reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-02 - Coal › Section 85-06-02-07 - Voluntary release

Current through Supplement No. 393, July, 2024
To request a voluntary release of a coal lease, or portion of
				  a coal leased premises, a lessee shall submit a written request to the
				  department utilizing the form available on the department's website and all
				  other documents requested by the department. Approval of a voluntary release is
				  at the discretion of the commissioner and the department shall notify the
				  lessee in writing whether or not the voluntary release is approved. All coal
				  lease obligations must be current at the time the voluntary release is
				  approved. The lessee remains bound by the terms and conditions of the coal
				  lease, board rules and policies, and applicable laws, until the voluntary
				  release is approved by the commissioner.
General Authority:
NDCC 15-05-05, 15-05-09,
					 15-07-20, 15-08.1-06, 61-33-06
Law Implemented:
NDCC 15-05-01,
					 15-05-09
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-02 - Coal › Section 85-06-02-08 - Breach of coal lease

Current through Supplement No. 393, July, 2024
1. A coal
				lease may be canceled for:
a. Nonpayment of
				any sum due under the coal lease;
b. Breach of any of the coal lease terms or
				conditions provided the cancellation does not release lessee from liability for
				any sum due lessor or from any damages due to the breach; or
c. Violation of the board rules and policies,
				and applicable laws.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-02 - Coal › Section 85-06-02-09 - Board review

Current through Supplement No. 393, July, 2024
Within thirty days of a decision under these rules, an
				  aggrieved party may request the commissioner review the decision. The aggrieved
				  party seeking review shall submit any information required by the commissioner
				  as part of this request. Within thirty days of the commissioner review, the
				  aggrieved party may request board review and the commissioner shall recommend
				  if board review is warranted.
General Authority:
NDCC 15-05-05, 15-05-09,
					 15-07-20, 15-08.1-06, 61-33-06
Law Implemented:
NDCC 15-05-01,
					 15-05-09
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-02 - Coal › Section 85-06-02-10 - Minimum delay rentals

Current through Supplement No. 393, July, 2024
1. The
				minimum delay rental is five dollars per acre per year payable for as long as
				the coal lease is in full force and effect.
2. The first year of delay rental must be
				paid upon the issuance of a coal lease. The delay rental for each subsequent
				year of the coal lease is due and payable before the anniversary date of the
				coal lease.
General Authority:
NDCC 15-05-05, 15-05-09,
					 15-07-20, 15-08.1-06, 61-33-06
Law Implemented:
NDCC 15-05-01, 15-05-09,
					 15-05-10
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-02 - Coal › Section 85-06-02-11 - Royalty

Current through Supplement No. 393, July, 2024
Royalties are due to the lessor for coal mined or saved from
				  the coal leased premises. If any other valuable substance is found or
				  discovered during exploration or coal mining operations, the operator must
				  notify the department prior to extraction.
General Authority:
NDCC 15-05-05, 15-05-09,
					 15-07-20, 15-08.1-06, 61-33-06
Law Implemented:
NDCC 15-05-01, 15-05-09,
					 15-05-10
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-02 - Coal › Section 85-06-02-12 - Assignments

Current through Supplement No. 393, July, 2024
A lessee shall submit a written request to the department for
				  an assignment of coal lease utilizing the form available on the department's
				  website. A request for assignment must include any documents requested by the
				  department. The lessee shall submit a coal lease assignment fee, in an amount
				  set by the board, to the department with the request. Approval of an assignment
				  is at the discretion of the commissioner and the department shall notify the
				  lessee in writing whether or not the assignment is approved. All coal lease
				  obligations must be current at the time the assignment is approved. The lessee
				  remains bound by the terms and conditions of the coal lease, board rules and
				  policies, and applicable laws, until the assignment is approved by the
				  commissioner. Upon approval of the assignment, the assignee is bound by all the
				  terms and conditions of the coal lease, board rules and policies, and
				  applicable laws. The assignor shall provide the department with a copy of the
				  fully executed assignment within thirty days from the approval.
General Authority:
NDCC 15-05-05, 15-05-09,
					 15-07-20, 15-08.1-06, 61-33-06
Law Implemented:
NDCC 15-05-01, 15-05-09,
					 15-05-15
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-02 - Coal › Section 85-06-02-13 - Surface owner protection

