reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-03 - Practice of Respiratory Care › Chapter 105-03-01 - Respiratory Care Practice › Section 105-03-01-02 - Home medical equipment and delivery

Current through Supplement No. 393, July, 2024
North Dakota Century Code chapter
				   43-42 prohibits the setup and
				  instruction of medical devices related to the practice of respiratory care,
				  gases, and equipment by a nonlicensed health care professional. The delivery
				  and maintenance of medical devices related to the practice of respiratory care,
				  gases, and equipment by a nonlicensed health care professional for the
				  expressed purpose of self-care by a patient or gratuitous care by a friend or
				  family member in the home or extended care facility is permitted.
This maintenance or delivery by the nonlicensed person does
				  not include performing patient assessment, having direct patient contact or
				  patient care relating to home respiratory care, or representing oneself as a
				  certified or registered respiratory care practitioner.
General Authority: NDCC 43-42-03
Law Implemented: NDCC 43-42-03
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-03 - Practice of Respiratory Care › Chapter 105-03-02 - Code of Ethics › Section 105-03-02-01 - Code of ethics

Current through Supplement No. 393, July, 2024
The board has adopted and incorporated into these rules by
				  reference the American association for respiratory care's statement of ethics
				  and professional conduct as amended in 2015.
General Authority:
NDCC 43-42-03
Law Implemented:
NDCC
					 43-42-03
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-03 - Practice of Respiratory Care › Chapter 105-03-02 - Code of Ethics › Section 105-03-02-02 - Grievance procedure

Current through Supplement No. 393, July, 2024
Grievances must be processed in accordance with the
				  provisions of North Dakota Century Code chapter
				   28-32.
General Authority: NDCC 43-42-03
Law Implemented: NDCC 43-42-03
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-03 - Practice of Respiratory Care › Chapter 105-03-02 - Code of Ethics › Section 105-03-02-03 - Reporting disciplinary action

Current through Supplement No. 393, July, 2024
The board shall report all disciplinary action taken by it to
				  the national board for respiratory care.
General Authority: NDCC 43-42-03
Law Implemented: NDCC 43-42-03
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-04 - Registered Polysomnography Technologist Licensure › Chapter 105-04-01 - Initial Licensure and Renewals › Section 105-04-01-01 - Initial licensure application

Current through Supplement No. 393, July, 2024
An application for a license to practice polysomnography must
				  be made to the state board of respiratory care on forms approved by the board.
				  The application must contain such information as the board may reasonably
				  require.
1. Each application for a
				license must be accompanied by:
a. The
				prescribed fee.
b. A photocopy of
				the certificate from the board of registered polysomnographic technologists, or
				other nationally accredited body approved by the board.
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-04 - Registered Polysomnography Technologist Licensure › Chapter 105-04-01 - Initial Licensure and Renewals › Section 105-04-01-02 - Licensure renewal

Current through Supplement No. 393, July, 2024
Licenses are renewable annually.
1. Applications for renewal of license will
				be mailed by the board on or before December first to all license holders. Fees
				are payable to the board on or before December thirty-first of the year
				preceding the renewal year.
2. An
				application for renewal of license must be signed by the applicant.
3. License fees are considered delinquent and
				a late charge is assessed if the renewal application is not processed online or
				postmarked on or before December thirty-first of the year preceding the renewal
				year.
4. A license is considered as
				a renewal if renewal is sought within three years from the date of the last
				issuance. After three years any application is considered a new
				application.
5. Renewal of license
				must be mailed by January twenty-fourth of the renewal year if the renewal
				request is complete and postmarked on or before December
				thirty-first.
6. All late renewal
				applications will be audited and proof of continuing education units is
				required.
General Authority:
NDCC 43-42-03
Law Implemented:
NDCC
					 43-42-03(4)
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-04 - Registered Polysomnography Technologist Licensure › Chapter 105-04-01 - Initial Licensure and Renewals › Section 105-04-01-03 - Fees

Current through Supplement No. 393, July, 2024
The board has adopted the following fee payment schedule:
1. Initial license fee and license fee
				for renewal are:
Registered polysomnographic technologist - $80.00
Registered polysomnographic technologist - registered
				  respiratory therapist - $80.00
Registered polysomnographic technologist - certified
				  respiratory therapist - $80.00
2. Late fees in the amount of twenty-five
				dollars must be charged for all applications received by the board which are
				postmarked after December thirty-first of the year prior to the year of
				renewal.
3. Registered
				polysomnographic technologists who initially become licensed after November
				first of the year are exempt from licensure renewal for a period of one year.
				There is no proration of fees.
General Authority:
NDCC 43-42-03
Law Implemented:
NDCC
					 43-42-03(4)
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-04 - Registered Polysomnography Technologist Licensure › Chapter 105-04-01 - Initial Licensure and Renewals › Section 105-04-01-04 - Continuing education

