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Please look through these FAQs and contact us if your question isn't answered.

Qualifications | Interviewing and Hiring | General

Questions Regarding Qualifications

1. Should a more explicit request be made to have veterans identify their preference in their letter of application?

Applications or other forms used to invite applicants to apply for public employment should be explicit about the availability of the preference, the evidence required to qualify for the preference, and the time within which evidence must be supplied.

2. If a veteran meets the minimum qualifications for a position such as education, do you have to hire the individual?

Non-merit system agencies - a veteran is to be hired if he or she possesses the qualifications necessary for the position. See N.D.C.C. § 37-19.1-02, subsection 02. Merit system agency - non-disabled veteran receives five points to be added to the "examination score." See N.D.C.C. § 37-19.1-02, subsection 04.

3. Is an applicant considered a bona fide veteran if they do not furnish the DD214 Report of Separation form during the application process?

Non-merit system agencies - depending on whether application process informed veteran of requirement (i.e. application form that asks if applicant is claiming veterans' preference and notes documentation required). Merit system agency - no

4. How extensive can an agency be in establishing tests to ensure that a veteran meets the minimum qualifications for a job?

Testing for ensuring qualifications for a job should be the same for all applicants, whether veteran or non-veteran. The extent of testing is at the agency's discretion and it should be applied uniformly to all applicants to determine qualification for a position which has been announced.

5. Under what conditions can a disabled veteran be determined not qualified for a position?

Disabled veterans would not be granted a preference if the disability "renders them unable to properly perform the duties of the position applied for." See N.D.C.C. § 37-19.1-02, subsection 1. Further, if a merit system agency is involved, the law requires "justifiable cause" for an agency not to hire a disabled veteran.

6. Can minimum qualifications advertised for an opening be greater than the minimum qualifications of the job class?

If the published minimum qualifications for the job class are too general and non specific to accurately describe the needed qualifications for the particular job in question, the agency should determine the specific qualifications needed. These specific qualifications should be prepared in written form for advertising the vacancy. It is very important to establish specific detailed qualifications for the job in question so the advertised job announcement is complete, and so the agency and all applicants know the criteria to be fulfilled.

7. Can an agency deviate from the minimum qualifications for an applicant with veterans' preference, e.g. can veteran substitute business management degree for business administration degree?

Deviations from minimum qualifications on vacancy announcements should not be made on the basis of the applicant's veterans' status. If a deviation is made, same deviation for veterans and non-veterans.

8. How many times may an individual use veterans' preference when applying for a job? Does it have any bearing if the employee is already employed?

The veterans' preference law places no limits on the number of times an individual may claim veterans' preference. A district court opinion reviewed the legislative history of the veterans' preference law in North Dakota. The court concluded that the legislature did not intend that an employment preference be granted to veterans in situations of promotions and transfers.

9. How can job announcements be written to insure that those who qualify for the position possess the knowledge and skill needed to perform competently?

By performing job analysis to determine proper knowledge, skills, abilities, and minimum qualifications. Also, look at the education and experience of past employees and incumbents.

10. How can agencies more quickly decipher the DD214, Report of Separation form when determining service dates, qualifying medals/citations, etc.?

-First, look at "Date of Rank" and "Effective Date" (discharge) to determine if applicable time period within those dates.

-If not, check "Decorations, Medals, etc." to see if applicant received any specific Medal, (i.e. Desert Storm, Berlin, Grenada)

-Finally, look at "Total Active Service" - often the last DD214 issued includes only last or current period of service. If total Active Service is 20 years, some of that time would have been during a period of war.

11. If a veteran is placed on the merit system certificate and the agency advertises with a preference that disqualifies the veteran - who is responsible for notifying the veteran by certified mail?

The agency, because a preference is not a requirement. Therefore if a veteran appears on a certificate, the veteran meets the minimum qualification, and is not disqualified for not having the preferred education or experience.

12. What criteria could an agency use to determine if an applicant qualifies for a job?

Minimum qualifications on vacancy announcement. Pre-determined oral interview questions (After interview - reference checks from former employers) work samples - assessment centers - work simulations.

13. Can agencies establish a scoring requirement at the beginning of the application procedure thus eliminating those applicants who do not pass the beginning steps?

Depending what is on the vacancy announcement in terms of minimum qualifications - if they require only a bachelor's degree in no specific field, then the "scoring requirement" cannot disqualify someone who has the degree, even if it is not in the "preferred" area. In advance, set up oral interview questions, and then determine the number of questions needed to pass. Some applicants may be disqualified based on this process.

Questions Regarding Interviewing and Hiring

1. How should interviews be documented?

Interviews should be documented by having a standard set of job-related questions, with a predetermined satisfactory answer. These questions should be asked of all candidates interviewed. Responses should be written down by interviewer or interviewing panel and retained for future reference (usually this process determines who the best candidate is).

2. If any agency uses a scoring system which includes giving a veteran additional points and the veteran's score does not meet the agency minimum score, does the veteran have to be interviewed or hired?

If the agency is a merit system agency, the points are added prior to the employing agency receiving the names and the answer is spelled out in N.D.C.C. § 37-19.1-02. If the agency is non-merit system agency, there is no statutory authority to use a point or scoring system. If the veteran is found to meet the qualifications, even though not the best qualified, the veteran is entitled to the position.

3. Do all veterans have to be interviewed for a job opening or can an agency supply a selection process to narrow a group that will be interviewed?

Non-merit system agencies. If the application and related materials clearly indicate that veteran does not meet the basic qualifications for the position, an interview is unnecessary. If the agency is unsure, it is safer to grant an interview. Many professional positions require an interview to fully assess an applicant's qualifications. If that is the case, any veteran who appears to meet the basic qualifications should be interviewed.

Merit system agencies. Agencies should interview from the top of the certificate down. This will necessarily include all disabled veterans since they are automatically placed at the top of the certificate of eligibles. Non-disabled veterans who do not score above the cutoff would not have to be interviewed.

4. Must agencies notify all veteran applicants that they were not selected for the position?

Non-merit system agency. When a veteran applicant is determined by a non-merit system agency not to be qualified for the position, notification must be sent informing the veteran applicant of that fact. Any time a veteran is determined by the agency to "not possess the qualifications required for the position" then certified mail notice of that determination must be sent to the veteran applicant. See N.D.C.C. § 37-19.1-04. Merit system agency decisions are treated in question 15.

