reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-03 - Decision Review Office › Section 92-01-03-04 - Procedure for dispute resolution

Current through Supplement No. 393, July, 2024
1. A claimant may
				contact the office for assistance at any time. The claimant shall contact the
				office to request assistance with a dispute arising from an order within
				forty-five days of the date of service of the order. A claimant must make an
				initial request in writing for assistance with an order.
2. In an attempt to resolve the dispute, the
				decision review specialist may contact any interested parties. After oral or
				written contact has been made with the appropriate interested parties, the
				decision review specialist will attempt to accomplish a mutually agreeable
				resolution of the dispute between the organization and the claimant. The
				decision review specialist may facilitate the discussion of the dispute but may
				not modify a decision issued by the organization.
3. If a claimant has attempted to resolve the
				dispute and an agreement cannot be reached, the decision review specialist
				shall issue a certificate of completion. The decision review specialist will
				send the certificate of completion to the claimant and will inform the claimant
				of the right to pursue the dispute through hearing. To pursue a formal
				rehearing of the claim, the claimant shall file a request for rehearing with
				the organization's legal department within forty-five days after the
				certificate of completion is mailed.
4. If a claimant has not attempted to resolve
				the dispute, the office shall notify the claimant by letter, sent by regular
				mail, of the claimant's nonparticipation in the office and that no attorney's
				fees shall be paid by workforce safety and insurance should the claimant
				prevail in subsequent litigation. The decision review specialist shall inform
				the claimant of the right to pursue the dispute through hearing. To pursue a
				formal rehearing of the claim, the claimant shall file a request for rehearing
				with the organization's legal department within forty-five days after the
				letter of noncompliance is mailed.
5. If an agreement is reached, the
				organization must be notified and an order or other legal document drafted
				based upon the agreement.
6. The
				office will complete action within thirty days from the date that the office
				receives a claimant's request for assistance. This time frame can be extended
				if the decision review specialist is in the process of obtaining additional
				information.
General Authority:
NDCC 65-02-08
Law Implemented:
NDCC 65-01-16,
					 65-02-27
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-04 - Modified Workers Compensation Coverage › Section 92-01-04-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Custody" means incarceration in a facility operated by
				  the department or under contract with the department.
2. "Department" means the department of corrections and
				  rehabilitation.
3. "Inmate" means a person in the custody of the department.
4. "Penitentiary" means the North Dakota state penitentiary
				  and its affiliated facilities.
5. "Prison industries work program" means any inmate work
				  program operated through roughrider industries.
6. "Released from custody" means released on parole, released
				  on community corrections placement, released on conditional pardon, or
				  discharged from any facility operated by the department or under contract with
				  the department.
7. "Subsequent period of incarceration" means incarceration
				  resulting from revocation of parole, revocation of conditional pardon,
				  revocation of community corrections release, or revocation of probation, or
				  incarceration pursuant to a criminal judgment.
8. "Wages", for purposes of calculating disability benefits
				  under the program of modified workers' compensation, means the money an inmate
				  earns while working in a prison industries work program, before deductions from
				  earnings. The term does not include the reasonable value of room, board,
				  medical care, or other services provided by the department and does not include
				  income from any source other than working in a prison industries work program.
General Authority: NDCC 65-02-08, 65-06.2-06
Law Implemented: NDCC 65-06.2-04,
					 65-06.2-06
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-04 - Modified Workers Compensation Coverage › Section 92-01-04-02 - Applicability of statutes and other regulations - Risk management program requirements

Current through Supplement No. 393, July, 2024
Unless otherwise provided by statute or rule, if the
				  department has elected to provide modified workers' compensation coverage to
				  inmates working in a prison industries work program, North Dakota Century Code
				  title 65 and North Dakota Administrative Code articles 92-01, 92-02, and 92-05
				  apply. The department shall disclose to the organization the name of any
				  business or entity with whom the department contracts to establish a prison
				  industries work program for purposes of allowing the organization and the risk
				  management fund the opportunity to assess the loss prevention practices of that
				  business or entity to ensure minimal risk to inmates working in a prison
				  industries work program.
General Authority:
NDCC
					 65-02-08,
					 65-06.2-06
Law Implemented:
NDCC
					 65-06.2-04,
					 65-06.2-05,
					 65-06.2-06
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-04 - Modified Workers Compensation Coverage › Section 92-01-04-03 - Classification of inmates - Costs of administration