Current through Supplement No. 393, July, 2024
1. To renew a license, a person must present
				proof of having attended or acquired at least ten clock-hours of continuing
				education approved by the board. If any licensee allows the licensee's license
				to lapse for a period of more than one year, the licensee must be required to
				submit proof of attendance or acquisition of at least ten clock-hours of
				continuing education for each year that the license has lapsed up to a period
				of three years.
2. Continuing
				education for licensure renewal must be completed in the calendar year prior to
				the year for which licensure is sought. Under extraordinary circumstances, the
				board may consider a request for continuing education hours accrued in the same
				calendar year.
3. Continuing
				education courses must relate to or increase the professional competence of the
				attendee. This determination will be made by the board through approval of
				requested courses. The board has the authority to accept programs sponsored by
				a local, state, regional, national, international, scientific, or professional
				organization appropriate to provide continuing education (i.e., AARC, AMA, ALA,
				AHA, AASM, AAST, BRPT, ASET, etc.).
General Authority:
NDCC 43-42-03
Law Implemented:
NDCC 43-42-03(4),
					 43-42-04.1
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-04 - Registered Polysomnography Technologist Licensure › Chapter 105-04-01 - Initial Licensure and Renewals › Section 105-04-01-05 - Passing score

Current through Supplement No. 393, July, 2024
The successful passing of a national examination means
				  obtaining a score equal to or greater than the passing score, which is in
				  effect at the time of the administration of the test, established by the board
				  of registered polysomnographic technologists or its successor, as recognized by
				  the board.
General Authority: NDCC 43-42-03
Law Implemented: NDCC 43-42-03(4), 43-42-04.1
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-04 - Registered Polysomnography Technologist Licensure › Chapter 105-04-01 - Initial Licensure and Renewals › Section 105-04-01-06 - Qualified applicant

Current through Supplement No. 393, July, 2024
In licensing a registered polysomnographic technologist,
				  "qualified" means trained and possessing the credential issued by the
				  recognized testing or certification body of the profession.
General Authority: NDCC 43-42-03
Law Implemented: NDCC 43-42-03(4), 43-42-04.1
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-05 - Practice of Polysomnography › Chapter 105-05-01 - Polysomnography Practice › Section 105-05-01-01 - Display of license

Current through Supplement No. 393, July, 2024
Every person licensed under North Dakota Century Code chapter
				   43-42 to practice as a registered
				  polysomnographic technologist shall maintain such license or certificate in the
				  office, department, business, or place in which the person practices, where,
				  upon request, it is available to the public.
General Authority: NDCC 43-42-03
Law Implemented: NDCC 43-42-03(4), 43-42-04.1
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-05 - Practice of Polysomnography › Chapter 105-05-01 - Polysomnography Practice › Section 105-05-01-02 - Scope of practice

Current through Supplement No. 393, July, 2024
1. Polysomnographic
				technologists may only perform sleep diagnostics and analysis of data working
				in conjunction with physicians to provide comprehensive clinical evaluations
				that are required for the diagnosis of sleep disorders. By applying monitoring
				equipment, the technologist simultaneously monitors EEG
				(electroencephalography), EOG (electrooculography), EMG (electromyography), ECG
				(electrocardiography), multiple breathing variables, and blood oxygen levels
				during sleep. Interpretive knowledge is required to provide sufficient
				monitoring diligence to recording parameters and the clinical events observed
				during sleep. Technologists provide supportive services related to the ongoing
				treatment of sleep-related problems. The professional realm of this support
				includes guidance on the use of devices for the treatment of breathing problems
				during sleeping and helping individuals develop sleeping habits that promote
				good sleep hygiene.
2.
				Polysomnographic technologists shall:
a.
				Follow procedural protocols such as multiple sleep latency test (MSLT),
				maintenance of wakefulness test (MWT), parasomnia studies, PAP, oxygen
				titration, etc. to ensure collection of appropriate data.
b. Follow lights-out procedures, including
				physiological and instrument calibrations and instructing the patient on
				completing questionnaires, to establish and document baseline values such as
				body position, oxyhemoglobin saturation, respiratory and heart rates, etc.
c. Perform polysomnographic data
				acquisition while monitoring study-tracing quality to ensure signals are
				artifact free and make adjustments, if necessary.
d. Document routine observations, including
				sleep stages and clinical events, changes in procedure and significant events
				in order to facilitate scoring and interpretation of polysomnographic results.
e. Implement appropriate
				interventions, including actions necessary for patient safety and therapeutic
				intervention such as continuous and bilevel positive airway pressure, oxygen
				administration, etc.
f. Follow
				lights-on procedures to verify integrity of collected data and complete the
				data collection process (repeats the physiological and instrument calibrations
				and instructs the patient on completing questionnaires, etc.).
g. Demonstrate the knowledge and skills
				necessary to recognize and provide age-specific care in the treatment,
				assessment, and education of neonatal, pediatric, adolescent, adult, and
				geriatric patients.
h. Oversee and
				perform difficult and unusual procedures and therapeutic interventions as
				related to sleep medicine.
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-05 - Practice of Polysomnography › Chapter 105-05-01 - Polysomnography Practice › Section 105-05-01-03 - Clinical work experience