Current through Supplement No. 393, July, 2024
For a coal lease or prospecting permit for which the board is
				  leasing or granting the right to explore for coal and has no interest in the
				  surface estate, the lessee or permittee shall comply with North Dakota Century
				  Code chapter 38-18.
General Authority:
NDCC 15-05-05, 15-05-09,
					 15-07-20, 15-08.1-06, 61-33-06
Law Implemented:
NDCC 15-05-01,
					 15-05-09
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-02 - Coal › Section 85-06-02-14 - Financial obligation to reclaim

Current through Supplement No. 393, July, 2024
The lessee shall pay the entire cost of reclamation
				  necessitated by the coal mining operation.
General Authority:
NDCC 15-05-05, 15-05-09,
					 15-07-20, 15-08.1-06, 61-33-06
Law Implemented:
NDCC 15-05-01,
					 15-05-09
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-02 - Coal › Section 85-06-02-15 - Reports of lessee - Delinquency penalty

Current through Supplement No. 393, July, 2024
A statement and payment of royalty must be received by the
				  department on or before the last day of the month following the mining and
				  removal of coal from the premises.
1.
				The royalty payment and reporting deadline may be extended by the commissioner
				upon written request. An extension, if granted, only applies to future royalty
				payments and reporting.
2. Any sum,
				other than delay rentals, not paid when due is delinquent and is subject to a
				delinquency penalty of one percent of the sum for each thirty-day period of
				delinquency or fraction of delinquency period, unless a waiver is granted by
				the commissioner.
3. A lessee has
				thirty days from the date of the receipt of a notice of a penalty assessment to
				pay the penalty or request a waiver.
a. A
				request for a waiver of the penalty must be in writing and provide the grounds
				for the request.
b. The following
				factors may be considered when deciding to waive the penalty: the reason for
				the late payment; the degree of control the payor had over the late payment;
				any unusual or mitigating circumstances involved; the loss of interest earnings
				to the trust involved; and any other relevant factors.
c. The commissioner, for good cause, may
				waive up to twenty-five thousand dollars of the penalty initially sought. A
				request for penalty waiver in excess of twenty-five thousand dollars must be
				presented to the board, with the commissioner's recommendation, for review and
				decision.
d. A waiver of penalty
				does not constitute a waiver of the right to seek the full amount of the
				penalty if the initial claim for royalty payment is not paid. If a claim for
				unpaid royalties and penalties is settled and payment received, the amount of
				penalties not collected is deemed waived.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-06 - Minerals Management › Chapter 85-06-02 - Coal › Section 85-06-02-16 - Audit and examination

Current through Supplement No. 393, July, 2024
1. The
				department may audit and examine any records, including:
a. Cuttings, cores, logs, mine plans, and
				estimated tonnage in place from any coal leased premises;
b. Books, accounts, sales invoices, and
				receipts;
c. Contracts and other
				records pertaining to the production, transportation, sale, and marketing of
				the coal produced from the coal leased premises; and
d. Documents supporting the cost of the coal
				mining operation used for calculating the price per ton royalty.
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-01 - General Administration › Chapter 86-01-01 - Organization of Committee › Section 86-01-01-01 - Organization of administrative committee on veterans' affairs