Current through Supplement No. 393, July, 2024
Inmates working in a prison industries work program are in a
				  single classification under the workforce safety and insurance account for
				  state entities under North Dakota Century Code section
				  65-04-03.1. The account for this
				  classification will be billed an annual amount equal to the organization's
				  minimum premium charge established under section
				  92-01-02-20 to cover the expense
				  of issuing coverage. The department shall annually reimburse to the
				  organization all allocated loss adjustment expenses, including all claim
				  benefit costs, and all administrative expenses, incurred in the classification
				  during the preceding year to the extent not covered by any program of excess
				  coverage or reinsurance. The organization will calculate and charge to
				  roughrider industries a cost of claims administration so that the ratio of the
				  administrative charge to allocated loss adjustment expenses in the
				  classification is equal to the ratio of the organization's overall
				  administrative expenses to total allocated loss adjustment
				  expenses.
General Authority:
NDCC
					 65-02-08,
					 65-06.2-06
Law Implemented:
NDCC
					 65-06.2-04,
					 65-06.2-06
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-04 - Modified Workers Compensation Coverage › Section 92-01-04-04 - Inmate health care services

Current through Supplement No. 393, July, 2024
The department, through the penitentiary, has control over
				  and may direct health care services for an inmate, including the selection of
				  treating and consulting physicians and all other health care provides. The
				  department shall schedule health care services, including medical and
				  diagnostic services, chiropractic services, and ancillary services such as
				  physical and occupational therapy, which are determined to be medically
				  necessary for an inmate who is injured while working in a prison industries
				  work program, according to applicable department rules, policies, and
				  procedures. The department, through the penitentiary, is responsible for
				  payment of all health care services according to applicable penitentiary
				  policies and procedures while the inmate is in custody.
General Authority: NDCC 65-02-08, 65-06.2-06
Law Implemented: NDCC 65-06.2-04, 65-06.2-05,
					 65-06.2-06
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-04 - Modified Workers Compensation Coverage › Section 92-01-04-05 - Vocational rehabilitation services

Current through Supplement No. 393, July, 2024
If the organization and the department determine that an
				  injured inmate is in need of vocational rehabilitation services, the
				  department, through the penitentiary, may provide vocational rehabilitation
				  services to that inmate. Vocational rehabilitation services include
				  penitentiary education programs, penitentiary vocational training programs,
				  penitentiary vocational rehabilitation programs, penitentiary college programs,
				  and institutional work.
General Authority: NDCC 65-02-08, 65-06.2-06
Law Implemented: NDCC 65-06.2-04, 65-06.2-05,
					 65-06.2-06
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-04 - Modified Workers Compensation Coverage › Section 92-01-04-06 - Health care services and wage-loss benefits paid when not in custody

Current through Supplement No. 393, July, 2024
If an inmate who has sustained a compensable injury while
				  working in a prison industries work program has been released from custody, the
				  organization shall provide and pay for health care services and procedures for
				  that former inmate according to North Dakota Century Code title 65 and North
				  Dakota Administrative Code title 92. The organization shall also pay wage-loss
				  benefits under North Dakota Century Code chapter 65-05 based on the inmate's
				  wage earned while working in a prison industries work program.
General Authority: NDCC 65-02-08, 65-06.2-06
Law Implemented: NDCC 65-06.2-04, 65-06.2-05,
					 65-06.2-06
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-04 - Modified Workers Compensation Coverage › Section 92-01-04-07 - Disability, vocational rehabilitation allowance, and permanent partial impairment benefits - Subsequent period of incarceration

