reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-18 - Water Well Contractors › Chapter 33-18-01 - Water Well Construction and Water Well Pump Installation › Section 33-18-01-09 - Materials for water distribution

Current through Supplement No. 393, July, 2024
1.
Water service pipe.
a. Public
				water systems. Water service pipe from the well to the point of entrance to a
				pumphouse or building must be as shown on approved plans and specifications.
b. Private water systems. Water
				service pipe from the well to point of entrance to a pumphouse or building must
				be made of copper, galvanized steel, or approved plastic. Approved plastic
				(polyvinyl chloride, polyethylene, or polybutylene) must have a minimum
				pressure rating of one hundred sixty pounds per square inch at seventy-three
				degrees Fahrenheit [11.25 kilograms per square centimeter at 22.8 degrees
				Celsius]. Copper tube, when used underground, may not be less than type L. All
				threaded ferrous pipe and fittings must be galvanized or cement-lined and, when
				used underground in corrosive soil or filled ground, must be coal tar
				enamel-coated and threaded joints must be coated and wrapped when installed.
All piping must comply with applicable standards for such
				  piping. Polyvinyl chloride, polyethylene, and polybutylene pipe shall carry the
				  seal of the national sanitation foundation.
Permeation through polyethylene and polybutylene pipes by
				  organic contaminants (including petroleum byproducts) can occur resulting in
				  contamination of water supplies. Where there is known contamination of soils by
				  organics or a high probability that contamination of soils by organics may
				  occur, it is recommended that polyethylene and polybutylene pipe not be used to
				  construct water supply lines.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-18 - Water Well Contractors › Chapter 33-18-01 - Water Well Construction and Water Well Pump Installation › Section 33-18-01-10 - Cross-connection control - Backflow protection

Current through Supplement No. 393, July, 2024
All wells discharging to sources of contamination, such as
				  livestock watering tanks, must be provided with an approved backflow prevention
				  device or an airgap to prevent the backflow or siphonage of contaminants into
				  the well. The airgap should provide a minimum vertical distance between the
				  potable water pipe outlet and the water surface of not less than twice the
				  diameter of the outlet pipe. Greater distances are preferable.
Overflow lines from stock watering tanks or other sources of
				  contamination may not discharge to the well.
Please consult the North Dakota state plumbing code for
				  details.
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General Authority: NDCC 43-35-19, 43-35-19.1
Law Implemented: NDCC 43-35-19,
					 43-35-19.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-18 - Water Well Contractors › Chapter 33-18-02 - Ground Water Monitoring Well Construction Requirements › Section 33-18-02-01 - Purpose

Current through Supplement No. 393, July, 2024
The purpose of this chapter is to establish minimum
				  acceptable standards for the design, installation, construction,
				  decommissioning, and documentation of boreholes and ground water monitoring
				  wells.
General Authority: NDCC 43-35-19.2
Law Implemented: NDCC
					 43-35-19.2
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-18 - Water Well Contractors › Chapter 33-18-02 - Ground Water Monitoring Well Construction Requirements › Section 33-18-02-02 - Applicability

Current through Supplement No. 393, July, 2024
The installation, construction, and decommissioning of
				  boreholes and ground water monitoring wells must be supervised onsite by a
				  certified and licensed contractor.
General Authority: NDCC 43-35-19.2
Law Implemented: NDCC 43-35-18.2,
					 43-35-19.2
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-18 - Water Well Contractors › Chapter 33-18-02 - Ground Water Monitoring Well Construction Requirements › Section 33-18-02-03 - Exclusions

Current through Supplement No. 393, July, 2024
1. Injection wells for the oil and gas
				industry;
2. Boreholes,
				piezometers, and monitoring wells for dams;
3. Monitoring well or borehole construction
				used for mineral exploration addressed under existing federal or state law;
4. Boreholes advanced above an
				aquifer for the purpose of determining the local stratigraphy; and
5. Special cases, with prior approval of the
				department.
General Authority: NDCC 43-35-19.2
Law Implemented: NDCC
					 43-35-19.2
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-18 - Water Well Contractors › Chapter 33-18-02 - Ground Water Monitoring Well Construction Requirements › Section 33-18-02-04 - Definitions