Current through Supplement No. 393, July, 2024
1.
Administrative committee on
				veterans' affairs.
The committee consists of fifteen voting members and
				four ex officio nonvoting members. The voting members are appointed by the
				governor for staggered terms from nominees submitted by the American legion,
				the veterans of foreign wars, the disabled American veterans, veterans of world
				war II, Korea, and Vietnam (amvets), and Vietnam Veterans of America (VVA),
				incorporated. Ex officio members are the adjutant general, the center director
				of the veterans' administration, and the executive director of job service
				North Dakota. The committee is in charge of the supervision, government, and
				implementation of programs or services provided by the veterans' home and the
				department of veterans' affairs.
2.
Department of veterans' affairs.
The department was established by the 1945 legislative assembly. Prior
				to that it had been known as the office of the veterans' service commissioner
				which was established in 1927. The board of county commissioners of each county
				in the state may appoint, employ, and pay on a full-time basis a veteran known
				as a county veterans service officer. Such appointment must be made with the
				prior advice of the commissioner of veterans' affairs and in accordance with
				veterans preference as provided by state statute. The department of veterans'
				affairs supervising and cooperating with the county service officers shall
				assist in providing all veterans and their dependents in obtaining all benefits
				to which they may be entitled to from the veterans administration, the state of
				North Dakota, and allied agencies. A loan program is also administered by the
				department of veterans' affairs to give financial assistance to veterans as
				defined in state statute as a "veteran". The department is under the
				supervision of a commissioner who is appointed by the administrative committee
				on veterans' affairs.
3.
Veterans' home.
The veterans' home, located at Lisbon, North
				Dakota, admitted its first veteran in August 1893. The purpose of the home is
				to provide domiciliary care for honorable discharged members of the armed
				forces, their spouses, and surviving spouses. The home is under the supervision
				of a commandant who is appointed by the administrative committee on veterans'
				affairs.
4.
Inquiries.
Assistance or inquiries relating to veterans' benefits or the veterans'
				home may be addressed as follows:
Ray Harkema, Commissioner
North Dakota Department of Veterans' Affairs
1411 32nd Street South
P. O. Box 9003
Fargo, North Dakota 58106-9003
or
Ken Anderson, Commandant
North Dakota Veterans' Home
P. O. Box 673
Lisbon, North Dakota 58054
General Authority: NDCC 28-32-02.1
Law Implemented: NDCC 28-32-02.1
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-02 - Department of Veterans' Affairs › Chapter 86-02-01 - Veterans' Rights to Reemployment › Section 86-02-01-01 - Reinstatement to former employment

Current through Supplement No. 393, July, 2024
The procedures of this chapter establish a means whereby
				  individuals having been denied reinstatement to a former position may pursue
				  their request for reinstatement as provided in the North Dakota Century Code
				  section  37-01-25.1.
General Authority:
NDCC
				   37-01-25.1
Law Implemented:
NDCC
				   37-01-25.1
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-02 - Department of Veterans' Affairs › Chapter 86-02-01 - Veterans' Rights to Reemployment › Section 86-02-01-02 - Notice of appeal

Current through Supplement No. 393, July, 2024
Any individual entitled to reinstatement to a former position
				  as set forth in the North Dakota Century Code section
				   37-01-25.1 may make the
				  individual's case known to the department of veterans' affairs of North Dakota
				  and seek assistance in reinstatement by completing notice of appeal form,
				  DVA-Appeal-1, supplying the information requested in the notice of appeal in
				  specific detail. The information so provided in affidavit form, sworn to and
				  notarized, shall be delivered to the commissioner of veterans' affairs, post
				  office box 1287, 1017 fourth avenue north, Fargo, North Dakota 58102. Notice of
				  appeal forms, DVA-Appeal-1, are available through the department of veterans'
				  affairs in Fargo, North Dakota, or may be obtained through any county veteran
				  service officer in the state. The commissioner or any county service officer
				  will assist an applicant in the completion of notice of appeal whenever
				  assistance is requested.
General Authority:
NDCC
				   37-01-25.1
Law Implemented:
NDCC
				   37-01-25.1
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-02 - Department of Veterans' Affairs › Chapter 86-02-01 - Veterans' Rights to Reemployment › Section 86-02-01-03 - Employer response request

Current through Supplement No. 393, July, 2024
Upon receipt of the notice of appeal, the commissioner shall
				  immediately arrange to advise the employer, by letter, of the notice of appeal
				  and its total content, through a copy of the notice of appeal. The employer
				  shall then be provided an opportunity to respond by sworn affidavit setting
				  forth the facts in the matter. The employer will be advised, at the time of the
				  communication notifying the employer of the content of the appeal, that the
				  employer has twelve days to provide information to be considered by the
				  commissioner prior to the commissioner's determination and issuance of an
				  order.
General Authority:
NDCC
				   37-01-25.1
Law Implemented:
NDCC
				   37-01-25.1
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-02 - Department of Veterans' Affairs › Chapter 86-02-01 - Veterans' Rights to Reemployment › Section 86-02-01-04 - Issuance of order