Current through Supplement No. 393, July, 2024
Payment of disability benefits, vocational rehabilitation
				  allowance, or permanent partial impairment benefits must be discontinued during
				  any subsequent period of incarceration in any federal, state, regional, or
				  local correctional facility.
General Authority: NDCC 65-02-08, 65-06.2-06
Law Implemented: NDCC 65-06.2-04, 65-06.2-05,
					 65-06.2-06
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-02 - North Dakota Industrial Safety Code › Chapter 92-02-01 - General Provisions › Section 92-02-01-01 - References to other standards

Current through Supplement No. 393, July, 2024
Any update, amendment, or revision to title 29 of the Code of
				  Federal Regulations, part 1910, occupational safety and health standards for
				  general industry, and, part 1926, occupational safety and health standards for
				  the construction industry, both promulgated by the occupational safety and
				  health administration of the United States department of labor effective as of
				  July 1, 2010, and, any update, amendment, or revision to title 30 of the Code
				  of Federal Regulations promulgated by the mine safety and health administration
				  of the United States department of labor effective July 1, 2012, are the
				  standards of safety and conduct for the employers and employees of the state of
				  North Dakota.
General Authority:
NDCC 65-03-01
Law Implemented:
NDCC
					 65-03-01
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-05 - Workforce Safety and Insurance Risk Management Program › Chapter 92-05-02 - Risk Management Programs › Section 92-05-02-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this article:
1. "Employer" means employer as defined in
				North Dakota Century Code section 65-01-02.
2. "Good standing" for purposes of this
				article means an employer account that is not in default pursuant to North
				Dakota Century Code section 65-04-22.
3. "Organization" means workforce safety and
				insurance.
4. "Risk management
				programs" means all premium reduction and premium calculation programs offered
				and approved by the organization. Participants in the deductible program are
				not eligible for discounts under this chapter.
5. "Safety intervention" means any program,
				practice, or initiative approved by the organization intended to eliminate
				workplace hazards.
General Authority:
NDCC 65-02-08
Law Implemented:
NDCC 65-03-04,
					 65-04-19.1
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-05 - Workforce Safety and Insurance Risk Management Program › Chapter 92-05-02 - Risk Management Programs › Section 92-05-02-02 - Availability

Current through Supplement No. 393, July, 2024
The availability of the risk management programs is
				  contingent on sufficient fund surplus as determined by the organization. The
				  organization may develop additional programs and modify existing programs.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04,
					 65-04-19.1
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-05 - Workforce Safety and Insurance Risk Management Program › Chapter 92-05-02 - Risk Management Programs › Section 92-05-02-03 - Eligibility - Billing

Current through Supplement No. 393, July, 2024
All employers, except participants in the deductible programs
				  are eligible to participate in the organization's risk management
				  programs.
Volunteer accounts are not eligible for participation in risk
				  management programs.
At the organization's discretion, an employer account that is
				  delinquent, uninsured, or not in good standing pursuant to section
				  92-05-02-01 may not be eligible
				  for discounts under this article.
Discounts are automatically calculated by the organization
				  and are applied as a credit to the employer's premium billing statement.
General Authority:
NDCC 65-02-08
Law Implemented:
NDCC 65-03-04,
					 65-04-19.1
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-05 - Workforce Safety and Insurance Risk Management Program › Chapter 92-05-02 - Risk Management Programs › Section 92-05-02-07 - Alternative risk management programs

Current through Supplement No. 393, July, 2024
The organization may create new risk management programs, or
				  modify existing employer premium calculation programs under this article to
				  provide greater or lesser premium discounts.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04, 65-04-19.1,
					 65-04-19.3
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-05 - Workforce Safety and Insurance Risk Management Program › Chapter 92-05-03 - Safety and Health Programs › Section 92-05-03-01 - Safety and health programs - Purpose

Current through Supplement No. 393, July, 2024
The organization may establish safety and health programs to
				  fund safety interventions and disbursements, or develop other programs to
				  promote safety practices. A decision to discontinue a safety and health program
				  is at the discretion of the organization. An award under this section is within
				  the discretion of the organization.
General Authority:
NDCC 65-02-08
Law Implemented:
NDCC
					 65-03-04
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-05 - Workforce Safety and Insurance Risk Management Program › Chapter 92-05-03 - Safety and Health Programs › Section 92-05-03-02 - Eligibility

