reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-43 - Compliance testing requirements for cannabinoid concentrates

Current through Supplement No. 393, July, 2024
1. A manufacturing facility shall have every
				process lot of cannabinoid concentrate, to be packaged in a container for
				transfer to a dispensary, tested for the following:
a. Pesticides and degradation compounds in
				accordance with section 33-44-01-47.
b. Microbiological contaminants and
				mycotoxins in accordance with section 33-44-01-48.
c. Heavy metals in accordance with section
				33-44-01-48.1.
d. Solvents in
				accordance with section 33-44-01-49.
e. Concentration in accordance with section
				33-44-01-51.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-44 - Compliance testing requirements for medical cannabinoid products

Current through Supplement No. 393, July, 2024
A manufacturing facility shall have every process lot of a
				  medical cannabinoid product, to be packaged in a container for transfer to a
				  dispensary, tested for the following:
1. Pesticides and degradation compounds in
				accordance with section 33-44-01-47.
2. Microbiological contaminants and
				mycotoxins in accordance with section 33-44-01-48.
3. Heavy metals in accordance with section
				33-44-01-48.1
4. Solvents in
				accordance with section 33-44-01-49.
5. Concentration in accordance with section
				33-44-01-51.
General Authority:
NDCC 19-24.1-36
Law Implemented:
NDCC 19-24.1-36
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-44.1 - Terpene analysis

Current through Supplement No. 393, July, 2024
Upon a manufacturing facility's request, a terpene analysis
				  may be performed by a laboratory selected by the department as described in
				  section 33-44-01-36. The manufacturing facility shall pay all costs associated
				  with a terpene analysis. A manufacturing facility may include terpenoid profile
				  information on the label of a container holding dried leaves and flowers, a
				  cannabinoid concentrate, or medical cannabinoid product only when a terpene
				  analysis is performed under this section.
General Authority:
NDCC 19-24.1-36
Law Implemented:
NDCC 19-24.1-36
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-45 - Batch requirements for compliance testing

Current through Supplement No. 393, July, 2024
1. For compliance
				testing of dried leaves and flowers, a manufacturing facility shall separate
				each harvest lot into no larger than ten-pound batches.
2. For compliance testing of cannabinoid
				concentrates, a process lot is considered a batch.
3. For compliance testing of medical
				cannabinoid products, a manufacturing facility shall separate process lots into
				not larger than five thousand unit of sale batches.
4. A manufacturing facility shall assign each
				batch a unique batch number and that unique batch number must be:
a. Documented and maintained in the
				manufacturing facilities records, including the compassion center's inventory
				control system;
b. Provided to the
				laboratory agent responsible for taking samples; and
c. Included on the batch label as required in
				section 33-44-01-46.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-46 - Manufacturing facility requirements for labeling, storing, and securing usable marijuana batches

Current through Supplement No. 393, July, 2024
When samples are taken from a harvest or process lot batch, a
				  manufacturing facility shall:
1. Store
				and secure the batch in a manner that prevents the product from being tampered
				with or transferred prior to required tests being completed.
2. Be able to easily locate a batch stored
				and secured under subsection 2 and provide that location to the department or a
				laboratory upon request.
General Authority:
NDCC 19-24.1-36
Law Implemented:
NDCC
					 19-24.1-36
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-47 - Standards for pesticides and degradation compounds compliance testing

Current through Supplement No. 393, July, 2024
1. A batch fails
				pesticide and degradation compound testing if a sample does not satisfy the
				most stringent acceptable standard for a pesticide chemical residue in any food
				item as set forth in subpart C of the United States environmental protection
				agency's regulations for Tolerances and Exemptions for Pesticide Chemical
				Residues in Food, 40 CFR 180, in effect as of January 1, 2018. A batch of dried
				leaves and flowers failing pesticide and degradation compound testing is
				considered affected or contaminated.
2. A degradation compound identified in
				testing must be reported to and reviewed by the department. The department, in
				consultation with the laboratory, shall determine whether the batch is
				considered to be affected or contaminated and fails pesticide and degradation
				testing.
3. If the samples do not
				pass testing standards for pesticides and degradation compounds, the
				manufacturing facility shall comply with section 33-44-01-52.
General Authority:
NDCC 19-24.1-36
Law Implemented:
NDCC
					 19-24.1-36
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-48 - Standards for microbiological contaminants and mycotoxin compliance testing

