reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-02.1 - Private Security Services › Section 93-02-02.1-04 - Registration of employees and independent contractors of private security agencies

Current through Supplement No. 393, July, 2024
1. For the purposes of this chapter, the terms "employee" and "employment" refer to an employer-employee relationship in which the employee is working for compensation, the employer directly or indirectly controls the employee's conduct, and the employer pays taxes or makes other payments because of the employment.
2. An individual providing private security services as an employee or independent contractor of a private security agency who is not licensed to provide those services must have a registration from the board as an apprentice security officer, security officer, or commissioned security officer. The agency is responsible for obtaining registration for all of its employees and independent contractors.
3. A private security agency may not employ or contract with an unregistered or unlicensed person to provide private security services on behalf of the agency. A person employed or contracted by a private security agency who does not provide any private security services need not be registered or licensed.
4. A private security agency is responsible for any activities of its licensed or registered employees and independent contractors and may be subject to administrative action by the board for the activities of its licensed or registered employees and independent contractors.
5. A registered employee or independent contractor may not provide private security services unless the employee or independent contractor is under the supervision of an individual who is licensed to provide private security services.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04, 43-30-05, 43-30-16
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-02.1 - Private Security Services › Section 93-02-02.1-05 - Qualifications for apprentice security officers

Current through Supplement No. 393, July, 2024
To qualify for registration as an apprentice private security
				  officer, an individual:
1. Must
				complete, within thirty days after being registered with the board, a minimum
				of twelve hours of in-person, live remote, or online classroom instruction
				relating to the provision of private security services or twelve hours of field
				training. The field training must be supervised either by a security officer
				who has a minimum of two thousand hours of active service in that grade or
				equivalent combination of training and experience as defined in section 93-02-02.1-10 or by a commissioned security officer. The training must be at a
				ratio of no more than four trainees to one officer.
2. Until the apprentice private security
				officer has fulfilled the requirements in this section, the apprentice may only
				provide private security services under the direct, onsite supervision of a
				security officer or commissioned security officer employed by the private
				security agency.
3. A registration
				under this section will not be issued after the expiration of a temporary
				registration issued under North Dakota Century Code section 43-30-05.1 unless
				the apprentice security officer provides sufficient proof to the board of the
				completion of the instruction and field training requirements in this
				section.
General Authority:
NDCC 43-30-04
Law Implemented:
NDCC
					 43-30-04
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-02.1 - Private Security Services › Section 93-02-02.1-06 - Qualifications for security officers

Current through Supplement No. 393, July, 2024
To qualify for registration as a security officer, an
				  individual must provide a minimum of one thousand hours of private security
				  service as a registered apprentice security officer and complete an additional
				  thirty-two hours of in-person or live remote classroom instruction as required
				  by the board. An individual actively serving or honorably discharged from the
				  United States armed forces, army national guard of the United States, army
				  reserve, navy reserve, marine corps reserve, air national guard of the United
				  States, air force reserve, or coast guard reserve is deemed to have met the one
				  thousand hours of private security service requirement.
General Authority:
NDCC 43-30-04
Law Implemented:
NDCC
					 43-30-04
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-02.1 - Private Security Services › Section 93-02-02.1-07 - Qualifications for commissioned security officers

Current through Supplement No. 393, July, 2024
To qualify for registration as a commissioned security
				  officer, an individual must provide three thousand hours of private security
				  service as a registered security officer, in addition to at least one thousand
				  hours as an apprentice security officer, and complete an additional eighty
				  hours of in-person or live remote classroom instruction as required by the
				  board.
General Authority:
NDCC 43-30-04
Law Implemented:
NDCC
					 43-30-04
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-02.1 - Private Security Services › Section 93-02-02.1-08 - Armed personnel - Possession and use of firearms in the course of providing private security services

Current through Supplement No. 393, July, 2024
It is unlawful for any individual, including agency personnel, to carry a firearm while providing private security services unless the individual carrying the firearm:
1. Is in compliance with all existing state and federal laws governing weapons or firearms, including certification and licensing when necessary;
2. Has completed the same requirements for firearms training as is required for North Dakota peace officers. However, if the individual fails the written examination or shooting course twice, the individual must wait at least thirty days to retake the failed portion, and if the individual fails the written examination or shooting course a third time, the individual must wait a full year before retaking the written examination or shooting course; and
3. Achieved at least the rank of security officer as defined in section 93-02-02.1-06 and been issued an armed private security certificate.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-02.1 - Private Security Services › Section 93-02-02.1-09 - Qualifications for trainers