Current through Supplement No. 393, July, 2024
A North Dakota-based employer with an active workforce safety
				  and insurance account, a volunteer organization that has elected volunteer
				  coverage with the organization, an association or group comprised of North
				  Dakota employers or employees in good standing with the North Dakota secretary
				  of state for at least one year, or person is eligible to apply for a safety and
				  health program. Depending on the initiative an applicant may be required to
				  submit a completed application. A safety and health program applicant must
				  complete all program requirements for eligibility consideration of an
				  award.
The organization may require the applicant to submit proof of
				  financial ability to support a matching grant program. A grant award under this
				  chapter rests solely within the discretion of the organization. The
				  organization may consider all aspects of an employer's history, including
				  whether the employer account is in good standing, in determining eligibility
				  for a grant award under this chapter.
General Authority:
NDCC 65-02-08
Law Implemented:
NDCC
					 65-03-04
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-05 - Workforce Safety and Insurance Risk Management Program › Chapter 92-05-03 - Safety and Health Programs › Section 92-05-03-03 - Administration

Current through Supplement No. 393, July, 2024
Safety and health awards must be determined by a review board
				  established by the organization. At the organization's discretion, safety and
				  health awards by the organization are subject to the terms of a signed
				  agreement executed by the organization and the recipient of the award. No award
				  may be distributed until a signed agreement is fully executed. If the review
				  board determines that an application or supporting documentation contains
				  erroneous or misrepresented facts, and an award was made based on those facts,
				  the organization may decline to process the application or revoke the award.
				  The applicant shall refund all award dollars to the organization.
General Authority:
NDCC 65-02-08
Law Implemented:
NDCC
					 65-03-04
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-05 - Workforce Safety and Insurance Risk Management Program › Chapter 92-05-03 - Safety and Health Programs › Section 92-05-03-04 - Transitional return-to-work program

Current through Supplement No. 393, July, 2024
The organization may create programs to defray the costs
				  incurred by a North Dakota employer who elects to participate in the
				  organization's transitional return-to-work program. An award under this section
				  is within the discretion of the organization.
General Authority: NDCC 65-02-08
Law Implemented: NDCC
					 65-03-04
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-05 - Workforce Safety and Insurance Risk Management Program › Chapter 92-05-03 - Safety and Health Programs › Section 92-05-03-05 - Ergonomic program

Current through Supplement No. 393, July, 2024
The organization may create grant programs to defray the
				  costs incurred by a North Dakota employer who elects to participate in the
				  organization's ergonomic grant program. A grant award under this section is
				  within the discretion of the organization.
General Authority:
NDCC 65-02-08
Law Implemented:
NDCC
					 65-03-04
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-05 - Workforce Safety and Insurance Risk Management Program › Chapter 92-05-03 - Safety and Health Programs › Section 92-05-03-07 - Safety training and education program

Current through Supplement No. 393, July, 2024
The organization may create grant programs to defray the
				  costs incurred by a North Dakota association or formally organized pursuant to
				  section 92-05-03-02 employee or employer
				  group that elects to participate in the organization's safety training and
				  education program. A grant award under this section is within the discretion of
				  the organization.
General Authority: NDCC 65-02-08
Law Implemented: NDCC
					 65-03-04
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-01 - General Administration › Chapter 93-01-01 - Organization of Board › Section 93-01-01-01 - Organization of private investigative and security board

Current through Supplement No. 393, July, 2024
The governor shall appoint a private investigative and
				  security board. The board must consist of not less than five, nor more than
				  eleven members appointed for staggered four-year terms. When making
				  appointments, the governor shall consider whether there is member
				  representation from the western, central, and eastern geographic regions of the
				  state. Appointees to the board must be knowledgeable in private investigative
				  or private security matters. A majority of the members of the board must be
				  actively engaged in the private investigative or security profession. It is the
				  practice of said board that at least one member be representative of the law
				  enforcement community to better facilitate cooperative effectiveness within the
				  industry.
Members of the board may not receive any compensation for
				  their service on the board, but they are entitled to be reimbursed for their
				  expenses incurred in performing their duties in the amounts provided by law for
				  state employees.
General Authority:
NDCC 43-30-04
Law Implemented:
NDCC
					 43-30-03
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-01 - General Administration › Chapter 93-01-02 - Executive Director › Section 93-01-02-01 - Executive director