5. How can the most competent individual be chosen for a position under the constraints imposed upon agencies?

It may sometimes happen that the most qualified candidates are not hired because of the application of the veterans' preference laws. However, that is an effect of the decision the legislature has chosen by its adoption of the law. Any hiring preference may have that effect in some instances. It is extremely important that an agency take the time to think through the necessary qualifications for a position and to include them in any job announcements. In that way, you can be assured that only those individuals possessing the qualifications necessary to properly do the job will be hired.

6. When a veteran is no. 15 on either a specific vacancy or open register certificate and the hiring authority only interviews the first 10 candidates, is it necessary to notify this candidate by certified mail that they were not hired.

See response to Question 15.

7. What constitutes "justifiable cause" for not hiring an eligible veteran or disabled veteran with a higher merit score than the candidate who was selected for the position?

The law does not specifically define what "justifiable cause" means. Section 37-19.1-02, subsection 1 contemplates that if a veteran has a physical or mental disability which renders the person unable to properly perform the duties of the position applied for, that veteran need not be hired. That certainly would constitute "justifiable cause." In addition, particularly with professional positions, there may be somewhat intangible qualities or qualifications an employer requires for a position. These may include such things as leadership abilities, interpersonal skills, and abilities to effectively communicate. These kind of qualities may not be discerned from a paper review of the application and related documents. Such qualities can normally only be ascertained through an interview process and sometimes via detailed reference checks. In such cases, the veteran with the higher merit system score may be disqualified following an interview or reference checks. It is certainly arguable that not hiring such a person would constitute "justifiable cause" under the meaning of the statute. As this statute is applied and individual cases are heard, the hearing officers and the courts will undoubtedly further expand on what constitutes "justifiable cause."

8. Must you hire a veteran when...

A. Reference checks are poor?

No-if reference checks of former employers are documented and show that former employer would not rehire the individual (Reference should have direct knowledge of applicants work).

B. A veteran was previously employed and work performance was below average - must you rehire?

No - if previous employee had unacceptable performance, a rehire would not be required. (judgemental)

C. A veteran has been in the State Hospital as a patient and also in prison?

Depending on why the individual was in the state hospital or prison. If reasons were related to type of job, hiring would not be required (i.e. child molester for daycare center or embezzlement for individual who handles cash transactions). However, if person was convicted of a crime which does not relate to the duties and responsibilities of the position, that cannot be used against the veteran or any other candidate.

D. A veteran has poor communication or writing skills and skills are required to perform duties?

No - if demonstrated in the interview and related screening that those skills are needed and the veteran or any other applicant does not possess those skills. The applicant is not qualified.

E. A veteran was released from the state prison one month prior to applying for position?

See "C." above. Timing of release is not an issue.

F. A veteran has drinking problem and denies it?

Who made the determination that a problem exists? The hiring authority must have direct knowledge of the problem - hearsay is not good enough. This is a very touchy area.

G. A veteran's work record is poor, e.g. different job each year over a 10 year period of time?

Work record poor - see "A." above. Ask person about reasons for changing jobs during interview. (judgmental)

9. Does a veteran need to be notified if not selected from the merit system certificate of eligible candidates if you hire or promote someone with the agency?

To avoid problems in this area, positions should be advertised internally prior to externally. This way, internals can be considered and possibly selected before any external candidates could be considered. However, often, to save time, agencies will advertise both internally and externally at the same time.

- If veterans and other external applicants are considered, whether interviewed or not, they should be notified (veteran - certified mail, non-veteran - regular mail).

10. If a veteran was scheduled for an interview and does not keep the appointment, and a month later calls and wants to be interviewed, does the agency have to interview the individual?

If the agency selection process has proceeded to the point of making a selection for the position and the veteran comes in thereafter having not completed the full application process, then there is no reason to extend the interview time. However, if the agency has not completed its selection process, and the agency would allow any applicant to complete the application process, including the interview, at a later time than originally scheduled, then the veteran must be treated in the same way.

11. What type of documentation is needed when...

A. A veteran is not interviewed or hired for a position?

N.D.C.C. § 37-19.1-04, subsection 3 provides that "the employing agency has the burden or proving that the veteran or the qualified veteran's spouse did not possess the qualifications required for the position." Consequently, it would be necessary to document why the particular veteran not interviewed or hired was not qualified for the position.

B. When a male veteran is hired over a female veteran?

Where more than one veteran applies for a position, if one of the veterans is disabled, that person should be hired first. If there are two or more veterans who are not disabled, the veteran with the best qualifications should be hired, irrespective of whether such persons are male or female. It is conceivable that if a less-qualified male veteran was hired over a more-qualified female veteran, that there may be a sex discrimination problem. Therefore, it should be documented that the male veteran was more qualified than the female veteran.

C. You pass over a veteran or disabled veteran and promote from within?

It is assumed that the veteran involved is not already employed by the agency. In such a case, it would again be necessary that there be documentation to the effect that the veteran was not qualified for the position because that is the issue at any hearing on the matter. For merit system agencies, phrased another way, there would have to be "justifiable cause" in writing as to why the veteran was not hired.

12. Why is a merit system agency not obligated to hire a qualified veteran if the veteran has a rating score less than other qualified applicants?

N.D.C.C. § 37-19.1-02 (4) prescribes a specific method for using the merit system process for veterans and disabled veterans. The Legislature has provided this system for use by all public agencies subject to a merit system.

13. Why is a non-merit system agency obligated to hire a qualified veteran even though a review of the other applicants shows one or more of them to be more qualified for the position?

N.D.C.C. § 37-19.1-02 (2), for non-merit system agencies, states that if the veteran is qualified for the position then the veteran is to be employed. This, too, is a legislative mandate for public agencies.

14. Does an agency need to interview or notify a veteran when...

A. Individual does not meet specific requirements of agency?

N.D.C.C. § 37-19.1-04, subsection 1 requires an agency to notify by certified mail that employment has been refused a veteran. That triggers the running of the 15-day period for filing a request for hearing. If it is apparent from a review of the application and related material that the individual does not possess the qualifications for the position, the person need not be interviewed.