Current through Supplement No. 393, July, 2024
Immediately following the twelve-day period provided for the
				  employer to respond, the commissioner will carefully examine the information
				  available and will either prepare an order to deny the applicant's request or
				  order the officer, or other appointing power, to comply with the provisions of
				  the North Dakota Century Code relative to reinstatement to former position.
				  When the decision of the commissioner orders reinstatement, the order shall
				  direct the employer to effect such reinstatement immediately or, in lieu of
				  immediate reinstatement, make satisfactory arrangements for a reinstatement
				  date concurred in by the applicant.
General Authority:
NDCC
				   37-01-25.1
Law Implemented:
NDCC
				   37-01-25.1
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-02 - Department of Veterans' Affairs › Chapter 86-02-01 - Veterans' Rights to Reemployment › Section 86-02-01-05 - Employer failure to implement the order of the commissioner

Current through Supplement No. 393, July, 2024
In the event an order of the commissioner to reinstate does
				  not effect such reinstatement, the applicant will be contacted and offered the
				  services of the department to pursue the applicant's appeal through the
				  district courts, if the applicant so desires.
General Authority:
NDCC
				   37-01-25.1
Law Implemented:
NDCC
				   37-01-25.1
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-01 - Admissions - Application, Eligibility Requirements, Board of, Denial of, Orientation, Readmission › Section 86-03-01-01 - Application for admission - Form, content, approval

Current through Supplement No. 393, July, 2024
1.
				Application will be submitted to the North Dakota veterans' home basic or
				skilled care unit.
a. If a member of the
				board of admissions determines that insufficient information is available to
				properly process the application, an authorization to disclose information form
				shall be sent to the applicant to be signed and returned so that additional
				specific information may be obtained.
b. A verification of residency must be signed
				prior to admission.
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-01 - Admissions - Application, Eligibility Requirements, Board of, Denial of, Orientation, Readmission › Section 86-03-01-02 - Admission eligibility requirements

Current through Supplement No. 393, July, 2024
1. An applicant
				must come within the definition of "basic care" as defined in North Dakota
				Century Code section
				 23-09.3-01 to be eligible for
				admission to the basic care unit of the home. No applicant shall be considered
				eligible for residency whose last period of service in the armed forces was
				terminated under dishonorable conditions.
2. No applicant may be admitted to the home
				who has been convicted of a felony or a crime involving moral turpitude,
				without producing sufficient evidence of subsequent good conduct and
				reformation of character so as to be satisfactory to the board of admissions.
				An applicant who has a history of chronic alcoholism or drug addiction may be
				accepted only if the problem is under control as determined by a home physician
				or addiction counselor and assurance is received from the applicant that
				prescribed medical advice shall be followed after admission to the home.
				Stipulations for admission shall be contained in the acceptance letter.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 37-15-00.1, 37-15-02, 37-15-03
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-01 - Admissions - Application, Eligibility Requirements, Board of, Denial of, Orientation, Readmission › Section 86-03-01-03 - Board of admissions - Composition, duties

Current through Supplement No. 393, July, 2024
1. The
				board of admissions shall consist of administration, social services, nursing,
				and an individual from a certified medical field.
2. Board of admissions members will make
				their decision on the merits of the submitted applications.
3. Each board member, or the administrator's
				designee in the administrator's absence, with the exception of the
				administrator, shall have one vote to accept or reject the application. If a
				tie vote occurs, or an application is disapproved, the administrator, or
				designee in the administrator's absence, shall call a meeting of the board and
				the reasons for denial shall be reviewed. The administrator or designee shall
				vote to break the tie, request additional information if sufficient information
				is not available to make a decision, or write a letter of denial to the
				applicant.
4. Processing of an
				application shall be completed within ten working days of receipt; provided the
				application is completed properly, and sufficient medical and financial
				information is available to make a determination.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 37-15-03, 37-18.1-03(5)
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-01 - Admissions - Application, Eligibility Requirements, Board of, Denial of, Orientation, Readmission › Section 86-03-01-04 - Denial of admission -Appeal