Current through Supplement No. 393, July, 2024
The private investigative and security board shall appoint an
				  executive director who shall keep a record of all proceedings, transactions,
				  communications, and official acts of the board, be a custodian for all moneys
				  received for licenses, certifications, and training, which must be deposited
				  for safekeeping in depositories designated by the board. The executive director
				  must be a custodian of all records of the board and perform such other duties
				  and administrative functions as the board may require. The executive director
				  shall be employed on either a full-time or part-time basis as directed by the
				  board, and the board is authorized to fix the salary of the executive
				  director.
General Authority:
NDCC 43-30-04
Law Implemented:
NDCC
					 43-30-01(3)
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-01.1 - Private Investigative Services › Section 93-02-01.1-01 - Qualifications for individuals providing private investigative services

Current through Supplement No. 393, July, 2024
To receive and maintain any license or registration from the board to provide private investigative services, an individual first must:
1. Be at least eighteen years of age.
2. Be a high school graduate or hold the equivalent of a high school diploma.
3. Have not been convicted or adjudged guilty in any jurisdiction of one of the following offenses or its equivalent in another jurisdiction, including juvenile adjudications that the individual has engaged in similar conduct: any felony; any class A or B misdemeanor involving an act of violence or intimidation as defined in North Dakota Century Code chapters  12.1-16 through  12.1-25 and chapter  12.1-31.2, or involving controlled substances as defined in North Dakota Century Code chapter  19-03.1; any offense involving theft as defined in North Dakota Century Code chapter  12.1-23, including shoplifting; or any other offense that must be reported to the North Dakota bureau of criminal investigation under North Dakota Century Code section  12.1-32-15. This subsection does not prohibit the board from issuing a license or registration to an individual if the board determines the offense does not have a direct bearing upon the individual's ability to provide private investigative services to the public and the individual has been sufficiently rehabilitated pursuant to the provisions of North Dakota Century Code section  12.1-33-02.1, or a full pardon has been granted.
4. Be free of mental condition or defect that would interfere with the individual's ability to provide services in a professional and competent manner.
5. Have not committed an act that the board determines is indicative of bad moral character and which has a direct bearing on the applicant's ability to serve the public, including offenses other than those listed in subsection 3.
The requirements in this section are in addition to any other qualifications established in this chapter. Each individual who is required to meet the qualifications of this section has a continuing duty to notify the board of any conviction or adjudication of guilt of an offense described in subsection 3 within fourteen days of the conviction or adjudication. For individuals who are licensed or registered by the board on May 1, 2000, or who are officers or owners of at least a ten percent interest in a licensed agency on May 1, 2000, this section applies only to convictions or adjudications of guilt which occur after May 1, 2000.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04, 43-30-05, 43-30-06
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-01.1 - Private Investigative Services › Section 93-02-01.1-02 - Licensing of individuals providing private investigative services

Current through Supplement No. 393, July, 2024
1. An individual providing private investigative services must obtain a license from the board to provide those services unless the individual is registered as an employee or independent contractor of an agency that is licensed under this chapter and is providing those services within the scope of the individual's relationship with the agency. An agency is responsible for registering its employees and independent contractors under section 93-02-01.1-04. This section does not apply to individuals who are exempt from the board's jurisdiction under North Dakota Century Code section  43-30-02.
2. An individual is qualified to be licensed to provide private investigative services if the individual has passed an examination conducted by or under the supervision of the board within the twelve months preceding the date of the individual's application for the license and has provided two thousand hours of private investigative services as a registered employee of a detective agency. The experience requirement in this subsection does not apply to an individual who holds a license on May 1, 2000, unless the individual's license lapses and is not renewed within one year pursuant to section 93-02-03-03.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04, 43-30-05, 43-30-06
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-01.1 - Private Investigative Services › Section 93-02-01.1-03 - Licensing of detective agencies