B. Agency hires or promotes from within?

If the veteran is not an employee of the agency, it should notify the veteran by certified mail that employment has been refused. There would be an obligation to interview a veteran if such individual appeared to meet the qualifications for the position, or in the case of merit system agencies, scored above the interview score cutoff.

15. Can agencies pass over veterans who have a low oral interview score even though they may have had a higher score than other applicants on the certificate of eligible candidates register?

When N.D.C.C. § 37-19.1-02 (4) and 37-19.1-04 are considered together, the legislative intent on the certified mail notice requirement for merit system agencies is unclear. Options for certified mail notice include:

Sending certified mail notice only when section 37-19.1-02 (4) requires the agency to prepare written documentation of "justifiable cause" for not hiring a veteran.

Sending certified mail notice to every veteran on any merit system certificate when the veteran is not hired.

Sending certified mail notice to every veteran on a merit system certificate when the veteran is interviewed but not hired.

It is unknown exactly how an administrative hearing officer or a reviewing court will interpret the certified mail notice requirement in section 37-19.1-04 (1) for merit system agencies. The section requires the certified mail notice when the "applicant is not given the preference provided in sections 37-19.1-02 or 37-19.1-03."

Uncertainties in applying the certified mail requirement to merit system agencies occur when agencies make decisions on which persons on a certificate will be interviewed. This uncertainty is compounded when it is recognized that the statute does not specify the number of persons to be certified to an agency nor how the agency is to decide whom to interview.

Because of the wide range of options available for sending certified mail notice and because of the potential for the appearance of unfair treatment of some veteran applicants, a reasonable recommendation appears to be that agencies should not decide what persons on the certificate will be interviewed in a manner that appears to exclude a veteran or veterans on the list. After interviews have been conducted in a fair, thorough, and impartial manner, the agency should send certified mail notice to all veterans interviewed that were not hired. To be even more certain not to slight a veteran's interest in employment, an agency can interview all persons on the certificate and give certified mail notice to all veterans not hired, or give certified mail notice to all veterans not hired whether or not they were interviewed.

Using certified mail with return receipt for the agency's file has the benefit of adding certainty to the fact of giving notice and its timing. Therefore, it cuts out arguments. Furthermore, if the certified mail notice is specific in explaining to a veteran the reasons the veteran was not hired, it provides information that removes uncertainty in the veteran's mind on what has transpired and why. This knowledge could forestall a hearing request by the veteran just to find out what went on with respect to the agency's consideration of the veteran for employment.

General Questions

1. What is the definition of a North Dakota resident?

Residency is not subject to one hard and fast definition for purposes of veterans' preference; it is not specifically defined in the statute. Residency requirements vary depending on the issue involved. As a general matter, in order to be resident there must be an intent to become a resident and an act in conformity therewith. This probably would require an examination of each particular case. Some of the relevant factors may include the following: does the person vote in North Dakota, have a domicile or homestead in North Dakota, have a place to go to when not working, and if so, when, pay taxes in North Dakota, have a North Dakota driver's license, etc.

2. Is residency determined at the time of entry into the service or at the time of application?

At the time of application. See N.D.C.C. § 37-19.1-02 (1).

3. Must an agency treat a veteran any differently than any other employee in a probationary period?

Generally, veterans have somewhat greater protection than normal probationary employees. If a veteran is discharged, has compensation reduced, or is otherwise subject to an action by the employing agency designed to cause the veteran to quit employment, the veteran may request a hearing. If a hearing is requested pursuant to this part of the law, the employing agency has the burden of proving that any action taken was not because of the exercise of the right to a veterans' preference.

4. Does an agency face any confidentiality problems with public announcements when hiring an individual with veterans' preference?

North Dakota state agency personnel records are open records just as any others, unless there is a specific statute making them confidential.

N.D.C.C. § 37-18-11 contains a lengthy list of confidential veterans records, which relate to the information in the hands of the North Dakota Department of Veterans Affairs. Subsection 13 of that section deals with "separation documents" and their being confidential and privileged. The DD214 is a "separation document." However, most agencies require the submission of that form by the veteran as evidence of veteran status. There appears to be no requirement under section 37-18-11 for agencies that receive the form from the veteran to keep it confidential in the same way as the Department of Veterans Affairs is required to do.

5. Does the open record law apply when hiring a veteran?

Generally, unless there is an express statutory exception to the open records law, it applies. The North Dakota Supreme Court has reaffirmed that position several times in cases. Most employment applications and material related thereto are subject to the open records law, unless some information contained therein would be specifically exempt under some other provision of state or federal law.

6. Does an agency face any problems informing other applicants or employees that an individual with veterans' preference was hired?

Merely stating that a person happens to be a veteran does not appear to be secret information.

7. Can an individual retiring from a military base in North Dakota use this law? Under what conditions?

If an individual retiring from a military base in North Dakota is a resident of North Dakota and meets the other conditions of being a "wartime veteran," such individual may take advantage of veterans' preference.

8. Are work days or calendar days used in the appeal process?

N.D.C.C. § 37-19.1-04 requires certain actions to be undertaken within a certain number of days. Because the section does not specify work days, the provisions of N.D.C.C. § 1-02-15 apply, and the procedures are therefore to be undertaking using calendar days for the calculation.

9. Will Central Personnel include Desert Storm on applications?

It is included in "Armed Forces Expeditionary Medal or other Campaign Service Medal" as referred to in N.D.C.C. § 37-01-40.

10. Who is responsible for questions concerning Veterans' Preference Law?

Depending on the question, either Attorney General, Veterans' Affairs, or Central Personnel Division.

11. What can/cannot be used for the "test" or "exam" referred to in the laws documentation?

This question pertains to system agencies. The "test" or "examination" referred to in N.D.C.C. 37-19.1-04a & b is the written examination, training and experience rating, performance examination, or combination thereof as administered by the Central Personnel Division. Any test or oral interview given by an agency subsequent to these examinations cannot be used in relation to the veterans' preference statute.

12. What constitutes a "Merit System"?

A "merit system" is defined in N.D.C.C. 37-19.1-04 as an "established personnel system under which it maintains a register of persons eligible for employment and from which it certifies a prescribed number of names to that particular agency or governmental agency."