Current through Supplement No. 393, July, 2024
1. The applicant
				must be notified, in writing, as to the reason or reasons for denial of
				admission to the home. The applicant must also be given notice of the right to
				appeal the decision, and that any appeal must be in writing and received by the
				administrator within thirty days of the notice of denial of admission.
2. Any notice of appeal received
				by the administrator shall be reviewed and forwarded to the chairman of the
				North Dakota veterans' home governing board. All documents submitted with the
				appellant's application for admission must also be forwarded to the chairman.
				The North Dakota veterans' home governing board must give the appellant at
				least forty-five days' notice as to the time, date, and place of the hearing of
				appeal. This notice must be sent by certified mail return receipt requested. If
				the appellant is not satisfied with the decision of the North Dakota veterans'
				home governing board, the appellant may appeal to a court under the procedures
				outlined in the Administrative Agencies Practice Act as set forth in North
				Dakota Century Code chapter
				 28-32.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-05, 37-15-03, 37-15-10(3), 37-18.1-03(5)
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-01 - Admissions - Application, Eligibility Requirements, Board of, Denial of, Orientation, Readmission › Section 86-03-01-05 - Admission orientation [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-01 - Admissions - Application, Eligibility Requirements, Board of, Denial of, Orientation, Readmission › Section 86-03-01-06 - Readmission requirements

Current through Supplement No. 393, July, 2024
A former resident may be readmitted if a new application has
				  been submitted and approved by the board of admissions and all money owed to
				  the home by the former resident has been paid or arrangements made for payment
				  and approved by the board of admissions.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 37-15-03, 37-15-10(3), 37-18.1-03(5)
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-02 - Resident - Funds, Charges, Finances › Section 86-03-02-01 - Resident rent

Current through Supplement No. 393, July, 2024
Rent is based on the resident's ability to pay and on the
				  rate structure established by the administrative committee on veterans'
				  affairs. The rent is based upon a resident's income and allowable expenses, in
				  accordance with the rent policy established by the administrative committee on
				  veterans' affairs.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 37-15-03, 37-15-14.1
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-02 - Resident - Funds, Charges, Finances › Section 86-03-02-03 - Resident - Payment of charges

Current through Supplement No. 393, July, 2024
Residents have an obligation to pay charges they incur at the
				  home. Residents who become delinquent in paying these charges may be subject to
				  discharge. Residents or their guardians are responsible for payment of monthly
				  charges.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 37-15-03, 37-18.1-03(5)
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-02 - Resident - Funds, Charges, Finances › Section 86-03-02-05 - Annual review of resident finances Basic care

Current through Supplement No. 393, July, 2024
Each resident's finances are reviewed in December of each
				  year or as financial situations change. Residents must declare all monthly
				  income and expenses, and provide verification of amounts. When accurate
				  information has not been furnished, the facility shall charge the maximum rent
				  until such time as correct information is provided.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 37-15-03, 37-18.1-03(5)
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-03 - Services Available to Residents › Section 86-03-03-03 - Mail - Basic care

Current through Supplement No. 393, July, 2024
Each resident shall be assigned a mailbox at the home. Mail a
				  resident receives should be properly addressed to the resident in care of the
				  North Dakota veterans' home. A resident may rent a mailbox at the local post
				  office.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 37-15-03, 37-18.1-03(5)
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-03 - Services Available to Residents › Section 86-03-03-07 - Religious services

Current through Supplement No. 393, July, 2024
Residents may or may not participate in a religious program
				  of their choice. Residents with individual preferences may attend a local
				  church of their choice, with transportation being the responsibility of the
				  resident.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 37-15-03, 37-18.1-03(5)
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-05 - Resident - Rights, Privileges, Responsibilities › Section 86-03-05-01 - Resident bill of rights - Responsibilities [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-05 - Resident - Rights, Privileges, Responsibilities › Section 86-03-05-02 - Resident dress code-Violations [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-05 - Resident - Rights, Privileges, Responsibilities › Section 86-03-05-04 - Use of alcohol or controlled substances - Prohibited