Current through Supplement No. 393, July, 2024
1. Usable marijuana
				required to be tested for microbiological contaminants under sections
				33-44-01-42, 33-44-01-43, and 33-44-01-44 must be sampled using appropriate
				aseptic techniques.
2. For purposes
				of the microbiological test, a usable marijuana sample is deemed to have passed
				if it meets the following standards for microbial and fungal limits in colony
				forming units per gram (CFU/g):
Concentrates
Medical Cannabinoid Products
Total viable aerobic bacteria
104 CFU/g
105 CFU/g
Total yeast and mold
103 CFU/g
104 CFU/g
Total coliforms
102 CFU/g
103 CFU/g
Bile-tolerant gram-negative bacteria
102 CFU/g
103 C FU/g
Escherichia coli (pathogenic strains) and
								salmonella species
Not detected in one gram
Not detected in one gram
3.
				For purposes of the mycotoxin test, a usable marijuana sample is deemed to have
				passed if it meets the following standards:
a.
				The total of aflatoxin B1, B2, G1, and G2 is less than 20 µg/kg of
				substance; and
b. Ochratoxin A is
				less than 20 µg/kg of substance.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-48-1 - Standards for heavy metals compliance testing

Current through Supplement No. 393, July, 2024
A batch fails heavy metals testing if the presence of one of
				  the following metals, at a minimum, is above the following listed limit:
Parts per Million (ppm)
Inorganic arsenic
0.4
Cadmium
0.3
Lead
1.0
Mercury
0.2
General Authority:
NDCC 19-24.1-36
Law Implemented:
NDCC 19-24.1-36
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-49 - Standards for solvents compliance testing

Current through Supplement No. 393, July, 2024
1. A batch fails
				solvent testing if the presence of one of the following solvents, at a minimum,
				is above the action level listed in the published International Conference on
				Harmonization of Technical Requirements for Pharmaceuticals for Human Use
				guidance for industry Impurities: Residual Solvents Q3C(R6) in effect as of
				January 1, 2018:
a. 1,4-Dioxane.
b. 2-Butanol.
c. 2-Ethoxyethanol.
d. 2-Propanol (IPA).
e. Acetone.
f. Acetonitrile.
g. Benzene.
h. Cumene.
i. Cyclohexane.
j. Dichloromethane.
k. Ethyl acetate.
l. Ethyl ether.
m. Ethylene glycol.
n. Heptane.
o. Hexanes.
p. Isopropyl acetate.
q. Methanol.
r. Pentanes.
s. Tetrahydrofuran.
t. Toluene.
u. Xylenes.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-50 - Standards for water activity and moisture content compliance testing

Current through Supplement No. 393, July, 2024
1. Dried leaves and
				flowers to be packaged in a container for transfer to a dispensary, must be
				tested for:
a. Water activity; and
b. Moisture content.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-51 - Standards for concentration compliance testing

Current through Supplement No. 393, July, 2024
1. Usable marijuana concentration testing
				must include:
a. Tetrahydrocannabinol
				(THC).
b. Tetrahydrocannabinolic
				acid (THCA).
c. Cannabidiol
				(CBD).
d. Cannabidiolic acid
				(CBDA).
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-52 - Failed test samples

Current through Supplement No. 393, July, 2024
1. If a sample
				fails any test, the manufacturing facility may submit a written request to the
				department for a reanalysis. The request must be received by the department
				within seven calendar days from the date the laboratory sent notice of the
				failed test to the manufacturing facility. The department, in consultation with
				the laboratory, shall determine whether a reanalysis will be performed on the
				samples held by the laboratory or a new sample will be selected from the batch.
				The reanalysis must be completed by the laboratory within thirty days from the
				date the reanalysis request was received.
2. If a sample fails a test or a reanalysis
				under subsection 1:
a. The batch may be
				remediated or sterilized in accordance with this section; or
b. If the batch is not or cannot be
				remediated or sterilized under this section, the batch must be disposed of in
				accordance with section
				33-44-01-15.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-53 - Tentative identification of compounds

Current through Supplement No. 393, July, 2024
1. A laboratory
				shall report tentatively identified compounds to the manufacturing facility and
				the department.
2. Following the
				receipt of a tentatively identified compounds report, the department may
				initiate an investigation. The investigation may include requiring a sample be
				selected of marijuana or usable marijuana of a manufacturing facility. Testing
				of samples may include testing for analytes that are not required by these
				rules. Costs of tests performed under this section must be paid by the
				manufacturing facility.
General Authority:
NDCC 19-24.1-36
Law Implemented:
NDCC
					 19-24.1-36
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-54 - Random testing