Current through Supplement No. 393, July, 2024
Except as provided in section 93-02-02.1-17, in-person or
				  live remote classroom instruction required of apprentice security officers,
				  security officers, or commissioned security officers must be conducted by
				  trainers certified by the board. To be certified as a trainer, an individual
				  must have achieved the rank of commissioned security officer as defined in
				  section 93-02-02.1-07 and meet at least one of the following
				  requirements:
1. Completion of an
				instructor training course in a relevant discipline;
2. Equivalent combination of training and
				experience as defined in section 93-02-02.1-10;
3. One year of experience as an instructor in
				a relevant discipline at an educational institution or educational
				agency;
4. A degree from any
				educational institution in a relevant discipline; or
5. Certification from an accredited
				vocational education provider.
General Authority:
NDCC 43-30-04
Law Implemented:
NDCC
					 43-30-04
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-02.1 - Private Security Services › Section 93-02-02.1-09.1 - Qualifications for armed instructors

Current through Supplement No. 393, July, 2024
Written and practical instruction and testing must be
				  conducted by a board-certified instructor. To be certified as an armed
				  instructor, an individual must meet at least one of the following
				  requirements:
1. Is a certified
				weapons instructor by the North Dakota peace officer standards and training
				board.
2. Is a certified law
				enforcement weapons instructor by the national rifle association.
3. Has completed twenty-four months of
				apprenticeship training under the direct, onsite supervision of a
				board-certified weapons instructor. During the twenty-four-month apprenticeship
				period, the candidate must be at least a security officer and hold an armed
				certificate. After completion of the apprenticeship, the instructor must submit
				a notice to the board showing that the candidate has successfully completed the
				candidate's apprenticeship and the instructor is requesting certification for
				the candidate.
General Authority:
NDCC 43-30-04
Law Implemented:
NDCC
					 43-30-04
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-02.1 - Private Security Services › Section 93-02-02.1-10 - Equivalency

Current through Supplement No. 393, July, 2024
The board may waive part of or all of any training or experience requirements for individuals licensed or registered by the board based upon equivalent training or experience in any combination of the following: private security or private investigation in another state with equal or similar requirements; law enforcement in any jurisdiction with equal or similar requirements; military security; proprietary security, provided that equal or similar requirements for training as required by this chapter were met; or equivalent training in any educational institution in relevant subject matters.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-02.1 - Private Security Services › Section 93-02-02.1-11 - Prohibitions

Current through Supplement No. 393, July, 2024
1. An individual, while providing private security services, may not:
a. Wear, carry, use, display, or possess any identification, badge, uniform, patch, insignia, sign, decal, or other form of identification;
b. Make or utter any statement; or
c. Use, control, possess, or own any motor vehicle of any kind which is marked or identified by any sign, insignia, decal, equipment, device, or contrivance;
which could or might reasonably lead the general public to believe or assume that the individual has any police-type powers or that the individual or vehicle is associated in any way with a governmental law enforcement agency or other governmental agency. Examples of prohibited conduct include use of the word "police", the great seal of the state of North Dakota, or the seal of any political subdivision; or use of any type of common or customary military rank.
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-02.1 - Private Security Services › Section 93-02-02.1-12 - Surety requirements

Current through Supplement No. 393, July, 2024
1. Before a license to provide private security services can be issued to any individual or agency, the applicant must file with the board a certificate of insurance executed by the applicant and by an insurance company in the sum of three hundred thousand dollars of general liability with errors and omissions insurance.
2. The certificate of insurance must be conditioned on the faithful and honest conduct of the business of the applicant and the applicant's agents, employees, and independent contractors, and for the full protection of any person who deals with the applicant or the applicant's agents, employees, and independent contractors. The certificate of insurance must provide that any person injured by the breach of the conditions of the insurance policy may bring an action on that insurance policy in the name of the state of North Dakota for the use of the person so injured to recover legal damages suffered by reason of breach of the conditions; provided, however, that the aggregate liability of the insurance policy for all damages may, in no event, exceed the sum of the insurance policy. The insurance underwriter may cancel the policy upon giving thirty clays' notice in writing to the board and thereafter is relieved of liability for any breach of condition occurring after the effective date of the cancellation.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-02.1 - Private Security Services › Section 93-02-02.1-13 - License - Posting