Current through Supplement No. 393, July, 2024
1. A person enrolled in a bona fide
				polysomnographic training program is not prohibited from performing those
				duties essential for completion of a student's clinical service; provided, that
				the duties are performed under the direct supervision or direction of a
				licensed health care professional trained in sleep medicine or the procedure.
				The supervisor or director is responsible to the board for the actions of the
				trainee.
2. A trainee is an
				individual who has completed a minimum of one year of postsecondary education
				in a health-related field, or its equivalent as approved by the board, and
				works under the direct supervision of a licensed health care professional
				trained in sleep medicine. A student or trainee must be identified as
				such.
3. Individuals on the
				credentialing track are exempt from the requirement to have the RPSGT
				credential for a period not to exceed thirty-six months starting from the first
				day of training, provided they are practicing with appropriate levels of
				supervision, in accordance with the published job descriptions sanctioned by
				the AAST, BRPT, AASM, and ASET, or substantially similar written standards
				developed by the training program.
General Authority:
NDCC 43-42-03
Law Implemented:
NDCC 43-42-03(4),
					 43-42-04.1
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-05 - Practice of Polysomnography › Chapter 105-05-02 - Code of Ethics › Section 105-05-02-01 - Code of ethics

Current through Supplement No. 393, July, 2024
The board has adopted and incorporated into these rules by
				  reference the national board of registered polysomnographic technologists
				  statement of ethics and professional conduct as amended in 2000.
General Authority: NDCC 43-42-03
Law Implemented: NDCC 43-42-03(4), 43-42-04.1
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-05 - Practice of Polysomnography › Chapter 105-05-02 - Code of Ethics › Section 105-05-02-02 - Grievance procedure

Current through Supplement No. 393, July, 2024
Grievances must be processed in accordance with the
				  provisions of North Dakota Century Code chapter
				   28-32.
General Authority: NDCC 43-42-03
Law Implemented: NDCC 43-42-03(4), 43-42-04.1
North Dakota Administrative Code › Title 105 - Respiratory Care, North Dakota State Board of › Article 105-05 - Practice of Polysomnography › Chapter 105-05-02 - Code of Ethics › Section 105-05-02-03 - Reporting disciplinary action

Current through Supplement No. 393, July, 2024
The board shall report all disciplinary action taken by it to
				  the national board of registered polysomnographic technologists.
General Authority: NDCC 43-42-03
Law Implemented: NDCC 43-42-03(4), 43-42-04.1
North Dakota Administrative Code › Title 106 - Board of Athletic Trainers › Article 106-01 - General Administration › Chapter 106-01-01 - Organization of the Board › Section 106-01-01-01 - Organization of the board of athletic trainers

Current through Supplement No. 393, July, 2024
1.
History and function.
The 1983 legislative assembly passed
				legislation to license athletic trainers, codified as North Dakota Century Code
				chapter 43-39. That chapter requires the governor to appoint a board of
				athletic trainers. It is the responsibility of that board to license and
				regulate athletic trainers within the state of North Dakota.
2.
Purpose.
The purpose of the
				board's rules is to safeguard the public's health, safety, and welfare, by
				establishing minimum qualifications and creating exclusive titles corresponding
				to the level of qualifications for individuals who wish to offer athletic
				trainer services to the public. Further, in order to ensure the highest degree
				of professional conduct by those engaged in offering athletic trainer services
				to the public, it is the purpose of these rules to provide for and impose
				disciplinary sanctions, be they civil or criminal, against persons who do not
				meet or adhere to the procedures, qualifications, and standards set out in
				North Dakota Century Code chapter 43-39 or in this title.
3.
Board membership.
The board
				consists of five members appointed by the governor. One member is a licensed
				physician, three members are licensed athletic trainers, and one member is a
				representative of the general public and may not be licensed in any health care
				field. Members serve staggered terms of four years. No member may serve more
				than two successive four-year terms on the board.
4.
Officers.
The board each year
				elects one of its members as chairman and one of its members as
				secretary-treasurer.
5.
Inquiries.
Inquiries regarding board activities may be addressed
				to:
North Dakota Board of Athletic Trainers
P.O. Box 5545
Fargo, ND 58105-5545
General Authority:
NDCC 28-32-02.1
Law Implemented:
NDCC
					 43-39-02
North Dakota Administrative Code › Title 106 - Board of Athletic Trainers › Article 106-02 - Licensure › Chapter 106-02-01 - Initial Licensure and Renewals › Section 106-02-01-01 - Initial licensure

Current through Supplement No. 393, July, 2024
To apply for initial licensure, an applicant:
1. Must meet all requirements of
				certification established by the board of certification,
				incorporated;
2. Must submit an
				application along with the application fee and initial license fee provided in
				section
				106-02-01-05; and
3. Must meet with the approval of the board
General Authority:
NDCC 43-39-02
Law Implemented:
NDCC 43-39-05, 43-39-06,
					 43-39-08
North Dakota Administrative Code › Title 106 - Board of Athletic Trainers › Article 106-02 - Licensure › Chapter 106-02-01 - Initial Licensure and Renewals › Section 106-02-01-02 - Reciprocity