Current through Supplement No. 393, July, 2024
The department may require, at any time, a manufacturing
				  facility to permit sampling of marijuana, usable marijuana, or medical
				  marijuana waste to determine whether a manufacturing facility is in compliance
				  with North Dakota Century Code chapter 19-24.1 and these rules. Costs of tests
				  performed under this section must be paid by the manufacturing
				  facility.
General Authority:
NDCC 19-24.1-36
Law Implemented:
NDCC
					 19-24.1-36
North Dakota Administrative Code › Title 35 - Higher Education, Board of

Current through Supplement No. 393, July, 2024
The Board of Higher Education is not an administrative agency as
		  defined by North Dakota Century Code section   28-32-01. Therefore, the board is
		  not subject to the Administrative Agencies Practice Act (North Dakota Century
		  Code chapter   28-32) and any rules the board may have adopted are not published
		  in the North Dakota Administrative Code.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-01 - General Administration › Chapter 37-01-01 - Organization of Department of Transportation › Section 37-01-01-01 - Organization and functions of department of transportation

Current through Supplement No. 393, July, 2024
1.
Organization of the department.
a. History. The state highway department was created, in its organizational concept, by chapter 159 of the 1927 Session Laws. Extensive changes in duties and responsibilities were made by the enactment of chapter 177 of the 1953 Session Laws and various amendments made thereafter. On January 1, 1990, the highway department became the department of transportation (chapter 72 of the 1989 Session Laws).
b. Department of transportation responsibilities. The general responsibilities of the department of transportation are predicated upon North Dakota Century Code titles 24 and 39, title 23 of the United States Code, and title 23 of the Code of Federal Regulations. Under North Dakota Century Code title 24, the department of transportation is responsible for the planning, construction, maintenance, and protection of the state highway system. Additional responsibilities are found under various chapters of North Dakota Century Code title 39 and relate to the supervision of the driver's licensing process in the state and regulation of the use of the state highway system by recreational vehicles, the regulation of outdoor advertising adjacent to state highways, and the prescribing of uniform standards for traffic signs.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-02 - Slow-Moving Vehicle Identification Emblem › Chapter 37-02-01 - Design and Specification › Section 37-02-01-01 - Facing material

Current through Supplement No. 393, July, 2024
The identification emblem (see Figure 1) consists of a fluorescent yellow-orange triangle with a dark red reflective border. The yellow-orange fluorescent triangle is for daylight identification. The reflective border defines the shape of the fluorescent color in daylight and becomes a hollow red triangle in the path of motor vehicle headlights at night.
General Authority:
NDCC 39-21-50
Law Implemented:
NDCC 39-21-50
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-02 - Slow-Moving Vehicle Identification Emblem › Chapter 37-02-01 - Design and Specification › Section 37-02-01-02 - Visibility

Current through Supplement No. 393, July, 2024
The emblem shall be entirely visible in daylight and at night from all distances between six hundred feet and one hundred feet [182.88 meters to 30.48 meters] from the rear when directly in front of lawful upper beam of headlamps.
General Authority:
NDCC 39-21-50
Law Implemented:
NDCC 39-21-50
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-02 - Slow-Moving Vehicle Identification Emblem › Chapter 37-02-01 - Design and Specification › Section 37-02-01-03 - Color values

Current through Supplement No. 393, July, 2024
The spectrophotometric color values of the yellow-orange fluorescent material shall have a dominant wave length of five hundred ninety to six hundred ten millimicrons and a purity of ninety-eight percent before test. After the durability test under section 37-02-01-08, the dominant wave length of the fluorescent material shall not change more than ten percent.
General Authority:
NDCC 39-21-50
Law Implemented:
NDCC 39-21-50
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-02 - Slow-Moving Vehicle Identification Emblem › Chapter 37-02-01 - Design and Specification › Section 37-02-01-04 - Minimum reflective values

Current through Supplement No. 393, July, 2024
The reflective material shall have minimum intensity values at each of the angles listed in this section. After the durability test under section 37-02-01-08, the minimum reflective intensity values for the reflective material shall not change more than twenty percent from the values specified in this section.
MINIMUM REFLECTIVE INTENSITY VALUES, R *
Divergence Angle, degrees
Incidence Angle, degrees
Reflective Intensity, R
0.2
0
10
0.2
15
7
0.2
30
5
0.5
0
5
0.5
15
4
0.5
30
2
* Measurements shall be conducted in accordance with photometric testing procedures for reflex-reflectors as specified in Society of Automotive Engineers Standard, SAE J594, Reflex Reflectors, and using fifty, plus or minus five square inches [322.6, square centimeters] of reflective material. The maximum dimension of the test surface shall not be greater than one and one-half times the minimum dimension. The reflective intensity (R) is computed from the equation.
R = (Lr) (d2)/(Ls) (A)
Where:
R = reflective intensity, candlepower per incident foot-candle per square foot.
Lr = illumination incident upon receiver at observation point foot-candles
Ls = illumination incident upon a plane perpendicular to the incident ray at the test specimen position, foot-candles.
d = distance from test specimen to source of illumination one hundred feet (specified in SAE J594).
A = area of test surface, square feet.
General Authority:
NDCC 39-21-50
Law Implemented:
NDCC 39-21-50
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-02 - Slow-Moving Vehicle Identification Emblem › Chapter 37-02-01 - Design and Specification › Section 37-02-01-05 - Material strength