Current through Supplement No. 393, July, 2024
Residents shall comply with the provisions of North Dakota
				  Century Code section
				   48-05-06. A resident who is found
				  to have any alcoholic beverages or controlled substances on the premises is
				  subject to discharge and civil court for violation of North Dakota Century Code
				  section  48-05-06.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 37-15-03, 37-18.1-03(5), 48-05-06
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-05 - Resident - Rights, Privileges, Responsibilities › Section 86-03-05-05 - Guests -Visitation [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-05 - Resident - Rights, Privileges, Responsibilities › Section 86-03-05-07 - Resident council - Composition [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-05 - Resident - Rights, Privileges, Responsibilities › Section 86-03-05-09 - Resident complaints - Appeals

Current through Supplement No. 393, July, 2024
The regional ombudsman may be contacted at any time about a
				  complaint or be asked to assist a resident in the complaint process. The North
				  Dakota veterans' home will have formal complaint or grievance processes in
				  place.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-05, 37-15-03, 37-18.1-03(5)
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-06 - Activities - Restrictions - Employment › Section 86-03-06-01 - Canvassing - Peddling - Soliciting

Current through Supplement No. 393, July, 2024
Canvassing, peddling, or soliciting may not be conducted in
				  the buildings or on the grounds of the veterans' home. However, the
				  administrator may authorize and establish conditions for solicitation at the
				  home by charitable or veterans' organizations. Solicitations may not be made,
				  in any event, from room to room.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 37-15-03, 37-18.1-03(5)
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-06 - Activities - Restrictions - Employment › Section 86-03-06-02 - Searches to enforce home rules and state laws

Current through Supplement No. 393, July, 2024
The administrator or other staff may examine automobiles,
				  baggage, clothing, and other personal items if such examination is considered
				  necessary to enforce the rules and regulations of the home and the laws of this
				  state and is based upon a reasonable suspicion.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 37-15-03, 37-18.1-03(5)
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-06 - Activities - Restrictions - Employment › Section 86-03-06-03 - Resident possession of firearms

Current through Supplement No. 393, July, 2024
A resident may not possess a firearm in the buildings or on
				  the grounds of the home.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 37-15-03, 37-18.1-03(5), 62.1-02-05
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-07 - Hours - Passes and Leaves - Discharges › Section 86-03-07-02 - Passes and leaves [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-07 - Hours - Passes and Leaves - Discharges › Section 86-03-07-03 - Discharges

Current through Supplement No. 393, July, 2024
1. A resident may discharge at any time upon
				request.
2. The administrator may
				issue a thirty-day notice of discharge for infringement of the veterans' home's
				rules and regulations. Arrest or conviction of a felony are grounds for
				discharge. Issuance of a discharge by the administrator for disciplinary
				reasons disqualifies a resident from gaining readmission to the home for six
				months.
3. Upon discharge, a
				resident needs to remove personal property from the grounds within thirty days.
				Money credited to a resident shall be released only after all outstanding bills
				have been paid.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 37-15-03, 37-18.1-03(5)
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-08 - Rules Governing Property › Section 86-03-08-03 - Disposition of personal property upon discharge

Current through Supplement No. 393, July, 2024
A resident who is discharged and who has personal items
				  remaining at the home shall have thirty days to remove those items from the
				  premises. If a resident fails to make arrangements for the disposition of
				  personal items remaining at the home within thirty days, the administrator may
				  dispose of the property using proper procedure.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 37-15-03, 37-18.1-03(5)
North Dakota Administrative Code › Title 86 - Veterans' Affairs, Administrative Committee on › Article 86-03 - Rules and Regulations for Admission and Residency at the North Dakota Veterans' Home › Chapter 86-03-10 - Violation - Enforcement of Rules and Regulations › Section 86-03-10-01 - Violation - Enforcement of rules and regulations