Current through Supplement No. 393, July, 2024
A person who holds a current license as an athletic trainer
				  in another jurisdiction and who is in good standing in that jurisdiction may
				  apply to receive a license from the board if the person satisfies the
				  requirements for initial licensure.
General Authority: NDCC
					 43-39-02
Law Implemented: NDCC
					 43-39-06
North Dakota Administrative Code › Title 106 - Board of Athletic Trainers › Article 106-02 - Licensure › Chapter 106-02-01 - Initial Licensure and Renewals › Section 106-02-01-03 - License renewal

Current through Supplement No. 393, July, 2024
1. Licenses issued
				by the board expire on June thirtieth of each year. Renewal notice will be sent
				no later than May fifteenth of each year. A renewal application will be
				considered timely if received before July first and if the application is
				accompanied by the proper fee.
2.
				This section does not relieve any person from criminal prosecution for
				practicing athletic training without a license as required by North Dakota
				Century Code chapter 43-39. Once a license has lapsed, the person who held the
				license may not practice athletic training until the license is renewed or
				until a new license is issued.
3.
				Any person who fails to renew a lapsed license within one year must reapply for
				a new license.
General Authority:
NDCC 43-39-02
Law Implemented:
NDCC 43-39-07,
					 43-39-09
North Dakota Administrative Code › Title 106 - Board of Athletic Trainers › Article 106-02 - Licensure › Chapter 106-02-01 - Initial Licensure and Renewals › Section 106-02-01-04

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 43-39-02
Law Implemented: NDCC
					 43-39-02
North Dakota Administrative Code › Title 106 - Board of Athletic Trainers › Article 106-02 - Licensure › Chapter 106-02-01 - Initial Licensure and Renewals › Section 106-02-01-05 - Fees

Current through Supplement No. 393, July, 2024
The board charges the following fees:
1. For applications for initial licensure,
				one hundred dollars.
2. For a
				timely renewal of a current annual license, fifty dollars.
3. For renewal of an annual license which has
				expired within the last year, one hundred dollars.
General Authority:
NDCC 43-39-02
Law Implemented:
NDCC 43-39-02,
					 43-39-06
North Dakota Administrative Code › Title 106 - Board of Athletic Trainers › Article 106-03 - Practice of Athletic Training › Chapter 106-03-01 - Athletic Training Practice › Section 106-03-01-01 - Posting Licenses

Current through Supplement No. 393, July, 2024
A person who is licensed by the board shall display the
				  license at the location of the licensee's principal place of employment.
General Authority:
NDCC 43-39-02
Law Implemented:
NDCC
					 43-39-02
North Dakota Administrative Code › Title 106 - Board of Athletic Trainers › Article 106-03 - Practice of Athletic Training › Chapter 106-03-01 - Athletic Training Practice › Section 106-03-01-02 - Use of titles and abbreviated titles

Current through Supplement No. 393, July, 2024
A person licensed by the board may use the title "licensed
				  athletic trainer" and the abbreviation "LAT".
General Authority:
NDCC 43-39-02
Law Implemented:
NDCC 43-39-02,
					 43-39-04
North Dakota Administrative Code › Title 106 - Board of Athletic Trainers › Article 106-03 - Practice of Athletic Training › Chapter 106-03-01 - Athletic Training Practice › Section 106-03-01-03 - Complaints

Current through Supplement No. 393, July, 2024
All complaints will be investigated and evaluated by the
				  board. Complaints must be in writing and sent to the board. A complaint must
				  state, at a minimum, the name or names of the person against whom the complaint
				  is made and a brief explanation of the complaint. The complaint must be dated
				  and signed by the person making the complaint. The board may also investigate a
				  complaint on its own motion. Following an investigation, the board may file a
				  complaint against a licensee under North Dakota Century Code chapter
				  28-32.
General Authority:
NDCC 43-39-02
Law Implemented:
NDCC
					 43-39-02
North Dakota Administrative Code › Title 106 - Board of Athletic Trainers › Article 106-03 - Practice of Athletic Training › Chapter 106-03-01 - Athletic Training Practice › Section 106-03-01-04 - Grounds for discipline

Current through Supplement No. 393, July, 2024
In addition to the causes for disciplinary action in North
				  Dakota Century Code section
				  43-39-10, the board may take
				  disciplinary action against an applicant or licensee if the applicant or
				  licensee:
1. Is unfit or incompetent
				by reason of gross ignorance, negligence, habits, or other causes of
				incompetency;
2. Is knowingly
				practicing while suffering from a contagious or infectious disease without
				taking sufficient precautions;
3.
				Is in violation of any of the applicable provisions of the code for
				professional practice of the national athletic trainers association,
				incorporated;
4. Is guilty of
				dishonest or unethical conduct;
5.
				Has practiced athletic training without a valid license; or
6. Has violated or aided or abetted others in
				violation of any provision of state law or this title.
General Authority: NDCC
					 43-39-02
Law Implemented: NDCC
					 43-39-02,
					 43-39-10
North Dakota Administrative Code › Title 106 - Board of Athletic Trainers › Article 106-03 - Practice of Athletic Training › Chapter 106-03-01 - Athletic Training Practice › Section 106-03-01-05 - Disciplinary actions

