reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-02 - Veterinarian Licensure › Chapter 87-02-01 - Continuing Education Requirements › Section 87-02-01-05 - Notice of failure to comply

Current through Supplement No. 393, July, 2024
If a licensed veterinarian fails to complete the continuing
				  education requirements, a written notice shall be sent to the licenseholder. At
				  the discretion of the board, a six-month grace period may be allowed to make up
				  the requirement. If, after six months, the requirements have not been met, the
				  license will be revoked, suspended, or placed on probationary status.
General Authority:
NDCC 43-29-03,
					 43-29-07.3
Law Implemented:
NDCC
					 43-29-07.3
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-02 - Veterinarian Licensure › Chapter 87-02-01 - Continuing Education Requirements › Section 87-02-01-06 - Discipline reporting

Current through Supplement No. 393, July, 2024
A licensed veterinarian is required to affirmatively report
				  any initiated disciplinary action from any other regulatory body to the board
				  within thirty days of that other regulatory body's initiation of the
				  disciplinary action.
General Authority:
NDCC 43-29-03
Law Implemented:
NDCC
					 43-29-03
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-02 - Veterinarian Licensure › Chapter 87-02-01 - Continuing Education Requirements › Section 87-02-01-07 - Name change

Current through Supplement No. 393, July, 2024
A licensed veterinarian must report any personal name change
				  to the board within thirty days. Proper documentation must be provided upon
				  request.
General Authority:
NDCC 43-29-03
Law Implemented:
NDCC
					 43-29-03
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-03 - Veterinary Technician Licensure › Chapter 87-03-01 - Procedures for Licensure of Veterinary Technicians › Section 87-03-01-01 - Definition of a veterinary technician

Current through Supplement No. 393, July, 2024
As used in this chapter, "veterinary technician" has the same
				  meaning as "licensed veterinary technician" as defined in North Dakota Century
				  Code section
				   43-29-01.1.
General Authority: NDCC 43-29-09
Law Implemented: NDCC 43-29-07.1, 43-29-09
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-03 - Veterinary Technician Licensure › Chapter 87-03-01 - Procedures for Licensure of Veterinary Technicians › Section 87-03-01-02 - Requirements for licensure as a veterinary technician

Current through Supplement No. 393, July, 2024
Licensure as a veterinary technician requires a passing score
				  on the veterinary technician national examination.
General Authority:
NDCC 43-29-09
Law Implemented:
NDCC
					 43-29-07.1
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-03 - Veterinary Technician Licensure › Chapter 87-03-01 - Procedures for Licensure of Veterinary Technicians › Section 87-03-01-03 - Prerequisites for taking the national examination

Current through Supplement No. 393, July, 2024
The minimum prerequisite for taking the veterinary technician
				  national examination is graduation from an accredited program in veterinary
				  technology or equivalent program. Candidates who are students in good standing
				  at an accredited program in veterinary technology may be approved by the board
				  to take the national examination for the first time no earlier than six months
				  prior to their expected graduation date.
General Authority:
NDCC 43-29-09
Law Implemented:
NDCC
					 43-29-07.1
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-03 - Veterinary Technician Licensure › Chapter 87-03-01 - Procedures for Licensure of Veterinary Technicians › Section 87-03-01-04 - Application for licensure - Fees - License renewal

Current through Supplement No. 393, July, 2024
1. Any person desiring licensure as a
				veterinary technician shall make written application for licensure to the
				executive secretary on forms provided for that purpose and shall pay in advance
				to the North Dakota board of veterinary medical examiners a fee of thirty
				dollars plus, if applicable, the cost of the veterinary technician national
				examination. Fees are not returned, except by action of the board.
2. Annual license renewal notice shall be
				provided to all licensed veterinary technicians on or before December first,
				either by regular mail or electronic mail, and completed license renewal forms
				must be received by December thirty-first.
3. The annual license renewal fee for
				veterinary technicians is twenty dollars and must be received by December
				thirty-first of each year.
4.
				Renewals not received by the due date will be assessed a late fee of fifty
				percent of the license fee.
5. A
				license may be renewed for two years after it expires by payment of all
				past-due renewal registration fees and late fees and completion of continuing
				education requirements. If more than two years have passed since expiration, a
				new application for licensure must be made.
General Authority:
NDCC 43-29-03,
					 43-29-09
Law Implemented:
NDCC 43-29-07.1,
					 43-29-08.1
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-03 - Veterinary Technician Licensure › Chapter 87-03-01 - Procedures for Licensure of Veterinary Technicians › Section 87-03-01-05 - Educational program attendance required