Current through Supplement No. 393, July, 2024
Each individual who, or private security agency that, is licensed by the board shall conspicuously display that license at all times in the licensee's place of business. If the licensee has more than one office as a place of business, the licensee shall display a duplicate license at each office. An agency need not display the licenses of all the individual licensees employed or contracted by the agency. If the board revokes, suspends, or disapproves renewal of any license, the board may require the holder of the license to return the license to the board within fourteen days.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-05
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-02.1 - Private Security Services › Section 93-02-02.1-14 - Issuance of pocket cards

Current through Supplement No. 393, July, 2024
1. To each individual licensed or registered
				by the board, the board shall issue a pocket card. Each individual licensed or
				registered by the board shall have on that individual's person, the pocket card
				issued while providing private security services.
2. When a registered employee or independent
				contractor of a private security agency terminates employment or a contract
				with the agency, that individual shall return the pocket card to the agency
				immediately after termination. Within seven days after receiving the pocket
				card of the terminated individual, the agency shall mail or deliver the pocket
				card to the board for cancellation, with a letter from the holder of the agency
				license stating the date the registered individual was terminated and the date
				the agency received the terminated individual's card.
3. If the board revokes, suspends, or
				disapproves the renewal of a license or registration of any individual, the
				board may require the individual to return the individual's pocket card within
				fourteen days.
4. If the board
				revokes, suspends, or disapproves renewal of a private security agency license,
				the board may require the agency to return the pocket cards of all its
				registered employees and independent contractors within fourteen days of the
				request by the board.
General Authority:
NDCC 43-30-04
Law Implemented:
NDCC
					 43-30-05
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-02.1 - Private Security Services › Section 93-02-02.1-15 - Change in ownership or other application information

Current through Supplement No. 393, July, 2024
A private security agency license is not transferable. A licensed agency must notify the board in advance of any change in ownership of the agency and a new license application form must be submitted to the board by the new owner or owners. Payment of license fees is nontransferable. Each agency licensed by the board has a continuing duty to notify the board about any changes in information provided in the license application form within fourteen days of the change.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-05
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-02.1 - Private Security Services › Section 93-02-02.1-16 - Examination restrictions

Current through Supplement No. 393, July, 2024
Any applicant for a license to provide private security services who fails to pass the first examination required by the board may apply for retesting no sooner than thirty days after notice of failure. Upon failure of a second and subsequent examination, the applicant may apply for retesting again after a one-year waiting period.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04, 43-30-16
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-02.1 - Private Security Services › Section 93-02-02.1-17 - Online training certification

Current through Supplement No. 393, July, 2024
Non-live remote or online classroom instruction may be
				  permitted for apprentice security officers through a board-certified security
				  trainer under the following conditions:
1. The board-certified security trainer shall
				apply on board-approved application forms for approval of any online or
				non-live remote course, and provide all information requested by the
				board.
2. The curriculum must be a
				minimum of twelve hours in length and must include instruction on North Dakota
				private security requirements as listed under chapter 93, North Dakota Century
				Code chapters 12.1-05 and 43-30, and applicable North Dakota law related to
				providing private security services. The curriculum must include an outline
				listing each topic to be covered and the corresponding time allotted for that
				topic.
3. Each board-certified
				security trainer shall submit to the board as part of the application process
				the manner in which the board-certified security trainer verified completion of
				the online instruction, and that the student did participate and complete the
				online instruction course.
4. If
				the board determines that the training course application is consistent with
				this section, the board may issue a letter of approval to the board-certified
				security trainer for the online or non-live remote course that includes a
				course approval number. Any change in the application information for the
				course will require a new application and course approval by the
				board.
5. The board-certified
				security trainer shall maintain attendance records for all training conducted
				for a period of three years and shall produce such records to the board upon
				request. Upon student completion of the approved online or non-live remote
				course the board-certified security trainer shall provide the student with a
				certificate of completion that includes the board-certified security trainer's
				name, signature, date of course completion, course approval number, hours of
				instruction, and the student's name.
6. The failure of the board-certified
				security trainer to comply with this chapter may result in the revocation of
				the letter of approval and the rejection of credit for classroom instruction
				obtained from that board-approved online or non-live remote training
				course.
General Authority:
NDCC 43-30-04
Law Implemented:
NDCC
					 43-30-04
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-03 - General Rules › Section 93-02-03-02 - License fees - Proration - Refunds - Dual licensure