Current through Supplement No. 393, July, 2024
The terms used in this chapter have the same meaning as in
				  North Dakota Century Code chapter 43-35, except that:
1. "Annular-space: annulus" means the space between a casing
				  and a riser or between the riser and the borehole.
2. "Aquifer" means a water-bearing formation that transmits
				  water in sufficient quantities to supply a well for a beneficial use.
3. "Borehole" means an open or cased subsurface hole created
				  by drilling.
4. "Casing" means the pipe installed to maintain the
				  integrity of the borehole. The term casing is used in this chapter only in
				  reference to protective casing; the definition is included to distinguish the
				  term from riser.
5. "Department" means the state department of health.
6. "Monitoring well" means any cased excavation or opening
				  into the ground made by digging, boring, drilling, driving, jetting, or other
				  methods for the purpose of determining the physical, chemical, biological, or
				  radiological properties of groundwater.
7. "Riser" means the pipe extending from the well screen to
				  or above the ground surface.
8. "Shall" or "must" means mandatory compliance with all
				  aspects of the specific provision of this chapter within which the word
				  appears.
9. "Should" means the specific provision in which the word
				  appears is not mandatory but is a recommended desirable procedure or method.
				  Deviation from the provision is subject to site specific consideration by the
				  certified contractor installing the borehole or monitoring well.
General Authority: NDCC 43-35-19.2
Law Implemented: NDCC
					 43-35-19.2
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-18 - Water Well Contractors › Chapter 33-18-02 - Ground Water Monitoring Well Construction Requirements › Section 33-18-02-05 - Borehole and well locations

Current through Supplement No. 393, July, 2024
1.
				Prior to the initiation of assessment activities in response to a contaminant
				release or when prior departmental approval is required, under existing state
				statute boreholes and monitoring wells must be installed at practicable
				locations based on plans and specifications approved by the department.
2. The riser of a monitoring well
				must terminate at least one foot [0.304 meter] above the ground surface,
				except:
a. Monitoring wells should not be
				located in drainage ditches, floodplains, or floodway. Where this is
				impractical, the monitoring well should terminate at least two feet [0.609
				meter] above the one hundred year flood elevation for the well site. Those
				risers that do not must be constructed to preclude flood impact to the
				monitoring well.
b. A riser for a
				well constructed in a high traffic area or other limiting site conditions
				should be mounted flush to grade or below grade with a protective casing to
				minimize damage, provided that construction must include a watertight seal to
				preclude surface water from entering the protective casing or riser and that
				the well is clearly marked as a monitoring well.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-18 - Water Well Contractors › Chapter 33-18-02 - Ground Water Monitoring Well Construction Requirements › Section 33-18-02-06 - Drilling methods

Current through Supplement No. 393, July, 2024
1. This subsection
				applies to areas not likely having subsurface contamination.
a. Whenever feasible, drilling methods should
				not introduce water or fluids into the borehole and should optimize cuttings
				control at ground surface. The selected drilling method must reflect the
				purpose or objective of the borehole or monitoring well.
b. During drilling of boreholes, adequate
				care must be taken to prevent commingling of water from separate aquifers.
c. The nominal diameter of a
				borehole must provide a minimum annular space of 1.9 inches [48 millimeters].
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-18 - Water Well Contractors › Chapter 33-18-02 - Ground Water Monitoring Well Construction Requirements › Section 33-18-02-07 - Borehole and monitoring well documentation

Current through Supplement No. 393, July, 2024
1. A written log must be kept which records
				the depth below ground surface of the boundaries of all strata encountered when
				drilling a borehole. Each stratum encountered must be described using generally
				accepted geologic terminology.
2.
				The certified monitoring well contractor must provide a monitoring well
				completion report to the board of water well contractors on forms available
				from or acceptable to the board within thirty days after the well has been
				installed. A completed report must include project and location, date of
				drilling, logger's name and title, well number or borehole number, drilling
				method and fluids used, borehole diameter, total depth, decontamination
				procedures, and a lithologic description as provided by subsection 1.
				Additional information, the availability of which is dependent upon the
				drilling method used, should also be provided and includes moisture content,
				fractures, and depth at which water was first encountered. A completed report
				must also include certified monitoring well contractor's name and license
				number; riser material; screen material and screen slot size, length,
				placement; filter pack materials; riser and screen cleaning and installation
				procedures; sealing materials, placement and installation procedures; well
				development procedures; and any installation conditions which affected well
				construction.
3. When completion
				reports are required by the department as a matter of fulfillment of its
				regulatory functions, the reports must include the information required by
				subsections 1 and 2; a detailed drawing of each well, including dimensions, as
				part of the well driller's report; and a map drawn to a specified scale showing
				the locations of all monitoring wells with an accuracy of three feet [0.914
				meter]. The map must include manmade structure boundaries, any pertinent
				property boundaries, a north arrow, the location coordinates and elevation of
				all permanent benchmarks, the horizontal position of each monitoring well and
				its survey coordinates, the vertical elevation of the top riser referenced to
				the nearest benchmark to an accuracy of 0.01 feet [0.003 meter], and the
				respective identification number for each well.
General Authority: NDCC 43-35-19.2
Law Implemented: NDCC
					 43-35-19.2
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-18 - Water Well Contractors › Chapter 33-18-02 - Ground Water Monitoring Well Construction Requirements › Section 33-18-02-08 - Monitoring well construction materials