Current through Supplement No. 393, July, 2024
Each licensed veterinary technician, except as otherwise
				  provided, shall be required to receive eight hours of veterinary technician
				  continuing education, approved by the board, in the twenty-four months
				  preceding each even-year renewal date. Veterinary technician continuing
				  education is defined as an educational program that will enhance the
				  licenseholder's professional ability to serve the public and which has the
				  prior approval of the board.
General Authority:
NDCC 43-29-03, 43-29-07.3,
					 43-29-09
Law Implemented:
NDCC 43-29-07.3,
					 43-29-08.1
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-03 - Veterinary Technician Licensure › Chapter 87-03-01 - Procedures for Licensure of Veterinary Technicians › Section 87-03-01-06 - Educational program requirement waiver

Current through Supplement No. 393, July, 2024
The board may waive the continuing education requirements for
				  an individual, upon the individual's request, for any of the following
				  reasons:
1. Impaired health.
2. For individuals who have reached the age
				of sixty-five and are no longer actively engaged in practice and have so
				indicated on their license renewal form. The license of such individual must be
				placed on inactive status and the individual subsequently may not practice in
				North Dakota until the individual becomes current as to continuing education
				requirements.
3. For other
				legitimate reasons as presented and verified to the board at one of its regular
				meetings.
General Authority:
NDCC 43-29-03,
					 43-29-07.3
Law Implemented:
NDCC
					 43-29-07.3
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-03 - Veterinary Technician Licensure › Chapter 87-03-01 - Procedures for Licensure of Veterinary Technicians › Section 87-03-01-07 - Educational program requirements

Current through Supplement No. 393, July, 2024
Veterinary technician continuing education may consist of the
				  following:
1. Programs sponsored by
				local, state, regional, or national veterinary or veterinary technician
				associations.
2. Seminars or
				training approved by the North Dakota veterinary medical examining board. The
				seminars or training may be approved only if they relate to the practice of
				veterinary medicine, as defined by subsection 8 of North Dakota Century Code
				section 43-29-01.1, and consist of evidence-based scientific material.
3. Programs approved by the
				registry of approved continuing education of the American association of
				veterinary state boards.
4. Wet
				labs or instructions, or both, taken at a college or university, the subject
				material of which must pertain to veterinary medicine.
5. Programs presented by pharmaceutical
				companies and other commercial groups may be approved, as long as they consist
				of objective presentations of scientific information and are not designed
				principally to sell products to the veterinarian or the animal owner.
6. A maximum of two hours of participation in
				a clinical setting at another veterinary practice and completion of the written
				report required by the board's veterinary exchange program.
7. A maximum of two hours of veterinary
				technician continuing education may relate to practice management. Programs
				designed to enhance the veterinary technician's ability to earn money or invest
				money, or that relate to personal financial planning do not meet the continuing
				education requirements.
8. A
				maximum of four hours of approved veterinary technician continuing education
				may be obtained through professional written journals or technology-based
				methods relevant to the practice of veterinary medicine.
Proof of attendance and verification will be necessary on
				  request. Verification may include a printed program, certificate, brochure,
				  handout, or syllabus that lists the topics presented, the persons doing the
				  instruction and their qualifications, and the time for each presentation.
				  Verification may be completed through a third-party database at the discretion
				  of the board.
General Authority:
NDCC 43-29-03,
					 43-29-07.3
Law Implemented:
NDCC
					 43-29-07.3
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-03 - Veterinary Technician Licensure › Chapter 87-03-01 - Procedures for Licensure of Veterinary Technicians › Section 87-03-01-08 - Notice of failure to comply

Current through Supplement No. 393, July, 2024
If a licensed veterinary technician fails to complete the
				  continuing education requirements, a written notice shall be sent to the
				  licenseholder. At the discretion of the board, a six-month grace period may be
				  allowed to make up the requirements.
General Authority:
NDCC 43-29-03,
					 43-29-07.3
Law Implemented:
NDCC
					 43-29-07.3
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-03 - Veterinary Technician Licensure › Chapter 87-03-01 - Procedures for Licensure of Veterinary Technicians › Section 87-03-01-09 - Discipline reporting