Current through Supplement No. 393, July, 2024
License fees for providing private investigative services and private security services may be prorated on a quarterly basis for each period the license is in effect. However, license renewals will not be issued on a prorated basis, and no refunds may be made on license fees paid. Any agency providing both private investigative services and private security services shall meet all of the requirements for licensing as a private security agency and a detective agency.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-11
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-03 - General Rules › Section 93-02-03-03 - Renewal of licenses and registrations

Current through Supplement No. 393, July, 2024
1. Licenses and registrations issued by the
				board expire on September thirtieth of each year.
2. Every individual or agency who previously
				held a license or registration issued by the board and whose license or
				registration has expired may have the same restored immediately upon payment of
				all lapsed renewal fees and any applicable late fees; provided, however, that
				not more than sixty days has elapsed since the date of expiration, and provided
				that the individual or agency has not provided private investigative or private
				security services during the time in which the license or registration was
				expired.
3. This section does not
				relieve any person from criminal prosecution for engaging in practice or
				providing services without a license as required by North Dakota Century Code
				chapter 43-30. Once a license or registration has lapsed, the individual or
				agency who held the license or registration may not provide private
				investigative or private security services until the license or registration is
				renewed or until a new license or registration is issued.
4. Any individual or agency who fails to
				renew a lapsed license or registration and who fails to pay all lapsed renewal
				fees and late fees within sixty days of the expiration date must reapply for a
				new license or registration and meet all the requirements for licensing or
				registration, including a state and nationwide criminal history record
				check.
General Authority:
NDCC 43-30-04
Law Implemented:
NDCC
					 43-30-11
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-03 - General Rules › Section 93-02-03-05 - Suspension, revocation, or refusal to renew license

Current through Supplement No. 393, July, 2024
In addition to the causes for suspension, revocation, or refusal to renew a license listed in North Dakota Century Code section  43-30-12, the board may either refuse to renew, suspend, revoke, or place on probationary status any licensee, or issue a letter of reprimand for any of the following causes:
1. Failure or refusal to furnish information required by statute, rule, or request of the board.
2. Making or causing to be made any false entry or written statement of fact in an application for license or registration, in reports, or in other written information to be filed with the board.
3. Fraud in the taking of examination for licensing.
4. Carrying a weapon in violation of any statute or rule specifically regulating the carrying of weapons by private investigators or private security personnel, or in violation of any state and federal laws.
5. Providing private investigative or private security services under a lapsed license or registration.
6. Violation of any of the rules in this article.
7. Insufficient supervision of registered employees by the employing agency, by the licensee who is responsible for agency personnel under section 93-02-01.1-03 or 93-02-02.1-03, or by any other licensee who is responsible for supervising the employee's work under section  93-02-01.1 -04 or  93-02-02.1 -04.
8. Unprofessional conduct, which includes:
a. Engaging in criminal activity;
b. Providing incompetent services; and
c. Violating the code of ethics.
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-03 - General Rules › Section 93-02-03-05.1 - Code of ethics

Current through Supplement No. 393, July, 2024
This code of ethics applies to every person licensed or registered by the board. All licensees and registered employees shall:
1. Respect the constitutional and legal rights of all people to liberty equality and justice;
2. Protect clients' property rights and promptly return all clients' property that was entrusted to them;
3. Safeguard the lives and property of those served and protect all persons against deception, intimidation, oppression, violence, and disorder;
4. Conduct operations professionally with honesty, sincerity, integrity, fidelity, morality, and good conscience and deal justly and impartially in each situation with each individual;
5. Preserve forever clients' confidence under any and all circumstances consistent with law, however, any physical evidence concerning crimes or planning for crimes must be reported to appropriate law enforcement or other authorities;
6. Protect clients' trade secrets or intellectual property rights;
7. Explain to the client's full satisfaction all applicable fees and charges and to render accurate, factual, and timely reports;
8. Counsel clients against any illegal or unethical course of action;
9. Avoid conflicts of interest between the licensee, registered employees, or their immediate family members and clients and avoid conflicts of interest between clients;
10. Avoid providing or recommending excessive services and avoid abusive billing practices, especially when a client may be emotionally distraught or unsophisticated; and
11. Refrain from excessive or grandiose advertising claims.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-12
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-03 - General Rules › Section 93-02-03-06 - Fees - Amount - Late fees