Current through Supplement No. 393, July, 2024
The disciplinary actions which may be taken by the board
				  include:
1. Revocation of a
				license;
2. Suspension of a
				license, for any period of time;
3.
				Placing restrictions on the practice of a licensee;
4. Issuing a letter of reprimand to a
				licensee;
5. Placing a licensee on
				probationary status, which may include any of the following conditions:
a. Regular reports to the board upon matters
				that are the basis of probation;
b.
				Additional continuing education units until a satisfactory degree of skill has
				been attained in those areas that are the basis of probation; or
c. Such other reasonable requirements or
				restrictions as are proper.
North Dakota Administrative Code › Title 106 - Board of Athletic Trainers › Article 106-03 - Practice of Athletic Training › Chapter 106-03-01 - Athletic Training Practice › Section 106-03-01-06 - Notice of name or address change

Current through Supplement No. 393, July, 2024
Applications for an initial license or renewal of a license
				  must contain the current name and address of the applicant. If, for any reason,
				  a change of name or address occurs, the applicant or licensee shall notify the
				  board within thirty days of such change.
General Authority:
NDCC 43-39-02
Law Implemented:
NDCC 43-39-02,
					 43-39-09
North Dakota Administrative Code › Title 107 - Crop Protection Product Harmonization and Registration Board › Article 107-01 - General Administration › Chapter 107-01-01 - Organization of the Crop Protection Product Harmonization and Registration Board › Section 107-01-01-01 - Organization and functions of the board

Current through Supplement No. 393, July, 2024
1.
History
. The legislative assembly established the crop protection
				product harmonization and registration board under section 3 of chapter 75 and
				section 3 of chapter 9 of the 2001 Session Laws. The board was preceded by a
				legislative council committee, known as the crop harmonization committee,
				created under section 11 of chapter 31 of the 1999 Session Laws. The law
				creating the crop harmonization committee was repealed by section 4 of chapter
				75 of the 2001 Session Laws.
2.
Purpose
. The purpose of the board is to:
a. Administer a grant program through the
				minor use pesticide fund for conducting or commissioning studies,
				investigations, and evaluations regarding the registration and use of
				pesticides for minor crops, minor uses, and other uses as determined by the
				board;
b. Administer a grant
				program through which agriculture commodity groups may apply for funds to be
				used by those groups to address issues related to the registration of crop
				protection products;
c. Identify
				and prioritize crop protection product labeling needs;
d. Explore the extent of authority given to
				this state under the federal Insecticide, Fungicide, and Rodenticide Act [
				 7 U.S.C. 136 a ];
e. Identity the data necessary to enable
				registration of a use to occur in a timely manner;
f. Determine what research, if any, is
				necessary to fulfill data requirements for activities listed in North Dakota
				Century Code section
				 4-35-30;
g. Request the agriculture commissioner to
				pursue specific research funding options from public and private sources;
h. Request the North Dakota state
				university agricultural experiment station to pursue specific research to
				coordinate registration efforts; and
i. Pursue any opportunities to make crop
				protection product options available to agricultural producers in this state
				through any means the board determines advisable.
North Dakota Administrative Code › Title 107 - Crop Protection Product Harmonization and Registration Board › Article 107-02 - Pesticide Harmonization and Registration Programs › Chapter 107-02-01 - Recovery of Funds › Section 107-02-01-01 - Recovery of grant funds relating to pesticide registration

Current through Supplement No. 393, July, 2024
North Dakota Century Code section
				   4-35-06.2 authorizes the board to
				  accept funds received from expenses paid relating to the registration of
				  pesticides. In attempting to recover funds, when possible, the board may
				  receive royalties, license fees, or other intellectual property rights on the
				  sale or lease of any product, process, or service developed in whole or in part
				  with a minor use pesticide fund grant. Such agreement will be negotiated at the
				  time of the grant award and will be structured so that the board may recover at
				  least a portion of its investment of public funds. Repaid grant funds must be
				  deposited in the minor use pesticide fund to pay expenses relating to the
				  registration of pesticides or for the specific purpose negotiated between the
				  board and grantee. If a grantee agrees to repay funds on the condition that
				  such repayments shall be allocated toward a specific purpose, such specific
				  purpose must be within the statutory authority of the board.
General Authority: NDCC 4-35-06.2
Law Implemented: NDCC 4-35-06.2
North Dakota Administrative Code › Title 107 - Crop Protection Product Harmonization and Registration Board › Article 107-02 - Pesticide Harmonization and Registration Programs › Chapter 107-02-01 - Recovery of Funds › Section 107-02-01-02 - Acceptance of donations to the board