Current through Supplement No. 393, July, 2024
Any individual or entity hiring another person to perform
				  private investigative services must obtain a detective agency license. An
				  individual who applies for an agency license must be currently licensed in this
				  state to provide private investigative services. An entity that applies for an
				  agency license must have at least one individual who serves as the qualifying
				  agent for that entity, and who will be responsible for all agency personnel
				  providing those services. The qualifying agent must be an individual agent who
				  is an officer, director, partner, proprietor, or manager of the agency who
				  exercises material authority in the conduct of the agency's business by making
				  substantive technical and administrative decisions relating to the work
				  performed for which a license is required and who is not involved in any other
				  employment or activity which conflicts with these duties and responsibilities
				  to ensure the agency's performance of work regulated under this chapter
				  complies with applicable laws and does not jeopardize the public health,
				  safety, and welfare. The qualifying agent and all nonlicensed officers and
				  owners of at least a ten percent interest in the entity must be listed on the
				  application and meet the qualifications in section 93-02-01.1-01.
General Authority:
NDCC
					  43-30-04
Law Implemented:
NDCC
					  43-30-04,
					  43-30-09
North Dakota Administrative Code › Title 93 - Private Investigative and Security Board › Article 93-02 - Private Investigative And Security Services › Chapter 93-02-01.1 - Private Investigative Services › Section 93-02-01.1-04 - Registration of employees and independent contractors of detective 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 investigative services as an employee or independent contractor of a detective agency who is not licensed to provide those services must have a registration from the board. The agency is responsible for obtaining registration for all of its employees and independent contractors.
3. A detective agency may not employ or contract with an unregistered or unlicensed person to provide private investigative services on behalf of the agency. A person employed or contracted by a detective agency who does not provide any private investigative services need not be registered or licensed.
4. A detective 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 investigative services unless the employee or independent contractor is under the supervision of an individual who is licensed to provide private investigative 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 93-02-01.1 - Private Investigative Services › Section 93-02-01.1-05 - Armed personnel - Possession and use of firearms in the course of providing private investigative services

Current through Supplement No. 393, July, 2024
It is unlawful for any individual, including agency
				  personnel, to carry a firearm while providing private investigative 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. 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. Has provided at least one thousand hours
				of private investigative or private security services.
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 93-02-01.1 - Private Investigative Services › Section 93-02-01.1-06 - 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 investigation; proprietary investigation, 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 93-02-01.1 - Private Investigative Services › Section 93-02-01.1-07 - Prohibitions

Current through Supplement No. 393, July, 2024
1. An individual, while providing private investigative 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 93-02-01.1 - Private Investigative Services › Section 93-02-01.1-08 - Surety requirements

Current through Supplement No. 393, July, 2024
1. Before a license to provide private investigative 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 a surety company or 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 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.
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 93-02-01.1 - Private Investigative Services › Section 93-02-01.1-09 - License - Posting

Current through Supplement No. 393, July, 2024
Each individual who, or 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 93-02-01.1 - Private Investigative Services › Section 93-02-01.1-10 - 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. The board will not issue a
				pocket card to an individual performing private investigative services for a
				detective agency on a contractual basis if that individual is already licensed
				as a private investigator. Each individual licensed or registered by the board
				shall have on that individual's person, the pocket card issued while providing
				private investigative services.
2.
				When a registered employee or independent contractor of a detective 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 detective 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 93-02-01.1 - Private Investigative Services › Section 93-02-01.1-11 - Change in ownership or other application information

Current through Supplement No. 393, July, 2024
An agency license is not transferable. A licensed detective 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 93-02-01.1 - Private Investigative Services › Section 93-02-01.1-12 - Examination restrictions