Current through Supplement No. 393, July, 2024
In addition to statutory fees, the board charges the
				  following fees:
1. An individual must
				pay a fee of one hundred dollars to take the examination to become licensed to
				provide investigative or private security services.
2. An individual must pay a fee of one
				hundred fifty dollars to receive an initial license or renew the individual's
				license to provide private investigative or private security services. In
				addition, a late fee of fifty dollars must be paid for each month the renewal
				is late, up to a maximum cumulative late fee of one hundred dollars for a late
				renewal. After this two-month time frame, a new application, including criminal
				history background checks, fees, and testing, is required.
3. An individual or entity must pay a fee of
				one hundred dollars to apply for a license to operate a private security or
				detective agency.
4. An individual
				or entity must pay a fee of three hundred dollars to receive an initial license
				or renew a license to operate a private security or detective agency. A late
				fee of one hundred dollars also must be paid for each month the renewal fee is
				late.
5. An individual must pay a
				fee of Twenty-five dollars to receive a private security training certificate.
				There is no expiration date for these certifications.
6. An individual must pay an annual fee of
				thirty dollars to receive an armed certificate. Armed certificates expire on
				September thirtieth of each year. A late fee of ten dollars also must be paid
				for each month the renewal fee is late.
7. An individual or entity must pay a fee of
				twenty dollars to obtain a duplicate license or registration.
8. An individual must pay a fee of thirty
				dollars to obtain an initial registration to provide private investigative or
				private security services. The registration shall be submitted by the licensed
				agency. An individual must pay thirty dollars for renewing registration to
				provide private investigative or private security services. A late fee of ten
				dollars also must be paid for each month the renewal is late.
9. An individual must pay a fee of four
				hundred dollars to obtain a training certification as a certified course
				instructor of the armed first responder program. An individual must pay three
				hundred dollars for renewal of a course instructor certification for the armed
				first responder program.
General Authority:
NDCC 43-30-04
Law Implemented:
NDCC
					 43-30-16
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-04 - Armed First Responder in School or Ambulance or Firefighter Crew Training Program › Section 93-02-04-01 - Certified training course application

Current through Supplement No. 393, July, 2024
The following procedures apply to all training courses for
				  which certification is requested by the board:
1. An instructor or agency seeking course
				certification shall submit an application to conduct a training course and
				certification to the board on a form provided by the board.
2. All application forms must be submitted to
				the board at least ninety days before training commences.
3. Each application must include the
				following:
a. A course description showing the
				title of the course, the name of the person or agency preparing the training
				course, the course objective, testing methods if applicable, course content,
				estimated length of course, and references;
b. Payment to the board of any fees
				established for certification of the course and instructors.
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-04 - Armed First Responder in School or Ambulance or Firefighter Crew Training Program › Section 93-02-04-02 - Approved basic training instructors

Current through Supplement No. 393, July, 2024
The board shall certify instructors for the North Dakota
				  armed first responder in school or ambulance or firefighter crew training
				  course and shall approve all course topics and curriculum prior to instruction.
				  Instructors must meet the following requirements:
1. Instructors shall possess education,
				training, and experience in the assigned subject area of instruction, and shall
				possess board-instructor certifications or North Dakota peace officer standards
				and training board instructor certifications or specialized academic
				preparation in the course subject areas.
2. Instructors shall submit to a criminal
				history records search in state and federal databases and shall provide a copy
				of the instructor-applicant's fingerprints. Instructors shall pay the fees
				associated with the searches directly to the board.
3. Instructors shall meet the same
				requirements for individuals providing private security services found in
				section 93-02-02.1-01.
4.
				Instructors shall pay any annual licensing fee set by the board.
5. Instructors shall maintain course records
				for a period of no less than three years after the date of the completion of
				the course.
General Authority:
NDCC 62.1-02-14(7)
Law Implemented:
NDCC
					 62.1-02-14(7)
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-04 - Armed First Responder in School or Ambulance or Firefighter Crew Training Program › Section 93-02-04-03 - Surety requirements