Current through Supplement No. 393, July, 2024
North Dakota Century Code section
				   4-35-06.2 authorizes the board to
				  accept donations offered to or for the benefit of the board. If a person
				  donates funds on the condition that such donations shall be allocated toward a
				  specific purpose, such specific purpose must be within the statutory authority
				  of the board. The board encourages agricultural organizations to assist in
				  providing funding, in-kind services, or materials for laboratory studies and
				  investigations concerning the registration of pesticides for minor crops, minor
				  uses, or other uses that would benefit the organizations. The board may request
				  that a company, whose product is registered with the assistance of these funds,
				  make a donation to the minor use pesticide fund.
General Authority: NDCC 4-35-06.2
Law Implemented: NDCC 4-35-06.2
North Dakota Administrative Code › Title 107 - Crop Protection Product Harmonization and Registration Board › Article 107-02 - Pesticide Harmonization and Registration Programs › Chapter 107-02-02 - Minor Use Pesticide Fund Grant Program › Section 107-02-02-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter:
1. "Agricultural commodity" means any
				distinctive type of agricultural, horticultural, vegetable, or animal product,
				including products qualifying as organic food products, bees, and honey.
2. "Board" means the crop
				protection product harmonization and registration board.
3. "FFDCA" means the federal Food, Drug, and
				Cosmetic Act, as amended [  21 U.S.C. 301  et seq.].
4. "FIFRA" means the federal Insecticide,
				Fungicide, and Rodenticide Act, as amended [
				 7 U.S.C. 136  et seq.].
5. "IR-4 program" means interregional
				research project number four established by the United States secretary of
				agriculture under the Competitive, Special, and Facilities Research Grant Act [
				 Pub. L. 89-106,  § 2, August 4, 1965; 79 Stat. 431;
				 7 U.S.C. 450 i(e) ]. The purpose of
				the IR-4 program is to carry out the collection of residue and efficacy data in
				support of minor use pesticide registration or reregistration and to determine
				tolerances for minor use chemical residues in or on agricultural commodities.
6. "Laboratory" means the IR-4
				program satellite laboratory established at North Dakota state university, or
				other IR-4 program satellite laboratories approved by the board.
7. "Minor crop" means an agricultural crop
				considered to be minor in the national context of registering pesticides.
8. "Minor use" means a pesticide
				use considered to be minor in the national context of registering pesticides,
				including a use for a special local need.
9. "Minor use pesticide fund" means the
				special fund in the state treasury created under North Dakota Century Code
				section  4-35-06.3.
10. "Other uses" means registration,
				reregistration, or modification of a pesticide registration for minor crops,
				minor uses, major crops, and major uses. "Other uses" includes research and
				other factfinding efforts relative to pesticide registration and use, but not
				nonresearch efforts such as persuading state or federal public officials to
				change current laws, rules, or regulations related to pesticide registration
				and use.
11. "Pesticide" means any
				substance or mixture of substances intended for preventing, destroying,
				repelling, or mitigating any pest and any substance or mixture of substances
				intended for use as a plant regulator, defoliant, or desiccant.
12. "Registration" means the authorized use
				of a pesticide approved by the North Dakota department of agriculture.
General Authority: NDCC 4-35-30
Law Implemented: NDCC 4-35-06.3
North Dakota Administrative Code › Title 107 - Crop Protection Product Harmonization and Registration Board › Article 107-02 - Pesticide Harmonization and Registration Programs › Chapter 107-02-02 - Minor Use Pesticide Fund Grant Program › Section 107-02-02-02 - Purpose

Current through Supplement No. 393, July, 2024
A minor use pesticide fund grant may be used for conducting
				  or commissioning evaluations, studies, or investigations approved by the board
				  to obtain or maintain a pesticide registration for a minor crop, minor use, or
				  other use in North Dakota. These evaluations, studies, activities, or
				  investigations may be conducted by North Dakota state university or may be
				  secured by the board from other qualified laboratories, researchers, or
				  contractors by written contract.
General Authority: NDCC 4-35-30
Law Implemented: NDCC 4-35-06.3
North Dakota Administrative Code › Title 107 - Crop Protection Product Harmonization and Registration Board › Article 107-02 - Pesticide Harmonization and Registration Programs › Chapter 107-02-02 - Minor Use Pesticide Fund Grant Program › Section 107-02-02-03 - Procedure for minor use pesticide fund grant requests

Current through Supplement No. 393, July, 2024
Applicants may obtain a minor use pesticide fund application
				  form by contacting the board at the address listed in subsection 4 of section 107-01-01-01. Applicants must
				  deliver or mail two copies of the application and any attachments to the board
				  at the address listed in subsection 4 of section 107-01-01-01. Applicants are
				  required to include the following in their proposals:
1. Application coversheet, including names
				and addresses of the applicant organization, principal contact, project title,
				specific funding request, and total project budget.
2. Executive summary, limited to two pages,
				summarizing the essential elements of the proposal and funding request.
3. Project narrative, including
				when applicable:
a. A description of the
				intended research results;
b. A
				description of the research methodology to be employed, including objectives,
				tasks, research site, and a detailed schedule of planned activities and a
				timeframe for completion.
c. A
				summary of prior research done by the applicant or others and the development
				of new uses to date;
d. An
				explanation of the estimated project benefit to one or more North Dakota
				agricultural sectors, such as increased markets, new uses, or expansion of
				existing uses;
e. A list of
				project cosponsors, including the name of the organization, address, telephone,
				key contact, and nature and extent of participation;
f. A list of principal investigators and
				other members of the research team, including their respective expertise and
				responsibilities under the project. Resumes of all principal investigators,
				limited to two pages, must be attached;
g. A review of existing research directly
				related to the funding request;
h.
				The current economic impact of the pest problem on the agricultural commodity;
i. The affected acres in North
				Dakota;
j. The effect of the pest
				problem on the environment, nontarget species, and human health;
k. A description of why current control
				measures are not effective; and
l.
				Any additional information, which the applicant deems relevant.
North Dakota Administrative Code › Title 107 - Crop Protection Product Harmonization and Registration Board › Article 107-02 - Pesticide Harmonization and Registration Programs › Chapter 107-02-02 - Minor Use Pesticide Fund Grant Program › Section 107-02-02-04 - Evaluation and selection criteria