Current through Supplement No. 393, July, 2024
A licensed veterinary technician is required to affirmatively
				  report any initiated disciplinary action from any other regulatory body to the
				  board within thirty days of that other regulatory body's initiation of the
				  disciplinary action.
General Authority:
NDCC 43-29-03
Law Implemented:
NDCC
					 43-29-03
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-03 - Veterinary Technician Licensure › Chapter 87-03-01 - Procedures for Licensure of Veterinary Technicians › Section 87-03-01-10 - Name change

Current through Supplement No. 393, July, 2024
A licensed veterinary technician shall report any personal
				  name change to the board within thirty days. Proper documentation must be
				  provided upon request.
General Authority:
NDCC 43-29-03
Law Implemented:
NDCC
					 43-29-03
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-04 - Veterinary Prescriptive Practices › Chapter 87-04-01 - Prescriptions and Records › Section 87-04-01-01 - Veterinary prescription drugs

Current through Supplement No. 393, July, 2024
Veterinary prescription drugs are to be used or prescribed
				  only within the context of a valid veterinarian-client-patient relationship.
				  Veterinary prescription drugs are those drugs restricted by federal law to use
				  by or on the order of a licensed veterinarian.
General Authority: NDCC 43-29-03
Law Implemented: NDCC 43-29-03
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-04 - Veterinary Prescriptive Practices › Chapter 87-04-01 - Prescriptions and Records › Section 87-04-01-02 - Prescription drugs - Records - Labeling - Dispensing

Current through Supplement No. 393, July, 2024
1. Adequate treatment records must be
				maintained by the veterinarian for at least three years, for all animals
				treated, to show that the drugs were supplied to clients with whom a valid
				veterinarian-client-patient relationship has existed. Such records must include
				the information set forth in section 87-04-01-03.
2. All veterinary prescription drugs must be
				properly labeled when dispensed. A complete label must include the information
				set forth in section 87-04-01-03. If that information is included in a
				manufacturer's drug label, it is unnecessary to repeat it in the veterinarian's
				label. If there is inadequate space on the label for complete instructions, the
				veterinarian must provide additional information to accompany the drug
				dispensed or prescribed.
3. When
				veterinary prescription drugs are dispensed to companion animal owners, such
				drugs must be placed in child-resistant containers, unless otherwise requested
				by the client.
4. After a valid
				veterinarian-client-patient relationship has been established, a veterinarian
				shall make available, upon request, and may assess a reasonable cost for, a
				prescription for a drug that has been determined by the veterinarian to be
				appropriate for the patient.
5.
				Non-pharmacologic and non-opioid treatment must be given consideration before
				dispensing an opioid or other controlled substance.
General Authority:
NDCC 43-29-03
Law Implemented:
NDCC
					 43-29-03
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-04 - Veterinary Prescriptive Practices › Chapter 87-04-01 - Prescriptions and Records › Section 87-04-01-03 - Basic information of records, prescriptions, and labels

Current through Supplement No. 393, July, 2024
1. Records of prescription drugs must contain
				the:
a. Name, address, and telephone number
				of veterinarian.
b. Name, address,
				and telephone number of client.
c.
				Identification of animals or herds treated.
d. Date of treatment, prescribing, or
				dispensing of drug.
e. Name and
				quantity of the drug to be prescribed or dispensed.
f. Dosage and duration directions for use.
g. Number of refills authorized.
h. Cautionary statements, as
				needed.
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-04 - Veterinary Prescriptive Practices › Chapter 87-04-01 - Prescriptions and Records › Section 87-04-01-04 - Storage of prescription drugs

Current through Supplement No. 393, July, 2024
Veterinary prescription drugs must be stored separately from
				  over-the-counter drugs. Drugs must be stored under conditions recommended by
				  the manufacturer.
The drug enforcement administration registrant under which
				  the drugs were purchased is responsible for the effective security of the drug
				  stock. Opioids and other controlled substances must be stored in a securely
				  locked cabinet of substantial construction as per drug enforcement
				  administration requirements.
General Authority:
NDCC 43-29-03
Law Implemented:
NDCC
					 43-29-03
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-04 - Veterinary Prescriptive Practices › Chapter 87-04-02 - Patient Records › Section 87-04-02-01 - Companion animal records