Current through Supplement No. 393, July, 2024
1. Before a course
				certification to provide armed first responder in schools or ambulance or
				firefighter crew training can be issued to any individual or agency, the
				individual or agency shall file with the board a certificate of insurance
				executed by the applicant and by an insurance company in the sum of three
				hundred thousand dollars of general liability with errors and omissions
				insurance.
2. The certificate of
				insurance must be conditioned on the faithful and honest conduct of the
				business of the applicant and the applicant's agents, employees, and
				independent contractors, and for the full protection of any person who deals
				with the applicant or the applicant's agents, employees, and independent
				contractors.
3. The certificate of
				insurance must provide that any person injured by the breach of the conditions
				of the insurance policy may bring an action on that insurance policy in the
				name of the state of North Dakota for the use of the person so injured to
				recover legal damages suffered by reason of breach of the conditions; provided,
				however, that the aggregate liability of the insurance policy for all damages
				may, in no event, exceed the sum of the insurance policy. The insurance
				underwriter may cancel the policy upon giving thirty days' notice in writing to
				the board and thereafter is relieved of liability for any breach of condition
				occurring after the effective date of the cancellation.
4. The surety requirements in this section do
				not apply to instructors employed with a North Dakota public entity, or
				agencies that are a public entity in North Dakota while performing the duties
				of that entity.
General Authority:
NDCC 62.1-02-14(7)
Law Implemented:
NDCC
					 62.1-02-14(7)
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-04 - Armed First Responder in School or Ambulance or Firefighter Crew Training Program › Section 93-02-04-04 - Successful completion of training course

Current through Supplement No. 393, July, 2024
Before any student attends a board-certified course the
				  instructors shall ensure any students have met the following requirements under
				  subsection 8 of North Dakota Century Code section 62.1-02-14 or paragraphs 1
				  and 2 of subdivision b of subsection 2 of North Dakota Century Code section
				  62.1-02-05. To successfully complete the North Dakota armed first responder in
				  school or ambulance or firefighter crew training course, applicants must
				  receive a passing score on all written and skills examinations administered by
				  approved instructors or agencies in connection with the course. Instructors
				  shall, before the commencement of the training course, notify applicants of the
				  level of performance that constitutes a passing score for each examination.
				  Upon successful completion of a board-certified course, the instructor or
				  agency, or both, shall issue a certificate of completion to each student and
				  submit a copy of each certificate of completion along with the required roster
				  to the board within fifteen days.
General Authority:
NDCC 62.1-02-14(7)
Law Implemented:
NDCC
					 62.1-02-14(7)
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-04 - Armed First Responder in School or Ambulance or Firefighter Crew Training Program › Section 93-02-04-05 - Application and course certification fees

Current through Supplement No. 393, July, 2024
1.
				The initial application fee for a certified course, along with instructors is
				four hundred dollars. Once a course is certified by the board the certification
				is valid for two years, expiring on September thirtieth of each calendar
				year.
2. Recertification of a
				certified course and instructors after the two year period is three hundred
				dollars, and is then valid for an additional two years.
3. Once a course is certified, any changes to
				the course or instructors requires a new application and fees.
General Authority:
NDCC 62.1-02-14(7)
Law Implemented:
NDCC
					 62.1-02-14(7)
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-02 - Jails [Repealed]

Current through Supplement No. 393, July, 2024
The Department of Corrections and Rehabilitation is not an
			 administrative agency, for purposes of jail rules, under North Dakota Century
			 Code Section
			 28-32-01. The department has
			 requested removal of the rules in
			 Article
			 94-02 from the
			 Administrative Code because the rules have been superseded by more recent rules
			 adopted by the department to govern correctional facilities. The more recent
			 rules are not published in the Administrative Code.
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-01 - General Administration › Section 94-03-01-01 - Organization and functions