Current through Supplement No. 393, July, 2024
1. Riser.
a. Specifications. The riser for a monitoring
				well must retain structural integrity for the duration of the monitoring period
				under actual subsurface conditions.
(1) The
				riser and couplings must be constructed of materials that neither absorb nor
				leach chemical constituents that could bias representative ground water
				samples. The riser and couplings must be compatible, resisting corrosion, with
				anticipated contaminants. Depending upon the intended use of the well, the
				riser should have a vented cap, except wells constructed in a potential
				flooding condition or flush-mounted wells must not have a vented cap.
(2) The riser must be capable of
				withstanding installation and development stresses without damage.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-18 - Water Well Contractors › Chapter 33-18-02 - Ground Water Monitoring Well Construction Requirements › Section 33-18-02-09 - Monitoring well development

Current through Supplement No. 393, July, 2024
All monitoring wells must be developed as follows:
1. The waiting period for monitoring well
				development after completion of well installation shall allow setup of
				sealants.
2. The monitoring well
				must be developed utilizing procedures that are compatible with the monitoring
				objective and that do not adversely impact well integrity. Development of the
				monitoring well must include at least three cycles or last for approximately
				one hour until the water is free of sediments or stabilizes, whichever occurs
				first. Stabilization occurs when successive measurements of indicator
				parameters, such as instrument readings for turbidity or specific conductivity,
				taken from separate well volumes, are within ten percent.
General Authority: NDCC 43-35-19.2
Law Implemented: NDCC
					 43-35-19.2
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-18 - Water Well Contractors › Chapter 33-18-02 - Ground Water Monitoring Well Construction Requirements › Section 33-18-02-10 - Borehole and monitoring well abandonment

Current through Supplement No. 393, July, 2024
1. The department may require by written
				notification an owner of the site of a borehole or monitoring well to
				decommission the borehole or monitoring well when necessary to:
a. Eliminate physical hazards on the surface;
b. Prevent contamination of ground
				water;
c. Prevent intermingling of
				desirable and undesirable waters; or
d. Eliminate unintended use.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-21 - Cesspools, Septic Tanks, Privies › Chapter 33-21-02 - Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms › Section 33-21-02-01 - Authority

Current through Supplement No. 393, July, 2024
The department has been authorized to provide and administer
				  this chapter relating to septic system servicing under the provisions of North
				  Dakota Century Code section 61-28-04.1.
General Authority:
NDCC 61-28-04,
					 61-28-04.1
Law Implemented:
NDCC
					 61-28-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-21 - Cesspools, Septic Tanks, Privies › Chapter 33-21-02 - Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms › Section 33-21-02-02 - Scope and purpose

