investigation or any
				  administrative proceeding by any chosen representative, including private
				  counsel, at the party's own expense. If the party chooses to be represented,
				  the party must notify the department in writing of such representation and of
				  the nature and scope of the representation to facilitate effective
				  communication.
General Authority: NDCC 14-02.4-22
Law Implemented: NDCC 14-02.4-22, 14-02.4-23
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-05 - Housing › Chapter 46-05-01 - Housing For Older Persons › Section 46-05-01-01 - Housing for persons who are fifty-five years of age or older - Definitions

Current through Supplement No. 393, July, 2024
1. The provisions
				regarding familial status and age in North Dakota Century Code chapter
				14-02.5 shall not apply to
				housing intended and operated for persons fifty-five years of age or older.
2. For purpose of this chapter,
				"housing facility or community" means any dwelling or group of dwelling units
				governed by a common set of rules, regulations, or restrictions. A portion or
				portions of a single building shall not constitute a housing facility or
				community. Examples of a housing facility or community include a:
a. Condominium association;
b. Cooperative;
c. Property governed by a homeowners' or
				resident association;
d.
				Municipally zoned area;
e. Leased
				property under common private ownership;
f. Mobile home park; and
g. Manufactured housing community.
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-05 - Housing › Chapter 46-05-01 - Housing For Older Persons › Section 46-05-01-02 - Eighty percent occupancy

Current through Supplement No. 393, July, 2024
1. In order for a
				housing facility or community to qualify as housing for older persons under
				North Dakota Century Code section
				14-02.5-11, at least eighty
				percent of its occupied units must be occupied by at least one person
				fifty-five years of age or older.
2. For purposes of this chapter, "occupied
				unit" means:
a. A dwelling unit that is
				actually occupied by one or more persons on the date that the exemption is
				claimed; or
b. A temporarily
				vacant unit, if the primary occupant has resided in the unit during the past
				year and intends to return on a periodic basis.
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-05 - Housing › Chapter 46-05-01 - Housing For Older Persons › Section 46-05-01-03 - Intent to operate as housing designed for persons who are fifty-five years of age or older

Current through Supplement No. 393, July, 2024
1. In order for a
				housing facility or community to qualify as housing designed for persons who
				are fifty-five years of age or older, it must publish and adhere to policies
				and procedures that demonstrate its intent to operate as housing for persons
				fifty-five years of age or older. The following factors, among others, are
				considered relevant in determining whether the housing facility or community
				has complied with this requirement:
a. The
				manner in which the housing facility or community is described to prospective
				residents;
b. Any advertising
				designed to attract prospective residents;
c. Lease provisions;
d. Written rules, regulations, covenants,
				deeds, or other restrictions;
e.
				The maintenance and consistent application of relevant procedures;
f. Actual practices of the housing facility
				or community; and
g. Public
				posting in common areas of statements describing the facility or community as
				housing for persons fifty-five years of age or older.
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-05 - Housing › Chapter 46-05-01 - Housing For Older Persons › Section 46-05-01-04 - Verification of occupancy

Current through Supplement No. 393, July, 2024
1. In order for a
				housing facility or community to qualify as housing for persons fifty-five
				years of age or older, it must be able to produce, in response to a complaint
				filed under this title, verification of compliance with section 46-05-01-02 through reliable
				surveys and affidavits.
2. A
				facility or community shall, within one hundred eighty days of January 1, 2010,
				develop procedures for routinely determining the occupancy of each unit,
				including the identification of whether at least one occupant of each unit is
				fifty-five years of age or older. Such procedures may be part of a normal
				leasing or purchasing arrangement.
3. The procedures described in subsection 2
				must provide for regular updates, through surveys or other means, of the
				initial information supplied by the occupants of the housing facility or
				community. Such updates must take place at least once every two years.
4. Any of the following documents
				are considered reliable documentation of the age of the occupants of the
				housing facility or community:
a. Driver's
				license;
b. Birth certificate;
c. Passport;
d. Immigration card;
e. Military identification;
f. Any other state, local, national, or
				international official documents containing a birth date of comparable
				reliability; or
g. A certification
				in a lease, application, affidavit, or other document signed by any member of
				the household age eighteen or older asserting that at least one person in the
				unit is fifty-five years of age or older.
North Dakota Administrative Code › Title 46 - Labor Commissioner › Article 46-05 - Housing › Chapter 46-05-01 - Housing For Older Persons › Section 46-05-01-05 - Good-faith defense