Current through Supplement No. 393, July, 2024
1.
History.
The Uniform Crime
				Victims Reparation Act was enacted in 1975 and was codified in North Dakota
				Century Code chapter 65-13 under the administration of the workmen's
				compensation bureau. In 1993 the Legislative Assembly transferred the
				administration of the crime victims reparations to the division of adult
				services of the department of corrections and rehabilitation and was codified
				in North Dakota Century Code chapter 54-23.4. In 1995 the Legislative Assembly
				renamed the Crime Victims Reparations Act the Crime Victims Compensation Act.
				The Crime Victims Compensation Act provides compensation and assistance to
				innocent victims who have suffered bodily injury or death caused by criminally
				injurious conduct, or to their dependents.
2.
Functions.
The director of
				administrative services of the division of adult services supervises the
				administration of the Crime Victims Compensation Act. The crime victims
				compensation fund administrator manages the crime victims compensation fund and
				all claims for compensation.
3.
Inquiries.
All inquiries, requests for records, and correspondence
				is to be addressed to the crime victims compensation fund administrator as
				follows:
Crime Victims Compensation Fund
North Dakota Department of Corrections and
				  Rehabilitation
P. O. Box 1898
Bismarck, ND 58502-1898
General Authority:
NDCC 28-32-02,
					 54-23.4-04
Law Implemented:
NDCC
					 28-32-02
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-03 - Application For Compensation › Section 94-03-03-01 - Reporting criminally injurious conduct to law enforcement

Current through Supplement No. 393, July, 2024
1. The division may
				not award compensation unless the criminally injurious conduct resulting in
				economic loss was reported to a law enforcement officer within ninety-six hours
				after its occurrence.
2. The
				division may find there was good cause for failure to report criminally
				injurious conduct to law enforcement within ninety-six hours. Good cause
				includes:
a. Evidence, including medical
				records or verifiable reports from third parties, which substantiate the
				applicant's health or safety would have been jeopardized if the criminally
				injurious conduct had been reported in a timely manner.
b. Law enforcement substantiates there was a
				fear of retaliation.
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-03 - Application For Compensation › Section 94-03-03-02 - Application requirements

Current through Supplement No. 393, July, 2024
1. A completed application for an award of
				compensation must be timely submitted to the division within one year from the
				date the criminally injurious conduct was reported to a law enforcement
				officer. The division may extend the time to submit a completed application in
				the interests of justice. The interests of justice include:
a. The applicant is a minor.
b. The applicant's physical and psychological
				condition substantially contributed to the applicant's inability to timely
				submit a completed application.
c.
				The interests of justice do not include attorney error or mistake or lack of
				knowledge of the Crime Victims Compensation Act.
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-03 - Application For Compensation › Section 94-03-03-03 - Eligibility requirements

Current through Supplement No. 393, July, 2024
Eligibility for crime victims compensation benefits includes
				  compliance with the requirements under North Dakota Century Code section
				  54-23.4-06 and the following criteria:
1. Whether claimant complied with reasonable
				requests from law enforcement personnel, including giving a statement to
				police, submitting to followup interviews by police, submitting requested
				evidence, viewing photographs or a line-up of suspects, meeting with
				prosecutors, and appearing and testifying in court proceedings. If claimant
				fails to cooperate with law enforcement, the division may deny the
				claim.
2. Whether claimant
				cooperated with the division during the application process, with requests for
				supplemental information, and with requests for information for the duration of
				the open claim, including requests for supplemental medical and psychological
				and treatment evaluations and information. If claimant fails to cooperate with
				the division, the division may deny the claim.
3. Whether the victim provoked or instigated
				the incident causing injury or death to the victim.
4. Whether the victim assisted in,
				facilitated, attempted to, or committed a criminal act at the time of injury or
				death of the victim.
General Authority:
NDCC 54-23.4-04
Law Implemented:
NDCC 12.1-41, 54-23.4-04,
					 54-23.4-06, 54-23.4-08
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-03 - Application For Compensation › Section 94-03-03-04 - Ineligible claims