Current through Supplement No. 393, July, 2024
This chapter establishes procedures governing the servicing
				  of septic systems, including portable restrooms, holding tanks, and similar
				  devices that receive domestic wastewater and establishes standards for the use
				  and disposal of wastewater from those sources while protecting the general
				  public and waters of the state from contamination by septage.
General Authority:
NDCC 61-28-04,
					 61-28-04.1
Law Implemented:
NDCC
					 61-28-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-21 - Cesspools, Septic Tanks, Privies › Chapter 33-21-02 - Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms › Section 33-21-02-03 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapter 61-28, except:
1. "Incorporation" means the mixing of septage with topsoil
				  to a minimum depth of four inches within forty-eight hours.
2. "Injection" means the subsurface placement of septage to a
				  depth of four inches to twelve inches.
3. "Land application" means the spraying or spreading of
				  septage onto the land surface, the injection of septage below the land surface,
				  or the incorporation of septage into the soil.
4. "Litter" means nonbiodegradable material, such as plastics
				  or glass.
5. "Nonpublic contact site" means land not frequently visited
				  or used by the public. Examples include agricultural land, forests, and
				  reclamation sites.
6. "Portable restroom" means a self-contained portable
				  enclosure containing a holding tank designed to directly receive human
				  excrement.
7. "Privy" means a self-enclosure over a watertight structure
				  located in a pit designed to directly receive human excrement.
8. "Public contact site" means land with a high potential for
				  contact by the public. Examples include public parks, ballfields, golf courses,
				  and cemeteries.
9. "Rural single-family residence" means a dwelling occupied
				  by a single family or household situated on land greater than five acres and
				  used primarily for agricultural or horticultural purpose. Examples include
				  growing and harvesting crops and raising livestock.
10. "Snow-covered ground" means ground upon which the snow is
				  at a depth greater than eight inches.
11. "Spill" means to cause or allow to fall, flow, or run out
				  so as to be lost or wasted.
12. "Wastewater treatment facility" means a treatment system
				  permitted by the department and designed to remove biological or chemical waste
				  products from water.
General Authority:
NDCC 61-28-04,
					 61-28-04.1
Law Implemented:
NDCC
					 61-28-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-21 - Cesspools, Septic Tanks, Privies › Chapter 33-21-02 - Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms › Section 33-21-02-04 - Septic pumper classification

Current through Supplement No. 393, July, 2024
1. Class I classification is defined as a
				septic system servicer that operates three or more permitted servicing vehicles
				or at least one portable toilet servicing vehicle.
2. Class II classification is defined as all
				septic system servicers not classified as class I.
General Authority:
NDCC 61-28-04,
					 61-28-04.1
Law Implemented:
NDCC
					 61-28-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-21 - Cesspools, Septic Tanks, Privies › Chapter 33-21-02 - Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms › Section 33-21-02-05 - Permit application and renewal

Current through Supplement No. 393, July, 2024
1. Permit required.
				A person wishing to engage in the business of servicing septic systems,
				portable restrooms, holding tanks, and similar devices that receive domestic
				wastewater shall submit an application for a permit to the department on a form
				provided by the department.
2.
				Applicant information. All applicants shall provide the following information
				to the department:
a. The full name and
				physical business address of the applicant;
b. The mailing address of the applicant, if
				different from the physical address;
c. Septic system servicers that have held a
				permit in North Dakota within the past five years must submit records in
				accordance with subsection 4;
d. A
				copy of a North Dakota state training certificate or other acceptable training
				course as preapproved by the department;
e. A list of all counties in which business
				is conducted;
f. A list of all
				disposal methods and land application sites, not exempted under North Dakota
				Century Code section 61-28-04.1, that the applicant proposes to use, if
				applicable; and
g. The signature of
				the landowner, facility operator, or designated representative of the owner or
				operator, on a designated form granting permission to use the site for land
				application, disposal, or treatment.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-21 - Cesspools, Septic Tanks, Privies › Chapter 33-21-02 - Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms › Section 33-21-02-06 - Training requirements

Current through Supplement No. 393, July, 2024
1. Septic system servicers and their
				employees engaged in the servicing of septic systems are required to pass an
				annual examination provided by the department.
2. Septic system servicers are required to
				attend a training course provided by the department once every five
				years.
3. Other examinations or
				training courses taken may be substituted for the requirements in subsections 1
				and 2 with the department's prior approval.
General Authority:
NDCC 61-28-04,
					 61-28-04.1
Law Implemented:
NDCC
					 61-28-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-21 - Cesspools, Septic Tanks, Privies › Chapter 33-21-02 - Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms › Section 33-21-02-07 - Vehicles and equipment