Current through Supplement No. 393, July, 2024
Proposals will be evaluated upon a basis of one hundred
				  possible points, according to the following criteria:
1.
Relevance to areas of emphasis.
Preference will be given to those proposals that rank high in importance
				to the state agricultural economy, to human health, and to the environment. Up
				to thirty points may be awarded on this criterion.
2.
Overall merit and quality of
				proposal.
The board will review each proposal for technical and
				commercial merit and the relative competence and technical qualifications of
				project principals. Up to twenty-five points may be awarded on this criterion.
3.
Feasibility of completing
				project objectives within stated timeframes.
Preference will be given to
				proposals demonstrating a high probability of securing a pesticide
				registration, amended registration, reregistration, or exemption. Up to fifteen
				points may be awarded on this criterion.
4.
Appropriateness of requested budget.
Priority will be given to those proposals that have a well-documented
				budget that is adequate and appropriate for the research. Up to fifteen points
				may be awarded on this criterion.
5.
Matching funds.
Priority will
				be given to those proposals that demonstrate a shared commitment for funding
				from other private or public sources or from the applicant. Matching funds may
				be in the form of cash or in-kind services, or both. Disbursement of funds will
				be contingent upon evidence that matching funds have been allocated to the
				proposal. Up to fifteen points may be awarded on this criterion.
General Authority: NDCC 4-35-30
Law Implemented: NDCC 4-35-06.3
North Dakota Administrative Code › Title 107 - Crop Protection Product Harmonization and Registration Board › Article 107-02 - Pesticide Harmonization and Registration Programs › Chapter 107-02-02 - Minor Use Pesticide Fund Grant Program › Section 107-02-02-05 - Supplemental program information

Current through Supplement No. 393, July, 2024
1.
Funding
				level.
Proposals are not limited to a specific dollar amount but the
				board's legislative appropriations are finite. The board reserves the right to
				increase or decrease the award based on its findings and on its level of
				available funds.
2.
Funding
				period.
Proposals may be submitted at any time. Reviews and grant awards
				will be made on a quarterly basis. proposals requiring up to two years of
				funding may be submitted, but the second year of funding is contingent upon
				availability of board funds and the applicant's satisfactory progress toward
				meeting project objectives.
3.
Funding limitations.
Applicants may not use minor use pesticide
				fund grants to pay for indirect costs, overhead costs, or equipment. If an
				equipment purchase is a necessary component of a project, other funds must be
				used to purchase the equipment.
4.
Eligibility of applicants.
An individual, company, or organization
				may request a minor use pesticide fund grant on behalf of a particular user
				community. Requests will not be accepted from pesticide manufacturers, dealers,
				or distributors. Qualified universities, the United States department of
				agriculture, or private researchers or laboratories may carry out funded
				projects.
5.
Good laboratory
				practice standards.
Any funded project involving pesticide residue data
				generation must allow acceptable scientific practices in accordance with 40
				CFR, part 160, regarding good laboratory practice standards. Such funded
				projects include research towards:
a. An
				application for registration, amended registration, or reregistration of a
				pesticide product under FIFRA sections 3, 4, or 24(c) [
				 7 U.S.C. 136 a,
				136a-1, or
				136v ].
b. An application for an experimental use
				permit under FIFRA section 5 [
				 7 U.S.C. 136 c ].
c. An application for an exemption under
				FIFRA section 18 [  7 U.S.C. 136 p ].
d. A petition or other request for
				establishment or modification of a tolerance, for an exemption for the need for
				a tolerance, or for other clearance under FFDCA section 408.
e. A petition or other request for
				establishment or modification of a food additive regulation or other clearance
				by the United States environmental protection agency under FFDCA section 409.
f. A submission of data in
				response to a notice issued by the United States environmental protection
				agency under FIFRA section 3(c)(2)(B).
g. Any other application, petition, or
				submission sent to the United States environmental protection agency intended
				to persuade it to grant, modify, or leave unmodified a registration or other
				approval required as a condition of sale or distribution of a pesticide.
North Dakota Administrative Code › Title 107 - Crop Protection Product Harmonization and Registration Board › Article 107-02 - Pesticide Harmonization and Registration Programs › Chapter 107-02-03 - Pesticide Harmonization Grant Program › Section 107-02-03-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter:
1. "Agriculture commodity group" means an
				organization whose members are primarily farmers or ranchers; which represents
				the interests of those persons producing a specific agricultural,
				horticultural, vegetable, or animal product; and which develops and implements
				policies and programs on a state and national level to help protect and advance
				its members' interest.
2. "Board"
				means the crop protection product harmonization and registration board.
General Authority: NDCC 4-35-30
Law Implemented: NDCC 4-35-30
North Dakota Administrative Code › Title 107 - Crop Protection Product Harmonization and Registration Board › Article 107-02 - Pesticide Harmonization and Registration Programs › Chapter 107-02-03 - Pesticide Harmonization Grant Program › Section 107-02-03-02 - Purpose