13. Why are non-merit agencies forced to more strictly follow the law?

Both merit and non-merit agencies are required to follow the law. However, the law differs for merit versus non-merit agencies. Generally, there is an absolute employment preference for non-merit agencies. That means that if the veteran possess the qualifications, he or she must be hired. On the other hand, non-disabled veterans applying for positions in merit system agencies are only entitled to a 5 point increase in the rating score assigned by the Central Personnel Division. Disabled veterans applying to merit system are first entitled to the position, unless there is justifiable cause in writing for not doing so.

14. How does the veterans' preference law apply to non-merit system agencies?

The veterans preference law applies to non-merit system agencies pursuant to N.D.C.C. § 37-19.1-02 (2). That is, if the veteran is found to possess the qualifications required for the position, the agency is to employ the veteran.

TRICARE is managed by the Defense Health Agency (DHA) under the policy guidance and direction of the Assistant Secretary of Defense (Health Affairs) (ASD[HA]). The DHA manages the TRICARE budget, executes TRICARE policies and oversees the entire TRICARE health program.

Military retirees are eligible for TRICARE For Life.  TRICARE For Life offers secondary coverage to Medicare for all beneficiaries who have both Medicare Parts A and B. 

Using TRICARE For Life at Veterans Affairs Facilities

Veterans Affairs (VA) facilities, even if they are in the TRICARE network, are not Medicare-authorized providers.

  • By law, Medicare cannot pay for care at a government facility. When you use TRICARE For Life to receive care for a non-service-connected condition from a VA facility, even when the VA facility is in the TRICARE network, the VA cannot bill Medicare.
  • By law, when you seek care from a non-Medicare provider, such as the VA, TRICARE can pay only up to 20 percent of the TRICARE allowable charge. 

TRICARE and the VA recommend that you get care for your service-connected disability at a VA facility.  For all of your other care, you should consider all of your options, including using a Medicare-certified provider. When using Medicare providers, you typically have no out-of-pocket costs for services covered by both Medicare and TRICARE. If you use your TRICARE For Life benefit at a VA facility and have no other VA benefit to cover those costs, you will have to pay the remaining balance after TRICARE pays its 20% of the TRICARE-allowable charge. 

You may wish to talk to your VA facility about your VA options, including how VA claims are processed if you are entitled to Medicare or have other health insurance.

Please review this fact sheet and visit the website for more information.

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The officers specified in section 16.1-07-05, upon request, shall mail an application form for an absent voter's ballot to the voter, or they may deliver the application form to the voter upon a personal application made at the officer's office. The officers may also make available or distribute the applications, prescribed by the secretary of state, to the public without any specific request being made for the applications.
1. Upon receipt of an application for an official ballot properly filled out and duly signed, or as soon thereafter as the official ballot for the precinct in which the applicant resides has been prepared, the county auditor, city auditor, or business manager of the school district, as the case may be, shall send to the absent voter by mail, at the expense of the political subdivision conducting the election, one official ballot, or personally deliver the ballot to the applicant or the applicant's agent, which agent may not, at that time, be a candidate for any office to be voted upon by the absent voter. The agent shall sign the agent's name before receiving the ballot and deposit with the auditor or business manager of the school district, as the case may be, authorization in writing from the applicant to receive the ballot or according to requirements set forth for signature by mark. The auditor or business manager of the school district, as the case may be, may not provide an absent voter's ballot to a person acting as an agent who cannot provide a signed, written authorization from an applicant. No person may receive compensation, including money, goods, or services, for acting as an agent for an elector, nor may a person act as an agent for more than four electors in any one election. A voter voting by absentee ballot may not require the political subdivision providing the ballot to bear the expense of the return postage for an absentee ballot.
 
2. If there is more than one ballot to be voted by an elector of the precinct, one of each kind must be included and a secrecy envelope and a return envelope must be enclosed with the ballot or ballots. The front of the return envelope must bear the official title and post-office address of the officer supplying the voter with the ballot and upon the other side a printed voter's affidavit in substantially the following form:
 
Precinct ______________________________________________
Name ________________________________________________
Residential Address _____________________________________
City ___________________________ ND Zip Code ____________
Under penalty of possible criminal prosecution for making a false
statement, I swear that I reside at the residential address provided
above, that I have resided in my precinct for at least thirty days
next preceding the election, and this is the only ballot I will cast
in this election.
Applicant's Signature ____________________________________
Date _________________________________________________
 
If the absent voter is unable to sign the voter's name, the voter shall mark (X) or use the applicant's signature stamp on the statement in the presence of a  disinterested individual. The disinterested individual shall print the name of the  individual marking the X or using the signature stamp below the X or signature  stamp and shall sign the is interested individual's own name following the printed  name together with the notation "witness to the mark".
 
3. Each individual requesting an absent voter's ballot under this chapter must be provided a set of instructions, prescribed by the secretary of state, sufficient to describe the process of voting by absent voter's ballot. The voting instructions must contain a statement informing the individual that the individual is entitled to complete the absent voter's ballot in secrecy.
 
4. Each individual requesting an absent voter's ballot under this chapter who cannot read the English language or who because of blindness or other disability is unable to mark the voter's ballot, upon request, may receive the assistance of any individual of the voter's choice, other than the voter's employer, an officer or agent of the voter's union, a candidate running in that election, or a relative of a candidate as described in subsection 2 of section 16.1-05-02, in marking the voter's ballot. 

 

 

In the case of congressional, state, county, city, or school district elections, if an envelope postmarked or otherwise officially marked by the United States postal service or other mail delivery system before the date of election and containing an absent voter's ballot is received by the officer too late to be forwarded to the proper voting precinct in time to be tabulated, the ballot must be tallied by the canvassing board of the county, the governing body of the city, or the school board of the school district, as the case may be, at the time the returns are canvassed. Any envelope without a postmark or other official marking by the United States postal service or other mail delivery system or with an illegible postmark or other official marking and containing an absentee voter's ballot must be received by mail by the proper officer prior to the meeting of the canvassing board. An absent voter may personally deliver the absent voter's ballot to the appropriate officer's office at any time before five p.m. on the day before the election. Any envelope containing an absent voter's ballot with a postmark or official date stamp on the day of election or thereafter may not be tallied with the ballots timely submitted for the election. Before forwarding any ballot to a canvassing board pursuant to this section, the officer forwarding the ballot shall print the date of receipt on the envelope. Upon receipt, the canvassing board shall determine that the elector was qualified to vote in that precinct, that the elector did not previously vote in that precinct on the date of the election, and that the signatures on the absentee ballot application and the voter's affidavit were signed by the same person before allowing the ballot to be tallied.