Current through Supplement No. 393, July, 2024
Patient records must contain the following information in
				  electronic or written legible form:
1.
				Client name, address, and phone numbers.
2. Patient name, breed, description, sex, and
				age.
3. Results of any patient
				physical examinations, diagnostic and treatment plans, and results of
				diagnostic and treatment procedures.
4. Any medications used, including route of
				administration and dosage.
5.
				Evidence of the client's consent for all surgical procedures and euthanasias.
				Although it is preferred that a signed consent form be obtained from each
				client, such is not required as long as the records reflect oral consent was
				received.
6. Identity of the
				veterinarian or authorized representative making entry of record.
General Authority:
NDCC 43-29-03
Law Implemented:
NDCC
					 43-29-03
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-04 - Veterinary Prescriptive Practices › Chapter 87-04-02 - Patient Records › Section 87-04-02-02 - Livestock records

Current through Supplement No. 393, July, 2024
Patient records must contain the following information in
				  electronic or written legible form:
1.
				Client name, address, and phone numbers.
2. Identification of animals or herds
				treated.
3. Any medications used,
				including route of administration and dosage.
4. Evidence of client's consent for all
				surgical procedures and euthanasias. Although it is preferred that a signed
				consent form be obtained from each client, such is not required as long as the
				records reflect oral consent was received.
5. Identify of the veterinarian or authorized
				representative making entry of record.
General Authority:
NDCC 43-29-03
Law Implemented:
NDCC
					 43-29-03
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-05 - Veterinarian Disciplinary Proceedings › Chapter 87-05-01 - Complaints and Peer Review › Section 87-05-01-01 - Complaint

Current through Supplement No. 393, July, 2024
A person may file a written complaint with the board setting
				  forth the specific charges upon which the complaint is made. Upon receiving a
				  complaint, the board shall notify the veterinarian of the complaint and request
				  the veterinarian provide a written response to the complaint within twenty days
				  of receipt of the board's letter. The veterinarian's response will be made
				  available to the complainant.
After receiving the response, the board will review the
				  complaint and response and determine whether, on its face, the complaint
				  warrants further action by the board. If the board determines the complaint
				  does not warrant further action, the complaint is dismissed and the complainant
				  and the veterinarian will be notified in writing of the board action. If the
				  board determines the complaint warrants additional investigation, the board
				  will determine whether the complaint should be referred to a peer review
				  committee for investigation or whether the investigation should be conducted by
				  other means. If the board determines sufficient information exists to warrant
				  initiating formal disciplinary action, a formal complaint will be filed
				  pursuant to North Dakota Century Code chapter 28-32.
The board may initiate its own investigation and file an
				  administrative complaint upon receiving information that indicates a violation
				  of the practice act or board rules has occurred.
General Authority:
NDCC 43-29-03
Law Implemented:
NDCC
					 43-29-15
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-05 - Veterinarian Disciplinary Proceedings › Chapter 87-05-01 - Complaints and Peer Review › Section 87-05-01-02 - Peer review committee

Current through Supplement No. 393, July, 2024
1. The board, after
				reviewing the complaint and response to the complaint, may appoint a peer
				review committee for the purpose of investigating the complaint and rendering a
				recommendation to the board. The board may seek input from the North Dakota
				veterinary medical association on potential members of the peer review
				committee.
2. The peer review
				committee must be appointed by the board and consist of three licensed
				veterinarians. Board members may not serve as peer review committee members.
				If, after reviewing the complaint and response, the committee believes
				additional expertise is needed to render a recommendation, the board may
				appoint an additional member to the peer review committee who has the training,
				experience, and expertise necessary to assist in making a recommendation.
3. At the time the peer review
				committee members are appointed and prior to the review process, the board
				shall notify the complainant and respondent as to the identity of the members
				of the peer review committee. The complainant and respondent may submit a
				documented request that the board excuse a committee member for due cause. The
				board may excuse the committee member and appoint another committee member to
				replace the excused member.
4. The
				peer review committee shall investigate the complaint to determine whether a
				reasonable basis exists to believe the respondent violated the laws or rules
				regulating the practice of veterinary medicine. The peer review committee is an
				agent of the board and has the same investigatory powers that the board has.
				The board's legal counsel may provide advice and assistance to the peer review
				committee.
5. After completing its
				investigation, the peer review committee shall make a recommendation to the
				board. The peer review committee shall recommend whether a reasonable basis
				exists to believe the respondent violated any laws or rules regulating the
				practice of veterinary medicine and whether disciplinary action should be
				commenced. If the committee recommends disciplinary action be commenced, the
				committee shall identify the factual basis of the recommendation and the law or
				regulation allegedly violated. A copy of the peer review committee's
				recommendation must be provided to the complainant and respondent.
6. After receiving the peer review
				committee's recommendation, the board shall review the recommendation and
				determine whether to dismiss the complaint, conduct additional investigation,
				or initiate formal disciplinary action.
General Authority: NDCC 43-29-15
Law Implemented: NDCC 43-29-15
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-05 - Veterinarian Disciplinary Proceedings › Chapter 87-05-02 - Unprofessional Conduct › Section 87-05-02-02 - Minimum standards of practice