Current through Supplement No. 393, July, 2024
The board administers a grant program through which an
				  agriculture commodity group may apply for funds to be used by the group to
				  address issues related to the registration of crop protection products. Special
				  emphasis will be given to applications that seek funds to address harmonization
				  of pesticide labeling and availability of Canadian pesticides that are
				  identical or substantially similar to more expensive United States-registered
				  pesticides.
General Authority: NDCC 4-35-30
Law Implemented: NDCC 4-35-30
North Dakota Administrative Code › Title 107 - Crop Protection Product Harmonization and Registration Board › Article 107-02 - Pesticide Harmonization and Registration Programs › Chapter 107-02-03 - Pesticide Harmonization Grant Program › Section 107-02-03-03 - Procedure for pesticide harmonization grant request

Current through Supplement No. 393, July, 2024
To be eligible to receive a grant, an agriculture commodity
				  group must submit a written application to the board at the address listed in
				  subsection 4 of section 107-01-01-01. Each application
				  must contain:
1. A request for a
				specific funding amount;
2. A
				specific explanation of the exact purposes for which the grant will be used;
3. A detailed timetable for the
				use of the grant funds; and
4. Any
				additional information the board determines appropriate for potential grant
				recipients.
General Authority: NDCC 4-35-30
Law Implemented: NDCC 4-35-30
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-01 - North Dakota State Building Code › Chapter 108-01-01 - North Dakota State Building Code › Section 108-01-01-02 - Definitions

Current through Supplement No. 393, July, 2024
1. "DCS" means the division of community
				services.
2. "IBC" means the
				international building code.
3.
				"ICC" means the international code council.
4. "IFGC" means the international fuel gas
				code.
5. "IMC" means the
				international mechanical code.
6.
				"IRC" means the international residential code.
7. "Qualified appointed representative" means
				a code-knowledgeable individual designated by an eligible jurisdiction or
				organization to vote on the proposed published versions of the IBC, IRC, IMC,
				and IFGC and recommendations on proposed amendments from the building code
				advisory committee.
General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 18-12-06, 54-21.3-01, 54-21.3-02, 54-21.3-03, 54-21.3-04, 54-21.3-05
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-01 - North Dakota State Building Code › Chapter 108-01-01 - North Dakota State Building Code › Section 108-01-01-03 - Intent

Current through Supplement No. 393, July, 2024
It is the intent of this chapter to prescribe the rules for
				  implementing, updating, and amending the nationally recognized standards for
				  construction, alteration, movement, demolition, repair, and use of buildings in
				  the state of North Dakota.
General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 18-12-06, 54-21.3-01, 54-21.3-02, 54-21.3-03, 54-21.3-04, 54-21.3-05
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-01 - North Dakota State Building Code › Chapter 108-01-01 - North Dakota State Building Code › Section 108-01-01-04 - Scope

Current through Supplement No. 393, July, 2024
1. This chapter supplements all laws defined
				within the North Dakota Century Code relating to construction, alterations,
				improvements, and siting of buildings, unless specifically exempted.
2. This chapter applies to all cities,
				townships, and counties that elect to adopt and enforce building codes within
				their jurisdictional boundaries.
3. This chapter applies to all state and
				local government buildings.
4.
				This chapter applies to all public and private schools.
General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 18-12-06, 54-21.3-01, 54-21.3-02, 54-21.3-03, 54-21.3-04, 54-21.3-05
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-01 - North Dakota State Building Code › Chapter 108-01-01 - North Dakota State Building Code › Section 108-01-01-05 - Implementation

Current through Supplement No. 393, July, 2024
The DCS is responsible for developing and implementing the
				  administrative rules for implementing, updating, and amending the state
				  building code. Cities, townships, and counties that elect to enforce a building
				  code are responsible for adopting and enforcing the state building code, but
				  may amend the code to conform to local needs. State agencies are responsible
				  for assuring that plans and specifications for alterations and new construction
				  of their buildings comply with the state building code, and that all work is
				  inspected for compliance with the state building code. Schools located in
				  jurisdictions that have not elected to adopt and enforce the state building
				  code are responsible for assuring that plans and specifications for alterations
				  and new construction comply with the state building code. Local governments
				  that have not elected to adopt and enforce the state building code are
				  responsible for assuring that plans and specifications for alterations and new
				  construction of their buildings comply with the state building code.
General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 18-12-06, 54-21.3-03(1)(3), 54-21.3-05