 

 

Upon receipt of an envelope containing the absent voter's ballot, the proper officer immediately shall attach the application of the absent voter and file the ballot with other absentee ballots from the same precinct. Before delivering the absentee ballots to the precinct, the proper officer shall package the ballots in a manner so the ballots are sealed securely. The package must be endorsed with the name of the proper voting precinct, the name and official title of the officer, and the words "This package contains an absent voter's ballot and must be opened only according to the processing provisions of section 16.1-07-12." The officer shall keep the package safely in the officer's office until it is delivered by the officer as provided in this chapter.
If the envelope containing the absent voter's ballot is received by the county auditor, auditor or clerk of the city, or business manager of the school district, as the case may be, prior to that person's delivery of the sealed package containing the official ballots to the inspector of elections of the precinct in which such absent voter resides, such ballot, after having been enclosed with the application in an envelope as required by section 16.1-07-10, must be enclosed in such package and delivered therewith to the inspector of the precinct. If the official ballots for the precinct have been delivered to the election inspector at the time of receipt by the proper officer of the absent voter's ballot, then the officer or the officer's designee shall personally deliver it to the inspector prior to the close of the polls on election day. Any absent voter's ballot sent to the wrong precinct by the official whose duty it is to forward such ballots to the precincts, or any absent voter's ballot received by the inspector from the appropriate officer too late to be counted at the precinct, must be returned to the official by the election inspector, and must be tallied by the county canvassing board, the governing body of the city, or the school board, as the case may be, with other absent voters' ballots received too late to be counted on election day.
1. For any primary, general, or special statewide, district, or county election, the board of county commissioners may create a special precinct, known as an absentee ballot precinct, for the purpose of counting all absentee ballots cast in an election in that county. The election board of the absentee ballot precinct must be known as the absentee ballot counting board. The county auditor shall supply the board with all necessary election supplies as provided in chapter 16.1-06.
 
2. If the board of county commissioners chooses to establish an absentee ballot precinct according to this section, the following provisions apply:
 
a. The county auditor shall appoint the absentee ballot counting board that consists of one independent representative to act as the inspector and an equal number of representatives from each political party represented on an election board in the county, as set forth in section 16.1-05-01, to act as judges. Each official of the board shall take the oath required by section 16.1-
05-02 and must be compensated as provided in section 16.1-05-05.
b. The county auditor shall have the absentee ballots delivered to the inspector of the absentee ballot counting board with the election supplies, or if received later, then prior to the closing of the polls.
c. The absentee ballot counting board shall occupy a location designated by the county auditor which must be open to any individual for the purpose of observing the counting process.
d. The absentee ballots must be opened and handled as required in section 16.1-07-12. The county auditor shall designate a location for the closing, counting, and canvassing process under chapter 16.1-15, which location must  be open to any person for the purpose of observing. The board shall comply  with the requirements of sections 16.1-15-04 through 16.1-15-12, as applicable.
At any time beginning on the day before election day and the closing of the polls on election day, the election clerks and board members of the relevant precinct first shall compare the signature on the application for an absent voter's ballot with the signature on the voter's affidavit provided for in section 16.1-07-08 to ensure the signatures correspond. If the applicant is then a duly qualified elector of the precinct and has not voted at the election, they shall open the absent voter's envelope in a manner as not to destroy the affidavit thereon. They shall take out the secrecy envelope with the ballot or ballots contained therein without unfolding the same, or permitting the same to be opened or examined and indicate in the pollbook of the election that the elector has voted. The election board members not participating in the comparing of signatures and entering voters into the pollbook shall remove the ballot or ballots from the secrecy envelope, unfold and initial the same, and deposit in the proper ballot box for tabulation. The votes from these cast ballots may not be tallied and the tabulation reports may not be generated until the polls have closed on election day. If the affidavit on the outer envelope of a returned absentee ballot is found to be insufficient, or that the signatures on the application and affidavit do not correspond, or that the applicant is not then a duly qualified elector of the precinct, the vote may not be allowed, but without opening the absent voter's envelope, the election inspector or election judge shall mark across the face thereof "rejected as defective" or "rejected as not an elector", as the case may be. These rejected ballots are then turned over to the county canvassing board for final determination of eligibility. The subsequent death of an absentee voter after having voted by absentee ballot does not constitute grounds for rejecting the ballot.
At polling places using electronic voting systems, absent voters' ballots, if any, must be entered in secrecy by the two election judges. The absentee electronic voting system ballots prepared pursuant to this section must be deposited in the ballot boxes and counted as other ballots. If the electronic voting system in use so provides, the actual electronic voting system ballot may be used as the absentee ballot.

Any person who violates any of the provisions of this chapter is guilty of a class A misdemeanor.

1. For any primary, general, or special statewide, district, or county election, the board of county commissioners may, before the sixtieth day before the day of the election, create a special precinct, known as an early voting precinct, to facilitate the conduct of early voting in that county according to chapters 16.1-13 and 16.1-15. At the determination of the county auditor, more than one voting location may be utilized for the purposes of operating the early voting precinct. The election board of the early voting precinct must be known as the early voting precinct election board. The county auditor shall supply the board with all necessary election supplies as provided in chapter 16.1-06.
 