Current through Supplement No. 393, July, 2024
Minimum standards of practice include:
1. The delivery of veterinary care must be
				provided in a competent and humane manner consistent with prevailing standards
				of practice for the species of animal and the professed area of expertise of
				the veterinarian. For a veterinarian to exercise properly the rights granted by
				the veterinary license, a veterinarian-client-patient relationship must
				exist.
2. Medical records and
				radiographs are the physical property of the hospital or the proprietor of the
				practice that prepared them. Records must be maintained for a minimum of three
				years after the last visit. Radiographs must be maintained for a minimum of
				three years.
3. Medical records, or
				an accurate summary of them, must be released to the animal owner or the
				owner's authorized agent, including the board, within a reasonable time of a
				request. A reasonable charge for copying or preparation of a summary may be
				made, except in the case of a board investigation, in which case no charges are
				authorized.
4. Contents of medical
				records must be kept private and not released to third parties unless
				authorized by the client or required by law. Medical records may be released
				without consent of the client under the following circumstances:
a. For statistical and scientific research,
				if the information is abstracted in a way as to protect the identity of the
				patient and client;
b. To verify a
				rabies vaccination of an animal;
c.
				To investigate a threat to human or animal health;
d. For the protection of individual animal,
				human, or public health or welfare; or
e. If requested by another veterinarian for
				the purpose of continuity of care.
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-06 - Practice OF Veterinary Medicine › Chapter 87-06-01 - Veterinarian-Client-Patient Relationship › Section 87-06-01-01 - Veterinarian-client-patient relationship

Current through Supplement No. 393, July, 2024
The establishment of a veterinarian-client-patient
				  relationship as defined in subsection 9 of North Dakota Century Code section
				  43-29-01.1 may extend to all veterinarians within the same practice with access
				  to the patient medical records.
General Authority:
NDCC 43-29-03
Law Implemented:
NDCC
					 43-29-03
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-06 - Practice OF Veterinary Medicine › Chapter 87-06-02 - Specialties OF Veterinary Medicine › Section 87-06-02-01 - Specialties of veterinary medicine

Current through Supplement No. 393, July, 2024
Veterinary medicine includes telemedicine, laser therapy,
				  chemotherapy, and rehabilitation services.
General Authority:
NDCC 43-29-03
Law Implemented:
NDCC
					 43-29-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-01 - General Administration › Chapter 89-01-01 - Organization of Water Commission and Department of Water Resources › Section 89-01-01-01 - History

Current through Supplement No. 393, July, 2024
The office of the state engineer was established in 1905. As
				  initially created, the state engineer had many responsibilities, including as
				  an ex-officio state coal mine inspector, as well as the chief engineer and
				  secretary for the newly created highway commission. Eventually the state
				  engineer's focus shifted to water-oriented responsibilities.
The water commission was created as a separate state agency
				  in 1937, as an emergency measure during the prolonged drought. The law
				  originally provided the state engineer was the commission's chief technical
				  adviser, but that such responsibilities would be in addition to the engineer's
				  regular duties as state engineer. In 1941, the law was amended to provide the
				  state engineer would be the commission's secretary and chief engineer.
From 1937 through approximately 1977, the legislative
				  assembly often vested either the water commission or state engineer with
				  particular authority regarding water-related issues without any expressed
				  reason or clear consistency. This commingling of regulatory authority created
				  confusion, and likely led to the convention of referring to both the water
				  commission and the office of the state engineer collectively as the commission.
				  Finally in 1981, the legislative assembly passed a bill amending several
				  sections and chapters of law to clarify the intent that:
[w]henever the term "water conservation commission", "water
				  commission", or "commission", or any derivative of those terms, which when used
				  in context, indicates an intention to refer to that commission regarding
				  [regulatory duties, those terms] shall be construed as granting full
				  administrative and enforcement authority to the state engineer.
1981 N.D. Sess. Laws ch. 365 § 6. As such, the office of
				  state engineer, rather than the water commission, was the agency charged with
				  enforcing most water-related regulations.
In August 2021, House Bill No. 1353 of the sixty-seventh
				  legislative assembly replaced the office of the state engineer with the
				  department of water resources, which is led by a director. The department's
				  primary functions are to promote statewide water management policies, enforce
				  water-related regulations, and provide staff and engineering services for
				  commission initiatives.
General Authority:
NDCC 61-02-11,
					 61-03-13
Law Implemented:
NDCC 61-02-11,
					 61-03-13
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-01 - General Administration › Chapter 89-01-01 - Organization of Water Commission and Department of Water Resources › Section 89-01-01-02 - Water commission organization and functions