Current through Supplement No. 393, July, 2024
The reflective and fluorescent materials shall be tough, flexible, and of sufficient thickness and strength to meet the requirements of sections 37-02-01-02 through 37-02-01-10. After the durability test under section 37-02-01-08, the fluorescent and reflective material shall show no appreciable discoloration, cracking, crazing, blistering, loss of durable bond, or dimensional change.
General Authority:
NDCC 39-21-50
Law Implemented:
NDCC 39-21-50
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-02 - Slow-Moving Vehicle Identification Emblem › Chapter 37-02-01 - Design and Specification › Section 37-02-01-06 - Backing material

Current through Supplement No. 393, July, 2024
Backing material for portable emblems shall be equivalent to four-hundredths of an inch [1.016 millimeters] minimum thickness aluminum, 22 gage [.03 inches or 0.762 millimeters] minimum thickness mill-galvanized or coated sheet steel with the surface clean and receptive to a durable bond. The backing material shall be free of burrs. Any material equal to or superior to these requirements may be utilized.
General Authority:
NDCC 39-21-50
Law Implemented:
NDCC 39-21-50
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-02 - Slow-Moving Vehicle Identification Emblem › Chapter 37-02-01 - Design and Specification › Section 37-02-01-07 - Testing standards

Current through Supplement No. 393, July, 2024
The emblem shall be tested in conformance with the following sections from SAE J575, Tests for Motor Vehicle Lighting Devices and Components:
Section B - Samples for Tests
Section D - Laboratory Facilities
Section E - Vibration Test
Section H - Corrosion Test (pertains to face of emblem only)
General Authority:
NDCC 39-21-50
Law Implemented:
NDCC 39-21-50
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-02 - Slow-Moving Vehicle Identification Emblem › Chapter 37-02-01 - Design and Specification › Section 37-02-01-08 - Durability test

Current through Supplement No. 393, July, 2024
Samples shall be exposed to the sun at an angle of forty-five degrees to horizontal and facing south per American Society for Testing and Materials, ASTM D 1014, Method of Conducting Exterior Exposure Tests of Paints on Steel.
DURABILITY TEST PERIODS
Location
Minimum Test Fluorescent
Period, months: Reflective
Outside in Midwest or
12
24
outside in Miami, Florida
6
12
General Authority:
NDCC 39-21-50
Law Implemented:
NDCC 39-21-50
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-02 - Slow-Moving Vehicle Identification Emblem › Chapter 37-02-01 - Design and Specification › Section 37-02-01-09 - Replacement of fluorescent material

Current through Supplement No. 393, July, 2024
The yellow-orange fluorescent material in the center of the emblem shall be replaced when not visible in normal sunlight for a distance of six hundred feet [182.88 meters]. The red fluorescent material shall be replaced when not visible at night for a distance of six hundred feet [182.88 meters] when directly in front of lawful upper beam of headlight.
General Authority:
NDCC 39-21-50
Law Implemented:
NDCC 39-21-50
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-02 - Slow-Moving Vehicle Identification Emblem › Chapter 37-02-01 - Design and Specification › Section 37-02-01-10 - Strength test

Current through Supplement No. 393, July, 2024
Each test sample shall be dropped from a height of five feet [1.53 meters] to a smooth, hard surface equivalent to rigid metal or concrete. Each test sample shall be submitted to three drop tests: corner drop, edge drop, and flat drop. Failure shall be considered to have occurred when the emblem will no longer meet requirements in section 37-02-01-03.
General Authority:
NDCC 39-21-50
Law Implemented:
NDCC 39-21-50
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-02 - Slow-Moving Vehicle Identification Emblem › Chapter 37-02-02 - Mounting and Use › Section 37-02-02-01 - Mounting