Current through Supplement No. 393, July, 2024
1. Septic system servicers shall allow the
				department to inspect the equipment used in servicing at any reasonable time
				and place designated by the department.
2. Vehicles used in servicing shall meet the
				following identification requirements:
a. A
				valid septic pumper plate, as provided by the department, shall be prominently
				displayed on the rear of the servicing unit.
b. The septic system servicer's name shall be
				displayed on the side of the vehicle in writing no less than three inches tall
				with one-half-inch minimum thickness and in a color distinct from its
				background.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-21 - Cesspools, Septic Tanks, Privies › Chapter 33-21-02 - Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms › Section 33-21-02-09 - Spill reporting and cleanup

Current through Supplement No. 393, July, 2024
1. Septic system servicers and their
				employees shall report all spills to the department as soon as possible, but
				within twenty-four hours. The septic system servicers shall keep a copy of the
				spill report for five years. The report shall include:
a. Spill location;
b. Spill volume;
c. Type of material spilled; and
d. Steps taken to clean up the
				spill.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-21 - Cesspools, Septic Tanks, Privies › Chapter 33-21-02 - Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms › Section 33-21-02-10 - Recordkeeping and reporting requirements

Current through Supplement No. 393, July, 2024
1. Septic
				system servicers must keep records of all their servicing and disposal
				activities. Each septic system servicer shall maintain records for not less
				than five years. Records must be available to the department for review upon
				request.
2. The records must
				contain:
a. The origin of the
				septage;
b. The location of the
				site where the septage is applied or taken;
c. The number of acres to which septage is
				applied at each site;
d. The date
				and time of each septage application;
e. Crop or vegetation on each site during the
				year;
f. The gallons of septage
				which are applied to the site during the specified three hundred sixty-five-day
				period;
g. A description of how the
				pathogen requirements are met for each land application of septage;
				and
h. A description of how the
				vector attraction reduction requirements are met for each land application of
				septage.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-01 - General Provisions › Section 33-22-01-01 - Scope

Current through Supplement No. 393, July, 2024
The provisions of this article shall apply to all hearings
				  held by the department for the purposes of adjudicating the rights of parties
				  under North Dakota Century Code chapters 23-20.1, 23-25, 23-29, and 61-28. This
				  article shall provide procedures in addition to or in explanation of those
				  procedures provided by such chapters, and North Dakota Century Code chapter
				  28-32.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-01 - General Provisions › Section 33-22-01-02 - Liberal construction

Current through Supplement No. 393, July, 2024
This article shall be liberally construed in order to secure
				  just, speedy, and inexpensive determination of the issues presented.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-01 - General Provisions › Section 33-22-01-03 - Suspension of article

Current through Supplement No. 393, July, 2024
The department or any hearing officer shall have the right,
				  upon either its own motion or the motion of any party, to suspend the operation
				  and effect of this article or any portion thereof, whenever the public interest
				  or the interest of any party to a proceeding shall not be substantially
				  prejudiced by such suspension.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-01 - General Provisions › Section 33-22-01-04 - Definitions

Current through Supplement No. 393, July, 2024
As used in this article, the following words shall have the
				  meaning given to them below, unless otherwise made inappropriate by context:
1. "Department" means the North Dakota state department of
				  health.
2. "Hearing officer" or "officer" means the person appointed
				  by the department to call and conduct a hearing.
3. "Order" means any written command or direction made by the
				  department as provided by law.
4. "Permit" means any discharge, emission, or disposal
				  authorization, any construction or operation authorization, and any radiation
				  license issued pursuant to North Dakota Century Code chapters 23-20.1, 23-25,
				  23-29, or 61-28.
5. "Person" means any real person, county, municipality or
				  other political subdivision, department, agency, or commission, any public or
				  private corporation, any partnership, association, or other organization, any
				  receiver, trustee, assignee, or other legal entity, other than a court of law,
				  or other legal representative of the foregoing but does not include the
				  department.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-01 - General Provisions › Section 33-22-01-05 - Case numbers and title

Current through Supplement No. 393, July, 2024
Each matter coming formally before the department for
				  hearing will be known as a case and shall be given a docket number and title,
				  descriptive of the subject matter. The number and title shall be used on all
				  papers in the case, and as far as possible, any communication to the department
				  in any particular case shall bear the number of the case.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-01 - General Provisions › Section 33-22-01-06 - Personal appearances