Current through Supplement No. 393, July, 2024
1.
Commissioners.
North Dakota Century Code section 61-02-04
				regulates commission membership. Two commissioners, the governor and the
				agriculture commissioner, are statewide officials elected for four-year terms.
				Eight commissioners representing the eight major drainage basins are appointed
				by the governor for staggered six-year terms. Under North Dakota Century Code
				section 61-02-05, the governor is the commission's chairman, and the governor
				designates a vice chairman.
2.
Commission secretary.
From 1941 through July 2021, the state
				engineer was the commission's statutory secretary. On August 1, 2021, the
				director of the department of water resources became the commission's statutory
				secretary. The secretary assists the commission by coordinating commission
				operations and relieving individual commissioners of administrative
				detail.
3.
Commission
				functions.
The commission's primary functions are to review and consider
				cost-share requests from project sponsors seeking financial assistance, and to
				foster and promote water resources development throughout the state, including
				southwest pipeline project construction, northwest area water supply project
				construction and operation, and operation and maintenance of the Devils Lake
				outlets.
General Authority:
NDCC 61-02-11
Law Implemented:
NDCC
					 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-02 - Definitions

Current through Supplement No. 393, July, 2024
Unless the context otherwise requires, the following
				  definitions apply:
1. "Assessment
				drain" is defined in North Dakota Century Code section 61-16.1-02.
2. "Board" is defined in North Dakota Century
				Code section 61-21-01.
3.
				"District" means water resource district.
4. "Drain" is defined in North Dakota Century
				Code section 61-21-01.
5.
				"Department" is defined in North Dakota Century Code section
				61-03-01.2.
6. "Director" is
				defined in North Dakota Century Code section 61-03-01.2.
7. "Emergency" means a situation that will
				cause significant damage to people or property if not addressed immediately and
				that would not occur under normal circumstances. An emergency may exist because
				of an extremely wet hydrologic cycle. Damages caused by deliberate acts may not
				constitute an emergency.
8. "Lake"
				means a well-defined basin that characteristically holds water throughout the
				year. Lakes go dry only after successive years of below normal runoff and
				precipitation.
9. "Lateral drain"
				is defined in North Dakota Century Code section 61-21-01.
10. "Maintenance" means removal of silt and
				vegetation from a drain. Maintenance does not include deepening or widening a
				drain.
11. "Parties of record"
				means each person named or admitted as a party or properly seeking and entitled
				to be admitted as a party.
12.
				"Pond" means a well-defined land depression or basin that holds water in normal
				years throughout the summer. Ponds generally go dry only in years of below
				normal runoff and precipitation.
13. "Pond, slough, lake, sheetwater, or any
				series thereof" means ponds, sloughs, lakes, or sheetwater that are
				hydrologically linked.
14.
				"Sheetwater" is defined in North Dakota Century Code section
				61-32-03.
15. "Slough" includes two
				types:
a. Seasonal slough: a depression that
				holds water in normal years from spring runoff until approximately mid-July. In
				years of normal runoff and precipitation, a seasonal slough is usually not
				tilled, but can be used for hayland or pasture. In low runoff, dry years, these
				areas generally are tilled for crop production, but commonly reflood with
				frequent or heavy summer or fall rains.
b. Temporary slough: a shallow depression
				that holds water from spring runoff until approximately early June. In years of
				normal runoff and precipitation, a temporary slough is usually tilled for crop
				production. In years of high runoff or heavy spring rain, a temporary slough
				may not dry out until mid-July and generally would not be tilled, but may be
				used for hayland or pasture. A temporary slough frequently refloods during
				heavy summer or fall rains.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-03 - Permit required