Current through Supplement No. 393, July, 2024
The emblem shall be mounted point up (see Figure 1) in a plane perpendicular to the direction of travel. It shall be placed centrally at the rear of the vehicle, unobscured, and two to six feet [1 to 1.83 meters] above the ground measured from the lower edge of the emblem. It may be permanently attached to equipment when practical. Portable emblems shall be mounted by using bracket sockets and identification emblem brackets specified in an American Society of Agricultural Engineers Standard, ASAE 5277, Mounting Brackets and Socket for Warning Lamp and Slow-Moving Vehicle (SMV) Identification Emblem.
General Authority:
NDCC 39-21-50
Law Implemented:
NDCC 39-21-50
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-02 - Slow-Moving Vehicle Identification Emblem › Chapter 37-02-02 - Mounting and Use › Section 37-02-02-02 - Use of emblem

Current through Supplement No. 393, July, 2024
The emblem shall not replace such warning devices as tail lamps, reflectors, flashing lights, or warning flags and is not to be used as a clearance marker for wide equipment.
General Authority:
NDCC 39-21-50
Law Implemented:
NDCC 39-21-50
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North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-01 - General Requirements of Licensing › Section 37-03-01-02 - Disclosure of mental or medical information

Current through Supplement No. 393, July, 2024
The director shall include, as a part of the application for an original operator's license or any renewal thereof or an instruction permit, questions as to the existence of medical or mental conditions which may impair the ability of the person to operate a motor vehicle safely. If the answers to such questions indicate the existence of any medical or mental disability which the director believes may inhibit or prohibit the safe operation of a motor vehicle by such person, the director may require an examination of such person by a licensed physician as a prerequisite to the issuance of an operator's license or instructional permit. Such examination or examinations shall be completed on a form furnished by the director. The expense of such examination shall be borne by the person whose fitness to operate a motor vehicle safely is in question.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-06-03, 39-06-07, 39-06-17
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-01 - General Requirements of Licensing › Section 37-03-01-04 - Licensee to report physical impairment

Current through Supplement No. 393, July, 2024
Any licensee who suffers permanent loss of use of a hand, arm, foot, leg, or eye shall make a report thereof to the director before operating any motor vehicle on the highways in this state. Except as provided in North Dakota Century Code section 39-08-21, the driver of a commercial class A, B, or C motor vehicle shall comply with the federal motor carrier regulations, pursuant to 49 CFR section 391.41 paragraphs (a), and (b)(1) and (b)(2). The director may require an examination pursuant to the provisions of section 37-03-01-05.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-06-14(4)
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-01 - General Requirements of Licensing › Section 37-03-01-05 - Operators not to be licensed - Exceptions and requirements

Current through Supplement No. 393, July, 2024
1. The privilege of holding a motor vehicle
				operator's license shall be denied to any person who has experienced
				convulsions, seizures, blackouts or fainting spells. The denial shall occur at
				the time of application, pursuant to North Dakota Century Code section
				39-06-03, or through license
				suspension, pursuant to North Dakota Century Code sections
				39-06-24,
				39-06-32, and
				39-06-34.
2. A person who has experienced the episodes
				described in subsection 1 may be issued a restricted operator's license or
				permit pursuant to North Dakota Century Code sections
				39-06-06 and
				39-06-17, if:
a. The person has been free of the episodes
				for at least three consecutive months and submits a statement to that effect to
				the director; and
b. The person
				submits to the director a written certification from the person's treating
				physician indicating that:
(1) The condition
				causing the episodes is adequately controlled;
(2) The person has been free of episodes for
				at least three months; and
(3)
				Operation of a motor vehicle by the person will not be inimical to public
				safety or welfare.
Every permit or license issued under this subsection may be
				  periodically reviewed by the director until the person has been free of
				  episodes for at least six months.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-02 - Habitual Drunkard and Habitual Drug User › Section 37-03-02-04 - Inimical operator - Determination and return of privileges