2. If the board of county commissioners establishes an early voting precinct according to this section, the following provisions apply:
 
a. Early voting must be authorized during the fifteen days immediately before the day of the election. The county auditor shall designate the business days and times during which the early voting election precinct will be open and publish notice of the early voting center locations, dates, and times in the  official county newspaper once each week for three consecutive weeks  immediately before the day of the election
 b. The county auditor shall appoint the early voting precinct election board for each voting location that consists of one independent representative to act as the inspector and an equal number of representatives from each political party represented on an election board in the county, as set out in section 16.1-05-01, to act as judges. Each official of the board shall take the oath required by section 16.1-05-02 and must be compensated as provided in section 16.1-05-05.
c. The county auditor, with the consent of the board of county commissioners, shall designate each early voting location in a public facility, accessible to the elderly and the physically disabled as provided in section 16.1-04-02. With respect to polling places at early voting precincts, "election day" as used in sections 16.1-10-03 and 16.1-10-06.2 includes any time an early voting  precinct polling place is open.
d. At the close of each day of early voting, the inspector, along with a judge from each political party represented on the board, shall secure all election-related materials, including:
(1) The pollbooks and access to any electronically maintained pollbooks.
(2) The ballot boxes containing voted ballots.
(3) Any void, spoiled, and unvoted ballots.
e. Ballot boxes containing ballots cast at an early voting location may not be opened until the day of the election except as may be necessary to clear a ballot jam or to move voted ballots to a separate locked ballot box in order to make room for additional ballots.
f. Each early voting location may be closed, as provided in chapter 16.1-15, at  the end of the last day designated for early voting in the county. Results from the early voting precinct may be counted, canvassed, or released under  chapter 16.1-15 as soon as any precinct within the county, city, or legislative  district closes its polls on the day of the election. The county auditor shall  designate a location for the closing, counting, and canvassing process under chapter 16.1-15, which location must be open to any person for the purpose of observing.
g. The early voting precinct election board shall comply with the requirements of chapters 16.1-05, 16.1-13, and 16.1-15, as applicable.

 

The secretary of state is designated as the official responsible for providing information regarding absentee voting by military and overseas citizens eligible to vote in the state according to section 702 of the Help America Vote Act of 2002 [Pub. L. 107-252; 116 Stat. 1666; 42 U.S.C. 1973ff-1]. The secretary of state shall develop and provide uniform procedures for county auditors to follow when transmitting and receiving applications for absentee ballots to and from military and overseas voters.
The secretary of state shall establish a uniform procedure for county auditors to follow when notifying a military or overseas voter that the voter's absentee ballot was rejected. The procedure must provide that the notice include the reason why the voter's absentee ballot was rejected as provided by section 707 of the Help America Vote Act of 2002 [Pub. L. 107-252; 116 Stat. 1666; 42 U.S.C. 1973ff-1]. 
Each association shall adopt bylaws and regulations providing that in the event any member withdraws from employment in the department or ceases to be a member of the association, whether by death or otherwise, the member is entitled to a return of an amount which is not less than fifty percent nor more than one hundred percent of the member's contributions paid to the association without interest. Any benefits already received by that member must be deducted from the amount which would be returned to the member. Any applicant for a service pension who, subsequent to entry into the service of such fire department, has served in the military forces of the United States, may not have the period of that military service deducted in the computation of the period of service herein provided for, but that military service must be construed and counted as a part and portion of the member's active duty in that fire department. However, that credit for military service may not exceed five years. Any such member, who was a full-time regular firefighter at the time of the member's entry into the armed services and who seeks credit for that military service, shall, upon return to employment in the fire department, pay into the pension fund for each year of military service the same amount of money as the member would have contributed from the member's salary had the member been in the continuous employment of the department
Subject to the provisions of this title:
 
1. Any resident, or any member of the resident's family residing customarily with the resident, may hunt small game, fish, or trap during the open season without a license upon land owned or leased by the resident.
 
2. Residents or nonresidents under the age of sixteen years may fish without a fishing license.
 
3. Residents may fish at a private fish hatchery without a resident fishing license.
 
4. Developmental center at westwood park, Grafton patients, North Dakota youth correctional center students, school for the deaf students, North Dakota vision services - school for the blind students, state hospital patients, clients of regional  human service centers unit patients under direct therapeutic care, and residents of facilities licensed by the state department of health and the department of human services may fish without a resident fishing license. Patients of these institutions must be identified. The department shall issue authority to each institution.
 
5. Residents may fish without a resident fishing license on free fishing days. The date of these free fishing days may be set by proclamation by the governor.
 
6. Residents under age sixteen may take fur-bearers without a fur-bearer license.
 
7. Residents under age sixteen may take small game or waterfowl without a small game license.
 
8. Residents who are enrolled as students or serving as certified instructors during official aquatics education program events of the game and fish department may be granted free fishing privileges by discretion of the director.
 
9. Upon presentation of valid leave papers and a valid North Dakota operator's license, a resident who is on leave and is on active duty as a member of the United States armed forces or the United States merchant marine may hunt small game, fish, or trap during the open season without a license.

 