Current through Supplement No. 393, July, 2024
Claims ineligible for compensation include:
1. Claims subject to the limitations in North
				Dakota Century Code sections 54-23.4-03, 54-23.4-06, and 54-23.4-10.
2. Claims arising from self-inflicted
				injuries, including the accidental discharge of a firearm.
3. Obscene telephone calls.
4. Costs and fees incurred in connection with
				a civil action except as authorized in North Dakota Century Code section
				54-23.4-12.
5. Claims for property
				loss or damage.
6. Claims for
				expenses incurred as a result of crimes committed against an inmate in the
				legal or physical custody of a correctional facility or the department of
				corrections and rehabilitation.
7.
				A claim by, or on behalf of, an inmate convicted of a crime and injured while
				in the legal or physical custody of a correctional facility or the department
				of corrections and rehabilitation.
8. The claimant, or an individual on whose
				behalf a claim has been submitted, was not in compliance with North Dakota
				statute, motor vehicle liability, and financial responsibility requirements,
				and whose conduct contributed to a motor vehicle crash.
General Authority:
NDCC 54-23.4-04
Law Implemented:
NDCC 54-23.4-03, 54-23.4-06,
					 54-23.4-10, 54-23.4-12
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-03 - Application For Compensation › Section 94-03-03-05 - Contributory misconduct and actions affecting awards

Current through Supplement No. 393, July, 2024
The division shall deny compensation if the claimant's
				  conduct contributed substantially to the incident. To determine whether
				  substantial contributory misconduct exists, the division shall consider all
				  available information, including the claimant's age; the claimant's account of
				  the crime; law enforcement reports; witness statements; medical, laboratory,
				  and toxicology reports; and court transcripts and statements. The conduct of
				  the claimant is deemed to have contributed substantially to the injury if the
				  claimant did one of the following:
1.
				Initiated, provoked, or prolonged a verbal or physical confrontation with the
				offender.
2. Participated in a
				voluntary or illegal act casually related to the victim's injuries.
3. Acted in a manner that placed the claimant
				into a situation likely to result in injury.
4. Self-inflicted the injuries.
5. Knowingly and voluntarily entered into a
				motor vehicle operated by an individual while under the influence of alcohol or
				drugs, or both, in violation of North Dakota Century Code section 39-08-01 or
				equivalent ordinance or in violation of North Dakota Century Code section
				39-08-01.2.
6. Sought retaliation
				against the offender.
7. Knowingly
				and voluntarily entered into a physical altercation.
8. Was charged with a criminal offense as a
				result of the criminally injurious conduct.
9. Was under the influence of an alcoholic
				beverage or controlled substance, or both, and the division determines the
				victim's intoxication on account of alcoholic beverages, controlled substances,
				or both, were a factor contributing to the criminally injurious
				conduct.
10. Contributory
				misconduct does not include victims of human trafficking as defined in North
				Dakota Century Code chapter 12.1-41.
General Authority:
NDCC 54-23.4-04
Law Implemented:
NDCC 12.1-41, 54-23.4-06,
					 54-23.4-12
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-03 - Application For Compensation › Section 94-03-03-06 - Award limitations

Current through Supplement No. 393, July, 2024
1.
				The crime victims compensation fund is a secondary source for payment for
				economic losses not paid by other collateral sources, including disability
				benefits; employer-paid leave, including sick leave or annual leave; health
				insurance, including medical, vision, and dental benefits; life insurance;
				Medicare; medical assistance or Medicaid; motor vehicle insurance; personal and
				charity fundraising, including online fundraising; restitution; social security
				benefits and social security disability benefits; veterans' benefits; workforce
				safety and insurance; and any other state, county, or tribal public assistance,
				including food stamps.
a. The division shall
				reduce or deny compensation for economic loss when payment for economic loss
				has been provided by collateral sources. Upon receipt of evidence of payment
				from collateral sources, the division shall calculate the amount of the
				reduction by subtracting the total amount received from the collateral sources
				from the award limitations.
b. The
				division may not pay for any economic loss when a collateral source has paid
				the maximum amount of the benefit authorized under North Dakota Century Code
				subdivision a of subsection 7 of section 54-23.4-01, subsection 7 of section
				54-23.4-06, and subsection 8 of section 54-23.4-06, except as provided in
				subsection 8 of section 54-23.4-06 for criminally injurious conduct that
				occurred outside the boundaries of the state of North Dakota.
c. The division may not pay compensation when
				a collateral source is available to pay.