Current through Supplement No. 393, July, 2024
The director shall have good cause to believe that a person is inimical to public safety or welfare if that person has demonstrated a course of conduct in the operation of a motor vehicle through a conviction or convictions of traffic offenses or admissions and adjudications, evincing such hazard; or has a physical or mental disability which may inhibit or prohibit the safe operation of a motor vehicle. In determining whether a person is inimical to the public safety or welfare in the operation of a motor vehicle, the director will consider at a minimum the type of conviction, convictions, admissions, or adjudications; the number of convictions, admissions, or adjudications; the total number of points assessed against the driving record of the operator during the preceding three years; whether the events giving rise to the charge that lead to the conviction, admission, or adjudication resulted in death or serious personal injury, requiring professional medical care, or serious property damage. The period of suspension shall be until the person can show, to the director's satisfaction, that the person's driving behavior has improved. The director may allow temporary driving privileges for school or work purposes or reinstatement of driving privileges upon a showing of all of the following:
1. That the person has not been convicted of a traffic offense for a period of at least the length of suspension.
2. Letters of recommendation submitted from the person's employer, citizens in the community, and law enforcement advising of the person's conduct and driving behavior for the past two years.
3. Successful completion of a defensive driving course approved by the director.
4. That the person has liability insurance required by North Dakota Century Code section 39-08-20.
5. Payment of the reinstatement fee required by North Dakota Century Code section 39-06-35.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-06-03, 39-06-32
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-03 - Suspension, Revocation, and Restoration of Drivers Licenses › Section 37-03-03-01 - Suspension of license on incompetence - Grounds

Current through Supplement No. 393, July, 2024
The director may suspend a license or permit on the basis that a person is incompetent to drive a motor vehicle, if the director has determined any of the following:
1. A person is a habitual drunkard (section 37-03-02-01).
2. A person is a habitual user of narcotic drugs (section 37-03-02-02).
3. A person is a habitual user of drugs other than narcotic drugs (section 37-03-02-03).
4. A person is inimical to the public safety or welfare (section 37-03-02-04).
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-06-03, 39-06-32
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-03 - Suspension, Revocation, and Restoration of Drivers Licenses › Section 37-03-03-02 - Examination of licensee - Grounds - Revocation, suspension, or restriction of driving privileges

Current through Supplement No. 393, July, 2024
If the director has good cause to believe that a licensee is physically or mentally incompetent to safely operate a motor vehicle, or otherwise not qualified to be licensed, the director may upon written notice of at least five days require such licensee to submit to such physical, mental, or driver's examination which the director may deem necessary to determine such licensee's fitness to safely operate a motor vehicle upon the highways of this state. The director may require physical or mental examinations by licensed medical doctors or psychiatrists and a report thereof to be submitted to the director. Expenses of such examinations shall be borne by the licensee whose fitness to safely operate a motor vehicle is in question. If the director determines from the results of such examinations that such licensee is unfit to safely operate a motor vehicle, the director may suspend or revoke a licensee's privileges to operate a motor vehicle in this state, or may issue a license subject to such restrictions as are authorized to be imposed by North Dakota Century Code section 39-06-17. Refusal or neglect of the licensee to submit to such examination shall be grounds for license suspension or revocation.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-06-32
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-03 - Suspension, Revocation, and Restoration of Drivers Licenses › Section 37-03-03-04 - Restoration of revoked driving privileges

Current through Supplement No. 393, July, 2024
Any person whose driving privileges were revoked shall be treated as a new driver. Such persons shall be required to contact an office of the designated agency or body administering driver's license tests and pass all examinations before a license will be issued.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-06-36
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-03 - Suspension, Revocation, and Restoration of Drivers Licenses › Section 37-03-03-05 - Suspension of license for point violation - Notice - Hearing

Current through Supplement No. 393, July, 2024
When the director has good cause to believe that a licensee has been convicted of a traffic offense or there has been an official determination that a traffic violation has been committed, the director shall enter the proper number of points on the driving record of the licensee based on the schedule contained in subsection 3 of North Dakota Century Code section 39-06.1-10. When the driving record of the licensee indicates a point total of twelve or more, or when the licensee is convicted of a violation of North Dakota Century Code section 39-08-01, the director shall send to said licensee a notice of intention to suspend license and opportunity for hearing.
1. If the notice results from a point total of twelve or more, the notice shall specify the number of points assessed against the driving record of the licensee, the number of days of suspension based on seven days for each point over eleven and advise the licensee that the licensee has ten days from the date of said notice to make a written request for a hearing on the matter.
2. If the notice results from a violation of North Dakota Century Code section 39-08-01, the notice shall specify the number of days of suspension based on subsection 7 of North Dakota Century Code section 39-06.1-10 and advise the licensee that the licensee has ten days from the date of said notice to make a written request for a hearing on the matter.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-06.1-10
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-03 - Suspension, Revocation, and Restoration of Drivers Licenses › Section 37-03-03-06 - Notice of hearing - Matters considered at hearing