Current through Supplement No. 393, July, 2024
In addition to North Dakota Century Code section 61-32-03, a
				  permit is required for:
1. An
				assessment drain.
2. Construction
				of a lateral drain.
3. Modification
				of a previous permit, which includes deepening, widening, or extending a
				drain.
4. Pumping, gravity, or
				placement of fill.
General Authority:
NDCC 28-32-02,
					 61-03-13
Law Implemented:
NDCC
					 61-32-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-05 - Exceptions to the need for a permit

Current through Supplement No. 393, July, 2024
1. A drainage
				permit under section
				89-02-01-03 is not required for
				maintenance of a drain.
2. The
				provisions of section
				89-02-01-03 do not apply to any
				drain constructed under the direct and comprehensive supervision of the
				following federal or state agencies:
a. The
				state water commission;
b. The
				department;
c. The army corps of
				engineers;
d. The natural resources
				conservation service for projects constructed under the Watershed Protection
				and Flood Prevention Act [Pub. L. 83-566;
				16 U.S.C.
				1001];
e. The bureau of reclamation for projects
				that are part of the originally (1965) authorized Garrison diversion unit
				authorized;
f. The state department
				of transportation for federal aid projects; and
g. The public service commission for surface
				mining projects.
However, these agencies must notify the department of any
				  proposed drainage projects under their direct supervision during the planning
				  stages.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-06 - Determination of watershed area

Current through Supplement No. 393, July, 2024
The determination of the watershed area must be made using
				  the best available maps or surveys. LiDAR information or a survey conducted
				  under the supervision of a registered land surveyor are preferred. Published
				  seven and one-half minute topographic maps may also be utilized. This
				  information may be supplemented by aerial photographs of the watershed or by an
				  onsite investigation requested by the applicant or board or if the department
				  determines it is necessary.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-07 - Filing application

Current through Supplement No. 393, July, 2024
Any person desiring a drainage permit must file an
				  application with the department on a form provided by the department. If
				  requested by the department or the board, the applicant must provide an
				  engineering analysis showing the downstream impacts of the proposed drainage.
				  The analysis may need to include a determination of the drain's and receiving
				  watercourse's capacities and a volume and timing comparison of predrainage and
				  postdrainage flows. If the application is incomplete or the information is
				  insufficient to enable the director or board to make an informed decision on
				  the application, it will be returned to the applicant for correction.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-08 - Referral of applications to appropriate district

Current through Supplement No. 393, July, 2024
Upon receipt of a properly completed application, the
				  department must determine whether the application involves drainage of
				  statewide or interdistrict significance under section
				  89-02-01-09. The department must
				  attach to the application any comments, recommendations, and engineering data
				  that may assist the district in making a determination on the application. The
				  application must then be referred to the district within which a majority of
				  the watershed of the pond, slough, lake, sheetwater, or any series thereof is
				  found.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-09 - Criteria for determining whether drainage is of statewide or interdistrict significance

Current through Supplement No. 393, July, 2024
In determining whether the proposed drainage is of statewide
				  or interdistrict significance, the department must consider:
1. Drainage affecting property owned by the
				state or its political subdivisions.
2. Drainage of sloughs, ponds, or lakes
				having recognized fish and wildlife values.
3. Drainage having a substantial effect on
				another district.
4. Drainage
				converting previously noncontributing areas (based on the National Oceanic and
				Atmospheric Administration Atlas 14 twenty-five year event - four percent
				chance) into permanently contributing areas.
5. For good cause, the department may
				classify or refuse to classify any proposed drainage as having statewide or
				interdistrict significance.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-09.1 - Board procedure for processing applications to drain

Current through Supplement No. 393, July, 2024
1. The board must
				use the following procedure to process a drainage permit application of
				statewide or interdistrict significance:
a.
				Upon receipt of an application to drain, the board must set the date, time, and
				place for a meeting at which it will receive testimony pertinent to the
				application. At the applicant's expense, the board must give notice by mail at
				least twenty days before the date set for the meeting to:
(1) The applicant.
(2) All record title owners and holders of a
				contract for deed whose property the proposed drain would cross.
(3) All downstream riparian landowners who
				the board determines have the potential to be adversely impacted.
(4) Any board whose district would be
				substantially affected.
(5) The
				state game and fish department.
(6)
				The department of environmental quality.
(7) The department of transportation, county
				commissioners, or board of township supervisors if the proposed drain will
				affect or cross the right of way of any public highway, street, or road within
				their jurisdictions.
(8) The
				department.
(9) The natural
				resources conservation service.
(10) Any person who has made a written
				request for notification of the project and has advanced the cost of providing
				that notification.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-09.2 - Evaluation of applications - Factors considered