Current through Supplement No. 393, July, 2024
Participants may appear in any proceeding in person or by an
				  attorney or other representative qualified under subsection 3 of section
				  33-22-01-07. An individual may
				  appear in the individual's own behalf, a member of a partnership may represent
				  the partnership, a bona fide officer or duly authorized employee of a
				  corporation, association or group may represent the corporation, association,
				  or group, and an officer or employee of a state agency, of a department or
				  political subdivision of the state or other governmental authority may
				  represent the state agency or the department or the political subdivision of
				  the state or other governmental authority in any proceeding.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-01 - General Provisions › Section 33-22-01-07 - Practice before the department

Current through Supplement No. 393, July, 2024
1.
Person in own interest.
Any person may appear before the
				department in the person's own right if the person has a bona fide interest in
				the subject matter of the proceeding.
2.
Attorneys.
Attorneys at law
				who are admitted to practice before the courts of North Dakota may represent
				any party to a proceeding. Any member of the bar of another state may be
				permitted by the department to appear in and conduct a case or proceeding while
				retaining residence in another state.
3.
Other persons.
Any other
				person who shall file proof to the satisfaction of the department that the
				person is possessed of necessary legal or technical qualifications to enable
				the person to render valuable service may be permitted to practice before the
				department.
4.
Rules of
				conduct.
All persons appearing before the department or hearing officer
				must conform to the standards of ethical conduct required of practitioners
				before the courts of the state of North Dakota.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-01 - General Provisions › Section 33-22-01-08 - Parties

Current through Supplement No. 393, July, 2024
1.
Complainant.
Persons who
				complain of any act or omission in violation of any statute, regulation, or
				permit of the department shall be styled complainants.
2.
Intervenor.
Persons
				petitioning to intervene when admitted as a participant to a proceeding shall
				be styled intervenors. Admission as an intervenor shall not be construed as
				recognition by the department that such intervenor might be aggrieved by any
				order of the department in such proceeding.
3.
Parties.
Any person whose
				legal rights, duties, or privileges may be determined in the case for which the
				hearing is to be held shall be a party. When a hearing is held pursuant to a
				request for a hearing, the person making the request shall be a party. The
				department shall be a party in any hearing to enforce any regulation, statute,
				or permit condition. Any person who has properly intervened in a case shall be
				a party.
4.
Petitioner.
Any person seeking reconsideration, as provided by law, of any
				administrative action taken pursuant to law and this article shall be styled
				the petitioner.
5.
Respondent.
Any person against whom any complaint is filed or
				order issued under this article shall be styled the respondent.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-01 - General Provisions › Section 33-22-01-09 - Investigation on the department's own motion

Current through Supplement No. 393, July, 2024
The department may at any time, upon its own motion, or upon
				  the complaint of any person, institute investigations and order hearings in any
				  thing done by any person which the department may believe is in violation of
				  the law or any order, regulation, or permit of the department. The department
				  may secure and present such evidence as it may consider necessary or desirable
				  in any proceeding in addition to the evidence presented by any other party.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-01 - General Provisions › Section 33-22-01-10 - Computation of time

Current through Supplement No. 393, July, 2024
1. In determining
				the day upon which an answer must be served pursuant to North Dakota Century
				Code section 28-32-05, the day of the hearing and the last day upon which an
				answer may properly be received shall not be included in computing the required
				three-day time period. If the day upon which the answer is due falls on a
				Saturday, Sunday, or legal holiday, the answer shall be due on the preceding
				business day.
2. In computing any
				period of time prescribed or allowed by these rules, other than that time
				period set out in subsection 1, the day of the act, event, or default after
				which the designated period of time begins to run is not to be included. The
				last day of the period so computed is to be included, unless it is a Sunday or
				legal holiday, in which event the period runs until the end of the next day
				which is neither a Sunday nor a holiday. When the period of time prescribed or
				allowed is less than seven days, intermediate Sundays and holidays shall be
				excluded in the computation.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-01 - General Provisions › Section 33-22-01-11 - Service

Current through Supplement No. 393, July, 2024
For the purposes of this article, service or filing shall be
				  deemed to have occurred upon actual receipt of the document served or filed.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-01 - General Provisions › Section 33-22-01-12 - Record

Current through Supplement No. 393, July, 2024
Unless any party demands otherwise at least ten days prior
				  to the date of hearing, a written summary record or tape recording of the
				  proceeding will be made and filed. If demanded, the department shall cause a
				  verbatim transcript to any proceedings to be made at the expense of the
				  demanding parties. The time period required herein shall be computed, as nearly
				  as practicable, by that method specified in subsection 1 of section
				  33-22-01-10.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-02 - Pleadings › Section 33-22-02-01 - Informal complaint