Current through Supplement No. 393, July, 2024
The administrator shall enforce all necessary rules and
				  regulations for the administration of the home as promulgated by the North
				  Dakota veterans' home governing board. The administrator may discharge a
				  resident or impose disciplinary action considered consistent with the nature of
				  the offense committed for any willful violation of the rules and regulations
				  for admission and residency at the North Dakota veterans' home.
General Authority: NDCC 28-32-02 Law
Implemented: NDCC 37-15-03, 37-18.1-03(5)
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-01 - General Administration › Chapter 87-01-01 - Organization of Board › Section 87-01-01-01 - Organization of board of veterinary medical examiners

Current through Supplement No. 393, July, 2024
1.
History.
The 1895 legislative
				assembly passed a law entitled "Qualifications of Veterinarians" which requires
				the governor to appoint a board of veterinary examiners, known as the state
				board of veterinary medical examiners.
2.
Board membership.
The board
				consists of five members (three veterinarians, one veterinary technician, and
				one public member) who serve three-year terms, with no more than two terms
				expiring each year.
3.
Compensation of members of board.
A member of the board may
				receive for each day during which that member is actually engaged in the
				performance of the duties of office a per diem in the amount of one hundred
				twenty-five dollars.
4.
Executive secretary.
The board employs an executive secretary and
				such other persons necessary to carry out administration of the board's
				activities.
5.
Inquiries.
Inquiries regarding the board may be directed to the
				executive secretary
General Authority:
NDCC 28-32-02,
					 43-29-03
Law Implemented:
NDCC 28-32-02, 43-29-02,
					 43-29-05, 43-29-05.1
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-01.1 - Veterinarian Licensure Examination › Chapter 87-01.1-01 - Examination and Waiver › Section 87-01.1-01-01 - Examination - Waiver

Current through Supplement No. 393, July, 2024
1. To qualify for a
				North Dakota license, each applicant must take and pass a North Dakota
				examination, and the national board examination and the clinical competency
				test or the North American veterinary licensing examination. The North Dakota
				examination is a jurisprudence examination that may be administered by written
				or electronic methods. At the board's discretion, an oral interview may be
				required.
2. The board adopts the
				passing score on the national examination recommended by the international
				council for veterinary assessment. Applicants must request that their
				examination scores be sent to the board.
3. The North American veterinary licensing
				examination is required of all applicants for licensure in North Dakota who
				have been in practice less than five years. For an applicant who has been in
				practice more than five years, the applicant may petition the board to waive
				this requirement if the applicant meets the requirements of North Dakota
				Century Code section 43-29-07.2.
4.
				The North Dakota examination may not be waived.
5. A senior veterinary student may take the
				North Dakota examination if the student has taken and passed the North American
				veterinary licensing examination and submits a letter from the dean of a
				veterinary college indicating the student's anticipated graduation
				date.
6. North Dakota candidates
				may apply for and take the North American veterinary licensing examination
				according to eligibility criteria, deadlines, and fees specified in the annual
				agreement between the board and the international council for veterinary
				assessment.
7. Beginning with the
				fall 2007 administration of the North American veterinary licensing
				examination, a candidate may not take the examination more than five times, and
				may not take the examination at a date that is later than five years after a
				candidate's initial attempt. Each of the final two attempts must be at least
				one year from the previous attempt.
General Authority:
NDCC 43-29-03,
					 43-29-07.2
Law Implemented:
NDCC
					 43-29-07.2
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-01.1 - Veterinarian Licensure Examination › Chapter 87-01.1-01 - Examination and Waiver › Section 87-01.1-01-02 - Examination application fee

Current through Supplement No. 393, July, 2024
An applicant for the North Dakota examination must file with
				  the board a completed application, a copy of the applicant's diploma or other
				  official proof of graduation, and an examination fee of seventy-five dollars.
				  The examination fee will not be refunded. All required material and money must
				  be submitted thirty days prior to the examination date.
General Authority:
NDCC 43-29-07.2
Law Implemented:
NDCC
					 43-29-07.2
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-01.1 - Veterinarian Licensure Examination › Chapter 87-01.1-01 - Examination and Waiver › Section 87-01.1-01-03 - Temporary permit