Current through Supplement No. 393, July, 2024
If the licensee makes a written request for a hearing as specified in section 37-03-03-05, the director shall send a notice of hearing to the licensee specifying the time, date, and place for such hearing. The notice shall further specify that the matters considered at the hearing will be confined to the following:
1. If the licensee requests a hearing based on a point total of twelve or more:
a. Whether the proper number of points have been assigned to the convictions, adjudications, or admissions of the licensee;
b. Whether the proper period of suspension has been computed based upon the number of points assigned against the driving record of the licensee;
c. Whether there was any failure to reduce the point total on the licensee's driving record; or
d. Any other material matter relating to the suspension of the license deemed appropriate by the licensee.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-03 - Suspension, Revocation, and Restoration of Drivers Licenses › Section 37-03-03-09 - Hearings prior to suspension or revocation for alcohol offenses

Current through Supplement No. 393, July, 2024
Hearings authorized under North Dakota Century Code section 39-20-05 shall be scheduled by the hearing officer assigned to the particular case, by sending notice to the licensee, or the licensee's counsel, if any. The date, time, and place of the hearing shall be established by the hearing officer as workload permits. The scheduled date, time, and place for hearing may be changed only with the permission of the hearing officer, bearing in mind the time constraints provided by North Dakota Century Code section 39-20-05 for holding the hearing. Rescheduling will be allowed only for the most compelling reasons and scheduling conflicts of the licensee or counsel will not be sufficient cause to reschedule a hearing at a time beyond that provided by law.
General Authority: NDCC 28-32-03
Law Implemented: NDCC 39-20-05
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-03 - Suspension, Revocation, and Restoration of Drivers Licenses › Section 37-03-03-10 - Temporary operator's permit

Current through Supplement No. 393, July, 2024
If the decision of an administrative hearing officer at the conclusion of a hearing is that a person's operator's license or privilege be revoked or suspended for refusing a blood-alcohol test or testing at least eight one-hundredths of one percent by weight of alcohol, the hearing officer, if the conditions warrant, may issue a temporary operator's permit on a form provided therefor, extending operating privileges for not more than four hours from the time the decision is announced after the hearing, to allow the person to return to the person's home.
Both the temporary operator's permit provided by this section, and the one provided by North Dakota Century Code chapter 39-20, to be issued by an arresting officer, are valid only if accompanied by the licensee's copy of the uniform traffic complaint and summons (traffic citation), if any, issued by the arresting officer.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-20-05
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-03 - Suspension, Revocation, and Restoration of Drivers Licenses › Section 37-03-03-11 - Notice of alcohol addiction treatment - Procedure

Current through Supplement No. 393, July, 2024
The notice required by North Dakota Century Code section 39-06.1-10 relating to alcohol addiction treatment will inform the person of the requirements for completing alcohol addiction treatment found in North Dakota Century Code section 39-06.1-10 and will require that the addiction counselor at the licensed addiction treatment facility provide prompt written notification to the director of the enrollment of the person in the treatment program, and of the person's completion of the program or the person's failure to complete the program.
It is the person's responsibility to ensure that the appropriate addiction counselor makes the prompt written notification of enrollment required by this section.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-06.1-10
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-03 - Suspension, Revocation, and Restoration of Drivers Licenses › Section 37-03-03-12 - Notice of intention to revoke, suspend, or deny license - Law enforcement officer as agent

Current through Supplement No. 393, July, 2024
The temporary operator's perm it issued by the law enforcement officer, containing a notice that motor vehicle operating privileges will be revoked or suspended and of an opportunity for a hearing, shall constitute the written notice required by North Dakota Century Code section 39-20-05 from the director.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-20-05
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-04 - Types of Operators Licenses, Qualifications › Section 37-03-04-01 - Restricted licenses - When issued

Current through Supplement No. 393, July, 2024
The director may issue a restricted license to a person depending upon the facts and circumstances of each individual case as follows:
1. When written certification is received from an insurance carrier indicating that a policy or policies of insurance limiting a person to operation of motor vehicles described in the policy or to designated times and locations and not insuring such person when operating other motor vehicles.
2. When the director has suspended a license for the accumulation of more than twelve points or has revoked a license for refusal to submit to a test or tests for intoxication, the director after a showing of good cause by the person may issue a temporary restricted license valid, after seven days of the suspension period have passed, for the remainder of the suspension period, authorizing the use of a motor vehicle only during the time and places specified.
3. When the director has good cause to believe that a person has physical disabilities that require special equipment on a motor vehicle to enable such person to safely operate the motor vehicle, the director may impose restrictions with respect to the type of motor vehicle the licensee may operate.
4. When the director has good cause to believe that the imposition of restrictions applicable to a person would be appropriate to assure the safe operation of a motor vehicle by that person.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-06-17, 39-06.1-11, 39-16.1-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-04 - Types of Operators Licenses, Qualifications › Section 37-03-04-01.1 - Temporary restricted operator's license - Criteria and procedure for issuance