Current through Supplement No. 393, July, 2024
Informal complaints may be made orally or in writing
				  addressed to the department. Letters of complaint to the department will be
				  considered as informal complaints. Matters thus presented will be handled by
				  correspondence or by other informal communications, or by conference with the
				  party or parties complained of, or by formal investigation instituted by the
				  department upon its own motion, or in such other manner as the department shall
				  deem to be appropriate and warranted by the facts and the nature of the
				  complaint in an endeavor to bring about satisfaction of the complaint without
				  formal hearing.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-02 - Pleadings › Section 33-22-02-02 - Formal complaints

Current through Supplement No. 393, July, 2024
1. Complaints shall
				be made by the department on its own motion by complaint in writing, setting
				forth any act or thing done or omitted to be done in violation or claimed to be
				violation of any provision of law or of any order, rule, regulation, or permit
				of the department.
2. Each formal
				complaint shall show the venue, "before the North Dakota state department of
				health" and shall contain a heading, "in the matter of", showing the name and
				address of the respondent. The complaint shall be so drawn as to fully and
				completely advise the respondent or the department of the facts constituting
				the ground of the complaint; the provisions of the statutes, regulations,
				orders, or permit relied upon; the injury complained of; and shall contain a
				clear, concise statement of the relief sought.
3. The department shall serve a true copy of
				the complaint and notice for hearing upon the respondent personally, or by
				registered or certified mail, as the department may direct, in such time as
				provided by law before the time specified for hearing thereof unless the
				service of such complaint or notice of hearing is waived, in writing, by the
				respondent, or unless the parties agree upon a definite time and place for
				hearing thereof with the consent of the department. However, in case of an
				emergency the department shall notice a proceeding for hearing upon its merits
				as provided by law.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-02 - Pleadings › Section 33-22-02-03 - Order to show cause

Current through Supplement No. 393, July, 2024
1. The
				department may, by order, compel any person who it believes is violating any
				law or regulation subject to enforcement by this article, or any person who has
				been granted a permit, to show cause why such law or regulation should not be
				enforced against such person or why such permit should not be suspended,
				revoked, or modified, either in whole or in part.
2. An order to show cause shall specifically
				advise the respondent of the facts of the violation and law applicable thereto
				and of the time and place of the hearing to be conducted on the order.
3. If the department finds that
				the respondent is committing or is about to commit an alleged violation, it may
				order the respondent to cease and desist from the acts constituting the
				violation. The department may also, or in lieu thereof, enter any other just
				and reasonable order.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-02 - Pleadings › Section 33-22-02-04 - Petition for hearing

Current through Supplement No. 393, July, 2024
Any petitioner requesting the department to review by
				  hearing, as provided by law, any departmental action, rule, or regulation shall
				  file with the department a petition, which may be in letter form, advising the
				  department of the facts constituting the grounds for the petition, the injury
				  complained of, and a clear and concise statement of the relief sought.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-02 - Pleadings › Section 33-22-02-05 - Answers

Current through Supplement No. 393, July, 2024
1. Each answer filed with the department
				shall be designated as an "answer" and shall contain the correct title of the
				proceeding, a specific denial of such material allegations of the complaint as
				are controverted by the respondent, and a statement of any new matter which may
				constitute a defense. If the answering party has no information or belief upon
				the subject sufficient to enable the answering party to answer an allegation of
				the complaint, the answering party may so state in the answer and place the
				denial upon that ground. The filing of an answer will not be deemed an
				admission of the sufficiency of the complaint.
2. An answer must be signed and verified by
				the respondent filing the answer.
3. Two true and correct copies of the answer
				shall be served upon the department, personally or by registered mail, at least
				three days before the time specified in the complaint for hearing.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-02 - Pleadings › Section 33-22-02-06 - Response to petition for hearing