Current through Supplement No. 393, July, 2024
An applicant who has taken and passed the national board
				  examination and clinical competency test or the North American veterinary
				  licensing examination and has not taken the North Dakota examination for good
				  cause, may obtain a permit to practice in North Dakota until the next
				  examination is given. The fee for the permit is forty dollars. A permit expires
				  on the date the next North Dakota examination is given.
General Authority:
NDCC 43-29-07.2
Law Implemented:
NDCC
					 43-29-07.2
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-01.1 - Veterinarian Licensure Examination › Chapter 87-01.1-01 - Examination and Waiver › Section 87-01.1-01-03.1 - Military member and military spouse licensure

Current through Supplement No. 393, July, 2024
The board shall adhere to the process for licensure of
				  military members and military spouses set forth in North Dakota Century Code
				  section 43-51-11.1.
General Authority:
NDCC 43-29-07.2
Law Implemented:
NDCC
					 43-29-07.2
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-01.1 - Veterinarian Licensure Examination › Chapter 87-01.1-01 - Examination and Waiver › Section 87-01.1-01-04 - Veterinarians from nonaccredited institutions

Current through Supplement No. 393, July, 2024
1. For a
				graduate of a nonaccredited veterinary college to qualify to write the North
				Dakota examination, the graduate must have a certificate issued by the
				educational commission for foreign veterinary graduates or the educational
				equivalence program of the American association of veterinary state boards.
2. All credentials from foreign
				institutions must be translated into English over the signature and seal of the
				consul of the country in which such documents may have been issued and said
				consul must certify that said institution is recognized and approved by the
				authorities as a veterinary college in the country where it is located.
3. Candidates from nonaccredited
				colleges must be enrolled in the educational commission for foreign veterinary
				graduates program or the educational equivalence program of the American
				association of veterinary state boards in order to be approved to take the
				North American veterinary licensing examination.
General Authority: NDCC 43-29-03, 43-29-07.2
Law Implemented: NDCC 43-29-07.2
North Dakota Administrative Code › Title 87 - Veterinary Medical Examiners, Board of › Article 87-02 - Veterinarian Licensure › Chapter 87-02-01 - Continuing Education Requirements › Section 87-02-01-01 - License renewal

Current through Supplement No. 393, July, 2024
1. Annual license
				renewal notice will be provided to all licensed veterinarians on or before June
				first and completed license renewal must be received by June
				thirtieth.
2. The annual license
				renewal fee for veterinarians is ninety dollars and must be received by June
				thirtieth of each year.
3. Renewals
				not received by the due date will be assessed a late fee of fifty percent of
				the license fee.
4. 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 and the North Dakota examination must be
				completed.
General Authority:
NDCC 43-29-03
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 87-02-01-02 - Educational program attendance required

Current through Supplement No. 393, July, 2024
Each licensed veterinarian, except as otherwise provided,
				  shall be required to receive twenty-four hours of veterinary continuing
				  education, approved by the board, in the twenty-four months preceding each
				  even-year renewal date. Veterinary continuing education is defined as an
				  educational program which will enhance the license holder's professional
				  ability to serve the public and which has the prior approval of the
				  board.
General Authority:
NDCC 43-29-03
Law Implemented:
NDCC 43-29-03,
					 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 87-02-01-03 - 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 an individual will
				be placed on inactive status and the individual subsequently may not practice
				veterinary medicine 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 87-02 - Veterinarian Licensure › Chapter 87-02-01 - Continuing Education Requirements › Section 87-02-01-04 - Educational program requirements

Current through Supplement No. 393, July, 2024
Veterinary continuing education may consist of the
				  following:
1. Programs sponsored by
				local, state, regional, or national veterinary 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 eight 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 eight hours of veterinary
				continuing education may relate to practice management. Programs designed to
				enhance the veterinarian's ability to earn money or invest money, or that
				relate to personal financial planning do not meet continuing education
				requirements.
8. A maximum of
				twelve hours of approved veterinary 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