The various license and permit fees are as follows:
1. For a resident, age sixteen and over, small game hunting license, six dollars.
2. For a nonresident small game hunting license, eighty-five dollars.
3. For a resident big game hunting license, twenty dollars, except the fee for a licensee under age sixteen is ten dollars, except as provided in a gubernatorial proclamation issued pursuant to section 20.1-08-04.1.
4. Except for a nonresident who participates on the same basis as a resident in a lottery for deer licenses remaining after the second lottery for residents under subsection 4 of section 20.1-03-11, for a nonresident big game hunting license, two hundred dollars, and for a nonresident bow license, two hundred dollars, and a nonrefundable five dollar application fee must accompany any lottery license fee under this subsection, except as provided in a gubernatorial proclamation issued issued pursuant to section 20.1-08-04.1. For a nonresident who participates on the same basis as a resident in a lottery for deer licenses remaining after the second lottery for residents, fifty dollars.
5. For a resident fur-bearer license, seven dollars.
6. For a resident fishing license, ten dollars, except that for a resident sixty-five years or over or a resident totally or permanently disabled, the license fee is three dollars.
7. For a nonresident fishing license, thirty-five dollars.
8. For a nonresident short-term seven-day fishing license, twenty dollars.
9. For a resident husband and wife fishing license, fourteen dollars.
10. For a nonresident nongame hunting license, fifteen dollars.
11. For a resident wild turkey permit, eight dollars.
12. For an annual general game license, three dollars.
13. For a license to a nonresident buyer or shipper of green furs, or that person's agent, the amount that the nonresident buyer or shipper of green furs would pay for a nonresident buyer or shipper of green furs license or comparable license in that person's state of residence, or fifty dollars, whichever is greater.
14. For a license to a resident buyer or shipper of green furs, eight dollars for each place of business maintained by that person within this state.
15. For a license to a resident traveling agent, buyer, or shipper of green furs, twenty dollars.
16. For an annual license to practice taxidermy, twenty-five dollars.
17. For a permit to ship, by a person having a resident hunting license, during the respective open seasons, not to exceed in any one season twenty-five game birds, to points within this state other than that person's home or to points outside this state, three dollars.
18. For a permit to make collections of protected birds and animals for scientific purposes, ten dollars.
19. For a motorboat certificate of number and license: Each motorboat under sixteen feet [4.88 meters] in length, and all canoes, regardless of length, powered by a motor, twelve dollars. Each motorboat sixteen feet [4.88 meters] in length and over but shorter than twenty feet [6.1 meters] in length, excluding canoes, twenty-four dollars. Each motorboat twenty feet [6.1 meters] in length or over excluding canoes, thirty-three dollars.
20. To operate watercraft used for hire, the following license fees apply for three years:
Class 1. Each craft capable of carrying two adults of average weight, six dollars.
Class 2. Each craft capable of carrying three adults of average weight, six dollars.
Class 3. Each craft capable of carrying four adults of average weight, six dollars.
Class 4. Each craft capable of carrying five adults of average weight, six dollars.
Class 5. Each craft capable of carrying up to eight adults of average weight, nine dollars.
Class 6. Each craft capable of carrying up to ten adults of average weight, twelve 
 dollars.
Class 7. Each craft capable of carrying up to fifteen adults of average weight,
 twenty-four dollars.
Class 8. Each craft capable of carrying sixteen or more adults of average
 weight, thirty dollars.
21. For the taking of undesirable fish from the waters of this state pursuant to section 20.1-06-05, fifteen dollars for each hoop-net or trap, and fifteen dollars for each seine of fifty feet [15.24 meters] or any fraction thereof.
22. For a resident paddlefish tag annual license, three dollars per tag.
23. For a nonresident paddlefish tag annual license, seven dollars and fifty cents per tag.
24. For an annual resident license to sell minnows or other live bait at wholesale, fifty dollars.
25. For an annual license to sell minnows or other live bait at retail, fifteen dollars, except the fee is seventy-five dollars if white suckers are sold.
26. For an annual license to operate a private fish hatchery, seventy-five dollars.
27. For a resident commercial frog license, fifty dollars.
28. For a nonresident commercial frog license, two hundred dollars.
29. For a resident frog license, three dollars.
30. For a resident husband and wife frog license, five dollars.
31. For a shooting preserve operating permit, one hundred dollars, plus thirty cents per acre [.40 hectare] for each acre [.40 hectare].
32. For a nonresident waterfowl hunting license, eighty-five dollars.
33. For a nonresident husband and wife fishing license, forty-five dollars.
34. For a nonresident short-term three-day fishing license, fifteen dollars.
35. For a nonresident fur-bearer and nongame hunting license, twenty-five dollars.
36. For a combination license, thirty-two dollars.
37. For a white-tailed deer license sold to certified guides or outfitters and provided by them to nonresidents, two hundred fifty dollars.
38. For a resident swan license, five dollars.
39. For a nonresident swan license, twenty-five dollars.
40. For a resident and nonresident sandhill crane license, five dollars.
41. For a resident commercial clam license, one hundred dollars.
42. For a nonresident commercial clam license, one thousand dollars.
43. For a commercial clam dealer's permit, two thousand dollars. In addition, the applicant shall submit to the director a surety bond in the sum of two thousand dollars.
44. For an annual class B nonresident license to sell minnows or other live bait at wholesale, two hundred fifty dollars.
45. For a bighorn sheep license issued to a nonresident, five hundred dollars.
46. For a nonresident reciprocal trapping license, two hundred fifty dollars.
47. For a nonresident spring white goose license, fifty dollars.
48. For a resident certificate fee, one dollar, and for a nonresident certificate fee, two dollars. An agent may not charge a service fee for issuing a resident or nonresident certificate fee.
49. For a nonresident short-term ten-day fishing license, twenty-five dollars.
50. For a nonresident wild turkey permit, eighty dollars.
51. For a statewide nonresident waterfowl hunting license, one hundred twenty-five dollars.
52. For an annual class A nonresident license to sell minnows or other live bait at wholesale, five hundred dollars. The fees for these licenses and permits must be deposited with the state treasurer and credited to the game and fish fund. Forty-five dollars of each nonresident big game hunting license fee must be used for the private land initiative.

 

1. The board is charged with the investment of the following funds:
 
a. State bonding fund.
b. Teachers' fund for retirement.
c. State fire and tornado fund.
d. Workforce safety and insurance fund.
e. National guard tuition trust fund.
f. Public employees retirement system.
g. Insurance regulatory trust fund.
h. State risk management fund.
i. Budget stabilization fund.
j. Health care trust fund.
k. Cultural endowment fund.
l. Petroleum tank release compensation fund.
m. Legacy fund.
 
2. Separate accounting must be maintained for each of the funds listed in subsection 1. The moneys of the individual funds may be commingled for investment purposes when determined advantageous.
 
3. The state investment board may provide investment services to, and manage the money of, any agency, institution, or political subdivision of the state, subject to agreement with the industrial commission. The scope of services to be provided by the state investment board to the agency, institution, or political subdivision must be specified in a written contract. The state investment board may charge a fee for providing investment services and any revenue collected must be deposited in the state retirement and investment fund.
Any entity owning, conducting, or maintaining a cemetery or plot for the burial of dead human bodies may use the procedures in this section to reinvest itself with the title to a portion of a cemetery which was conveyed by deed to a person but which has not been used for purposes of burial for more than sixty years.
 
1. The entity owning, conducting, or maintaining a cemetery may pass a resolution demanding that the owner of a portion of a cemetery which has been unused for more than sixty years express an interest in the cemetery plot. The entity shall personally serve a copy of its resolution on the owner in the same manner as personal service of process in a civil action. The resolution must notify the owner that the owner must, within sixty days after service of the resolution on the owner, express an interest in retaining the unused cemetery plot.
 
2. If the owner of the unused plot cannot personally be served with a copy of the resolution of the entity because the owner cannot be found in this state or for any other valid reason, the entity shall publish its resolution for three consecutive weeks in the official newspaper of the county where the cemetery is located and shall mail a copy of the resolution within fourteen days after the third publication to the owner's last-known address.
 