Current through Supplement No. 393, July, 2024
Any applicant for a license to provide private investigative 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 93-02-02.1-01 - Qualifications for individuals providing private security services

Current through Supplement No. 393, July, 2024
To receive and maintain any license or registration from the board to provide private security services, an individual first must:
1. Be at least eighteen years of age.
2. Be a high school graduate or hold the equivalent of a high school diploma.
3. Have not been convicted or adjudged guilty in any jurisdiction of one of the following offenses or its equivalent in another jurisdiction, including juvenile adjudications that the individual has engaged in similar conduct: any felony; any class A or B misdemeanor involving an act of violence or intimidation as defined in North Dakota Century Code chapters  12.1-16 through  12.1-25 and chapter  12.1-31.2, or involving controlled substances as defined in North Dakota Century Code chapter  19-03.1; any offense involving theft as defined in North Dakota Century Code chapter  12.1-23, including shoplifting; or any other offense that must be reported to the North Dakota bureau of criminal investigation under North Dakota Century Code section  12.1-32-15. This subsection does not prohibit the board from issuing a license or registration to an individual if the board determines the offense does not have a direct bearing upon the individual's ability to provide private security services to the public and the individual has been sufficiently rehabilitated pursuant to the provisions of North Dakota Century Code section  12.1-33-02.1, or a full pardon has been granted.
4. Be free of mental condition or defect that would interfere with the individual's ability to provide services in a professional and competent manner.
5. Have not committed an act that the board determines is indicative of bad moral character and which has a direct bearing on the applicant's ability to serve the public, including offenses other than those listed in subsection 3.
The requirements in this section are in addition to any other qualifications established in this chapter. Each individual who is required to meet the qualifications of this section has a continuing duty to notify the board of any conviction or adjudication of guilt of an offense described in subsection 3 within fourteen days of the conviction or adjudication. For individuals who are licensed or registered by the board on May 1, 2000, or who are officers or owners of at least a ten percent interest in a licensed agency on May 1, 2000, this section applies only to convictions or adjudications of guilt which occur after May 1, 2000.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04, 43-30-05, 43-30-06
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 93-02-02.1-02 - Licensing of individuals providing private security services

Current through Supplement No. 393, July, 2024
1. An individual providing private security services must obtain a license from the board to provide those services unless the individual is registered as an employee or independent contractor of an agency that is licensed under this chapter and is providing those services within the scope of the individual's relationship with the agency. An agency is responsible for registering its employees and independent contractors under section 93-02-02.2-04. This section does not apply to individuals who are exempt from the board's jurisdiction under North Dakota Century Code section  43-30-02.
2. An individual is qualified to be licensed to provide private security services if the individual is currently a commissioned security officer and has passed an examination conducted by or under the supervision of the board within the twelve months preceding the date of the individual's application for the license.
General Authority: NDCC 43-30-04
Law Implemented: NDCC 43-30-04, 43-30-05, 43-30-06
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 93-02-02.1-03 - Licensing of private security agencies

Current through Supplement No. 393, July, 2024
Any individual or entity hiring another person to perform
				  private security services must obtain a private security agency license. An
				  individual who applies for a private security agency license must be currently
				  licensed in this state to provide private security services. An entity that
				  applies for a private security agency license must have at least one individual
				  who serves as the qualifying agent for that entity and who will be responsible
				  for all agency personnel providing those services. The qualifying agent must be
				  an individual who is an officer, director, partner, proprietor, or manager of
				  the agency who exercises material authority in the conduct of the agency's
				  business by making substantive technical and administrative decisions relating
				  to the work performed for which a license is required and who is not involved
				  in any other employment or activity which conflicts with these duties and
				  responsibilities to ensure the agency's performance of work regulated under
				  this chapter complies with applicable laws and does not jeopardize the public
				  health, safety, and welfare. The qualifying agent and all nonlicensed officers
				  and owners of at least a ten percent interest in the entity must be listed on
				  the application and meet the qualifications in section 93-02-02.1-01.
General Authority:
NDCC
					  43-30-04
Law Implemented:
NDCC
					  43-30-04,
					  43-30-09