Current through Supplement No. 393, July, 2024
1.
				Upon receiving a petition for hearing upon any matter, as provided by law, the
				department shall, within thirty days of such receipt, serve upon the petitioner
				a response to the petition. The response may be in letter form and shall state
				the decision of the department whether or not to hold the requested hearing. If
				a hearing is granted, the response shall state the date upon which the
				petitioning party may appear to be heard, and such other conditions of the
				hearing as the department may determine. If the requested hearing is denied,
				the reasons for such denial shall be clearly stated. This subsection shall not
				apply to hearings on emergency orders.
2. Upon receiving a petition for hearing
				pursuant to an emergency order, as provided by law, the department shall set a
				date for hearing to be held within ten days of receipt of such petition and
				shall notify the petitioner of such date and of such other conditions of the
				hearing as the department shall determine.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-02 - Pleadings › Section 33-22-02-07 - Intervention

Current through Supplement No. 393, July, 2024
In any formal proceeding, any person having a substantial
				  interest in the subject matter of such proceeding may petition for leave to
				  intervene in such proceeding and may become a party thereto upon compliance
				  with the provisions of this section. In general, such petitions will not be
				  granted unless it shall be found that such person has a statutory right to be
				  made a party to such proceedings or that such person has a property, financial,
				  or other legally-recognizable interest which may not be adequately represented
				  by existing parties, and such intervention would not unduly broaden the issues
				  or delay the proceeding.
1. A
				petition for leave to intervene shall be in writing, unless made at the
				commencement of a hearing, and must set forth the grounds of the proposed
				intervention, the position and interest of the petitioner in the proceeding,
				and whether the petitioner's position is in support of or in opposition to the
				relief sought.
2. A written
				petition for leave to intervene in any proceeding may be filed prior to or at
				the commencement of the hearing, but not after commencement, except for good
				cause shown.
3. The petitioner
				shall furnish a copy of any written petition to each party to the proceeding,
				including the department.
4.
				Admission as an intervenor shall not be construed as recognition by the
				department that such intervenor might be aggrieved by any act of the department
				in such proceeding.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-02 - Pleadings › Section 33-22-02-08 - Amendments

Current through Supplement No. 393, July, 2024
The department, prior to any hearing, or the hearing officer
				  during any hearing, may, after notice to the other parties to a proceeding,
				  allow any pleading to be amended or corrected or any omission therein to be
				  supplied, provided that if any such amendment, when allowed, so alters or
				  broadens the issues that it appears proper, the department may permit any party
				  affected thereby a reasonable time to prepare to meet the changed issues.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-02 - Pleadings › Section 33-22-02-09 - Withdrawal of pleading

Current through Supplement No. 393, July, 2024
A party desiring to withdraw a pleading filed with the
				  department may file a notice of withdrawal thereof with the department. The
				  notice shall set forth the reason for the withdrawal. A copy of the withdrawal
				  notice must be served upon all other parties to the proceeding and a
				  certificate of service to that effect filed with the notice of withdrawal.
				  Withdrawal of any pleading in any proceeding in which a hearing has been held
				  or convened shall not be allowed without express permission of the department.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-02 - Pleadings › Section 33-22-02-10 - Motions

Current through Supplement No. 393, July, 2024
After a complaint or petition has been served, a request may
				  be made by motion for any procedural or interlocutory ruling or relief proper
				  and desired. All motions not made in the course of a hearing shall be in
				  writing and shall be served on the other parties to the hearing by the moving
				  party.
1. The department, prior or
				subsequent to any hearing, or the hearing officer during any hearing, may set
				any motion for oral argument.
2.
				The hearing officer designated to preside at a hearing is authorized to rule
				upon any motion not formally acted upon by the department prior to the
				commencement of the hearing, wherein the immediate ruling is essential in order
				to proceed with the hearing and upon any motion filed and made after the
				commencement thereof and prior to the decision in the proceedings. However, no
				motion made before or during a hearing, a ruling upon which would involve or
				constitute a final determination of the proceeding, shall be ruled upon by a
				hearing officer.
3. Motions not
				ruled upon by the hearing officer shall be ruled upon by the department.
4. Appeals from rulings of the
				hearing officer on any motion may be taken as provided in section
				33-22-04-06.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-03 - Prehearing Matters › Section 33-22-03-01 - Informal disposition

Current through Supplement No. 393, July, 2024
Informal disposition may be made of any matter for which a
				  hearing is scheduled, or any issue therein, by stipulation, or consent order at
				  any point therein, subject to the approval of such informal disposition, or any
				  terms thereof, by the department.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-05, 28-32-06,
				  28-32-07, 28-32-08, 28-32-09,
28-32-11