Current through Supplement No. 393, July, 2024
All applications to drain must consider the following
				  factors:
1. The water volume proposed
				to be drained and its impact upon the watercourse into which it will be
				drained.
2. Adverse effects that
				may occur to downstream landowners. This factor is limited to the project's
				hydrologic effects, such as erosion, flood duration sustained flows impacts,
				and downstream water control device operation impacts.
3. The engineering design and other physical
				aspects of the drain.
4. The
				project's impact on flooding problems in the project watershed.
5. The project's impact on ponds, sloughs,
				streams, or lakes having recognized fish and wildlife values.
6. The project's impact on agricultural
				lands.
7. Whether easements are
				required.
8. Other factors unique
				to the project.
General Authority:
NDCC 28-32-02,
					 61-03-13
Law Implemented:
NDCC 61-01-26, 61-16.1-10(3),
					 61-32-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-09.3 - Time for determination by board

Current through Supplement No. 393, July, 2024
The board must make a determination on the application within
				  one hundred twenty days of receipt. This time limit may be extended only with
				  the written consent of the director. A request for a time extension must be in
				  writing to the department and must set forth the reason for the request. If no
				  determination has been made and no extension has been requested, unless the
				  director determines that a unique or complex situation exists, the application
				  is void.
For applications involving assessment drains, the one hundred
				  twenty-day time period does not begin until the date the assessments are
				  established by the board and no longer subject to appeal.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-09.4 - Evaluation of applications by the director of statewide or interdistrict significance - Information to be used

Current through Supplement No. 393, July, 2024
In the director's evaluation of statewide or interdistrict
				  significance applications, the director must use all relevant documentary
				  information submitted and oral testimony given for the board's consideration at
				  its meeting. The director may use any information in the files and records
				  retained by the department or engineering information developed or obtained
				  through investigation of the project area by the department's staff.
The director may also request information or comment from
				  independent sources, but is not required to delay the decision for more than
				  thirty days from the date of request while waiting for comment from these
				  sources. All information used must be relevant and is part of the
				  record.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-09.5 - Procedure, availability, and contents of notice of director's decision to grant or deny application of statewide or interdistrict significance

Current through Supplement No. 393, July, 2024
1. The department
				must provide a copy of the determination to the parties of record.
2. The notice of decision must include:
a. The name of the drain;
b. The applicant's name;
c. Whether the application was granted or
				denied;
d. The date of the
				decision;
e. The availability of
				the full text of the decision;
f.
				That a hearing may be requested on the project within thirty days of the date
				of service of the director's decision; and
g. The request for a hearing must be in
				writing, specifically state facts from which the person requesting the hearing
				is factually aggrieved by the director's decision, and what material facts or
				conclusions are believed to be erroneous and why they are believed to be
				erroneous.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-09.6 - Request for department's hearing

Current through Supplement No. 393, July, 2024
All requests for a formal hearing on a project must be made
				  in writing to the department within thirty days of the date of service of the
				  director's decision. The request must specifically state facts from which it is
				  evident the person requesting the hearing is factually aggrieved by the
				  director's decision and must state which material facts or conclusions are
				  believed to be erroneous and why they are believed to be erroneous.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-03-22,
					 61-32-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-09.7 - Notice of department's hearing

Current through Supplement No. 393, July, 2024
If the director determines that a request for a hearing on an
				  application of statewide or interdistrict significance is valid and
				  well-founded, the department must set a date for a hearing and publish notice
				  in the official newspaper of the county where a majority of the drainage basin
				  is located. Publication must be once a week for two consecutive weeks. One of
				  the publications must be published at least twenty days before the hearing. The
				  person requesting the hearing must give notice by certified mail to the
				  department of environmental quality, the state game and fish department, the
				  state department of transportation, and all parties of record to the board's
				  hearing at least twenty-one days before the hearing. If such notice is not
				  provided, the hearing will not be held. The notice must give essential
				  information about the proposed drainage application, including the date, time,
				  and location of the hearing. All hearings will be held in Bismarck.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-03-22
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-09.8 - Evidence at the department's hearing

Current through Supplement No. 393, July, 2024
Evidence at the department's hearing may be confined to the
				  matters raised by any request of hearing described in section
				  89-02-01-09.6.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-03-22,
					 61-32-03