Current through Supplement No. 393, July, 2024
1. When authorized by North Dakota Century Code section 39-06.1-11, a temporary restricted operator's license may be issued by the director according to the criteria in this section. In reviewing the person's record for the nature, frequency, and severity of violations and convictions entered thereon, the criteria considered will include:
a. Availability of other transportation.
b. Number of drivers in the household.
c. The nature of the driver's employment.
d. Total number of moving violations for the last three years.
e. Driving under suspension, revocation, or cancellation convictions.
f. Number of previous temporary restricted licenses issued.
A temporary restricted operator's license will be issued only to allow driving to, from, or during the person's employment, to and from an alcohol education or treatment program, to and from school when the need is shown or for normal life maintenance needs if extenuating circumstances are shown.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-04 - Types of Operators Licenses, Qualifications › Section 37-03-04-02 - Restricted license or permit for child fourteen years or older - Approved class or driver training school

Current through Supplement No. 393, July, 2024
When issuing a restricted driver's license or permit to a child who is at least fourteen years of age, in determining whether the child has completed a course of classroom instruction and course of behind-the-wheel instruction, or, in the alternative, has successfully completed a course at an approved commercial driver training school, the child must complete at least six hours of behind-the-wheel instruction, and thirty hours of classroom training by an instructor certified by the department of public instruction. For the purpose of this determination four hours of instruction with a driving simulator approved for use in driver training by the director shall be equivalent to one hour of behind-the-wheel instruction and two hours of instruction on a multiple car driving range approved by the director shall be equivalent to one hour of behind-the-wheel instruction.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-06-17
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-04 - Types of Operators Licenses, Qualifications › Section 37-03-04-04 - Class 4 license or endorsement for fourteen- or fifteen-year old applicant - Approved motorcycle training program [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-04 - Types of Operators Licenses, Qualifications › Section 37-03-04-05 - Content of motorcycle training program

Current through Supplement No. 393, July, 2024
The training program content must include the following basic objectives to be achieved by students in theory and practice riding sessions in motorcycle safety education. The objectives are identified in a potential instructional sequence and the groupings suggest possible instructional units as follows:
1. Recognizes safe vehicle conditions, such as:
a. Operates the controls and devices;
b. Identifies important vehicle component parts; and
c. Inspects the motorcycle.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-05 - Financial Responsibility › Section 37-03-05-03 - Notice of hearing - Matters considered

Current through Supplement No. 393, July, 2024
If a driver makes a written request for a hearing as specified in North Dakota Century Code section 39-06-33, the director shall send a notice of hearing to the driver specifying the time, date, and place for such hearing. The date set for such hearing shall be within sixty days, but not earlier than five days, after the request for the hearing has been received, unless otherwise agreed to by both the director and the person requesting such hearing. The decision in the matter must be made within thirty days of the completion of the hearing. The notice shall further specify that the matters considered at the hearing will be confined to the following:
1. Whether the accident resulted in bodily injury or death, or damage to the property of any one person in excess of the amount specified in North Dakota Century Code section 39-08-09;
2. Whether the accident involved circumstances to which the financial responsibility requirements and suspension do not apply;
3. Whether the possibility exists that liability for bodily injuries or death, or property damage in excess of one thousand dollars could be imposed against the driver;
4. If the possibility exists that liability may be imposed against the driver, the dollar amount of the potential liability and manner in which that amount may be secured by the driver in order to maintain the driver's license, or nonresident's operating privileges; and
5. Any other material matter relating to the suspension of the license deemed appropriate by the driver.
If a hearing is conducted with respect to a proposed suspension, the director shall give notice of the decision by mail to the driver.
General Authority: NDCC 28-32-02, 39-16-02
Law Implemented: NDCC 39-16-05
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03 - Drivers Licensing and Financial Responsibility › Chapter 37-03-05 - Financial Responsibility › Section 37-03-05-05 - Self-insurer - Qualifications

Current through Supplement No. 393, July, 2024
The director may issue a certificate of self-insurance for financial responsibility purposes to any applicant who meets the following qualifications:
1. Has more than twenty-five motor vehicles registered in the applicant's name; and
2. Has received a certificate of self-insurance as provided by the rules and regulations promulgated by the North Dakota insurance department pursuant to North Dakota Century Code chapter 26-42.
General Authority: NDCC 28-32-02, 39-16-02
Law Implemented: NDCC 39-16-32