Current through Supplement No. 393, July, 2024
1. A person shall
				not be held personally liable for monetary damages for discriminating on the
				basis of familial status, if the person acted with the good-faith belief that
				the housing facility or community qualified for an exemption under this
				chapter.
2.
a.A person claiming the good-faith belief
				defense must have actual knowledge that the housing facility or community has,
				through an authorized representative, asserted in writing that it qualifies for
				a housing for older persons exemption.
b. Before the date on which the
				discrimination is claimed to have occurred, a community or facility, through
				its authorized representatives, must verify, in writing and under oath or
				affirmation, to the person subsequently claiming the defense that it complies
				with the requirements for such an exemption as housing for persons fifty-five
				years of age or older in order for such person to claim the defense.
c. For purposes of this section, an
				authorized representative of a housing facility or community means the
				individual, committee, management company, owner, or other entity having the
				responsibility for adherence to the requirements established by this chapter.
d. For purposes of this section, a
				"person" means a natural person.
e. A person shall not be entitled to the
				good-faith defense if the person has actual knowledge that the housing facility
				or community does not, or will not, qualify as housing for persons fifty-five
				years of age or older. Such a person will be ineligible for the good-faith
				defense regardless of whether the person received written assurance described
				in subdivision b.
North Dakota Administrative Code › Title 47 - Laboratories Commission

Current through Supplement No. 393, July, 2024
The State Laboratories Department and the State Department of Health were consolidated by the Legislative Assembly in 1987 (chapter 263 of the 1987 Session Laws). The State Department of Health and Consolidated Laboratories was given the rulemaking authority formerly possessed by the State Laboratories Commission (chapter 263 of the 1987 Session Laws). Rules adopted by the State Department of Health and Consolidated Laboratories pertaining to the Consolidated Laboratories Branch are located at North Dakota Administrative Code  articles 33-31 through 33-34.
North Dakota Administrative Code › Title 48 - Board of Animal Health › Article 48-02 › Chapter 48-02-01 › Section 48-02-01-02

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 36-01-08,
					 36-21.1-12
Law Implemented: NDCC
					 36-01-08,
					 36-01-12,
					 36-21.1-12
North Dakota Administrative Code › Title 48 - Board of Animal Health › Article 48-02 › Chapter 48-02-01 › Section 48-02-01-03

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 36-01-08,
					 36-01-12
Law Implemented: NDCC
					 36-01-08,
					 36-01-12,
					 36-14-04.1
North Dakota Administrative Code › Title 48 - Board of Animal Health › Article 48-02 › Chapter 48-02-01 › Section 48-02-01-04

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 36-01-08,
					 36-01-12
Law Implemented: NDCC
					 36-01-08,
					 36-01-12,
					 36-14-04.1
North Dakota Administrative Code › Title 48 - Board of Animal Health › Article 48-02 › Chapter 48-02-01 › Section 48-02-01-05

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 36-01-08,
					 36-01-12
Law Implemented: NDCC
					 36-01-08,
					 36-01-12,
					 36-14-04.1
North Dakota Administrative Code › Title 48 - Board of Animal Health › Article 48-02 › Chapter 48-02-01 › Section 48-02-01-06

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 36-01-01,
					 36-01-12
Law Implemented: NDCC
					 36-01-08,
					 36-01-12,
					 36-14-04.1
North Dakota Administrative Code › Title 48 - Board of Animal Health › Article 48-02 › Chapter 48-02-01 › Section 48-02-01-08

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 36-01-08,
					 36-01-12
Law Implemented: NDCC
					 36-01-08,
					 36-01-12,
					 36-14-04.1
North Dakota Administrative Code › Title 48 - Board of Animal Health › Article 48-02 › Chapter 48-02-02 › Section 48-02-02-01

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 36-01-08,
					 36-01-12
Law Implemented: NDCC
					 36-01-08,
					 36-01-12,
					 36-14-04.1,
					 36-21.1-12
North Dakota Administrative Code › Title 48 - Board of Animal Health › Article 48-04 › Chapter 48-04-04 › Section 48-04-04-01

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 36-01-08
Law Implemented: NDCC
					 36-01-12;
					 9 CFR
					 79.1; 9 CFR
					 161
North Dakota Administrative Code › Title 48 - Board of Animal Health › Article 48-09 › Chapter 48-09-01 › Section 48-09-01-02

Current through Supplement No. 393, July, 2024
General Authority: NDCC 36-22-03
Law Implemented: NDCC
					 36-05-10, 36-09-15, 36-09-23,
					 36-09-26, 36-22-02, 36-22-03