3. If within sixty days after personal service or after publication of the board's resolution is completed, the owner or person with a legal interest in the cemetery plot fails to express an interest in retaining the unused cemetery plot, the owner's rights are terminated and title to that person's plot reverts to the entity owning, conducting, or maintaining the cemetery.
 
4. It is a conclusive presumption that an owner has abandoned a cemetery plot if for a period of more than sixty years the owner has not used any portion of the lot for purposes of burial and has not made provision for care of the lot beyond that provided uniformly to all lots within the cemetery and if the owner has failed to express an interest in retaining the cemetery plot after notice provided in this section
All persons, corporations, municipalities, associations, and organizations owning, conducting, or maintaining a cemetery or plot for the burial of dead human bodies shall:
 
1. Provide for a sexton or secretary.
 
2. Cause the lot or parcel of ground used and designated as a cemetery to be platted into orderly blocks and lots, alleys and streets or driveways, giving to each a distinctive name or number that must be a permanent designation of its location.
 
3. File the original plat with the recorder of the county in which the cemetery or place of burial is located and the copy or blueprint thereof with the sexton or secretary.
 
4. Register with the state department of health the name and location of the cemetery or place of burial, the name and address of the sexton, and the name and address of other officers of the cemetery association, corporation, or organization.
 
5. Furnish such information and reports as the state department of health may require including the submission of plans and specifications for review and approval before constructing, erecting, or placing on the burial site for the burial or disposition of any human remains any interment structure or device constructed or placed wholly or partially above the natural surface of the ground.
 
6. Keep a local register of all burials showing as to each burial the name of the deceased, the date and location of burial, the date of death, and the name and address of the undertaker.

 

Any housing authority may undertake the development and administration of projects to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities who, as determined by the housing authority, would not otherwise be able to secure safe and sanitary dwellings within the vicinity thereof. In the ownership, development, or administration of such projects, a housing authority has all the rights, powers, privileges, and immunities that such authority has under any provisions of law relating to the ownership, development, or administration of slum clearance and housing projects for persons of low income. The authority shall exercise such rights, powers, and privileges as though all the provisions of law applicable to slum clearance and housing projects for persons of low income were applicable to projects developed or administered to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities as provided in this section. Housing projects developed or administered hereunder constitute housing projects under the provisions of this chapter. When a housing authority finds that within its area of operation, or any part thereof, there is an acute shortage of safe and sanitary dwellings which impedes the national defense program or the general welfare of veterans and that necessary and safe and sanitary dwellings would not otherwise be provided when needed for such persons, any project developed or administered by such housing authority or by any housing authority cooperating with such authority pursuant to this section, with the financial aid of the federal government or as agent for the federal government as hereinafter provided, is not subject to the limitations provided in sections 23-11-13 and 23-11-14. Any such finding must be conclusive in any suit, action, or other proceeding. A housing authority may make payments in such amounts as it finds necessary or desirable for any services, facilities, works, privileges, or improvements furnished for or in connection with any such projects. After the national defense period any such projects owned and administered by a housing authority must be administered in accordance with the preceding sections of this chapter except veterans are not subject to the limitations in section 23-11-14.
Expenses for care and treatment of each patient at the developmental center at westwood park, Grafton must, if practicable, be in accordance with the cost of providing care and treatment for the different degrees or conditions of mental and physical health and charges may be adjusted in accordance with the patient's ability to pay which must include an estimate of potential future receipts, including amounts from estates. The supervising department shall recover from the patient or from a discharged patient expenses chargeable for care and treatment. If any patient is receiving social security benefits or is a veteran or a dependent of a veteran who has received, is receiving, or is entitled to receive compensation or pension from the veterans' administration, the expenses are a current claim against the patient and may be recovered monthly by the supervising department except that any amount required by the payer of the benefits to be paid directly to the patient must, upon approval of the department of human services, be credited to the patient's personal account from any money thus received.
In this chapter, unless the context or subject matter otherwise provides:
 
1. "Adjudicative proceeding" means an administrative matter resulting in an agency issuing an order after an opportunity for hearing is provided or required. An adjudicative proceeding includes administrative matters involving a hearing on a complaint against a specific-named respondent; a hearing on an application seeking a right, privilege, or an authorization from an agency, such as a ratemaking or licensing hearing; or a hearing on an appeal to an agency. An adjudicative proceeding includes reconsideration, rehearing, or reopening. Once an adjudicative proceeding has begun, the adjudicative proceeding includes any informal disposition of the administrative matter under section 28-32-22 or another specific statute or rule, unless the matter has been specifically converted to another type of proceeding under section 28-32-22. An adjudicative proceeding does not include a decision or order to file or not to file a complaint, or to initiate an investigation, an adjudicative proceeding, or any other proceeding before the agency, or another agency, or a court. An adjudicative proceeding does not include a decision or order to issue, reconsider, or reopen an order that precedes an opportunity for hearing or that under another section of this code is not subject to review in an adjudicative proceeding. An adjudicative proceeding does not include rulemaking under this chapter.
 
2. "Administrative agency" or "agency" means each board, bureau, commission, department, or other administrative unit of the executive branch of state government, including one or more officers, employees, or other persons directly or indirectly purporting to act on behalf or under authority of the agency. An administrative unit located within or subordinate to an administrative agency must be treated as part of that agency to the extent it purports to exercise authority subject to this chapter. The term administrative agency does not include:
 
a. The office of management and budget except with respect to rules made under section 32-12.2-14, rules relating to conduct on the capitol grounds and in buildings located on the capitol grounds under section 54-21-18, rules relating to the classified service as authorized under section 54-44.3-07, and rules relating to state purchasing practices as required under section 54-44.4-04.
b. The adjutant general with respect to the department of emergency services.
c. The council on the arts.
d. The state auditor
e. The department of commerce with respect to the division of economic development and finance.
f. The dairy promotion commission.
g. The education factfinding commission.
h. The educational technology council.
i. The board of equalization.
j. The board of higher education.
k. The Indian affairs commission.
l. The industrial commission with respect to the activities of the Bank of North Dakota, North Dakota housing finance agency, public finance authority, North Dakota mill and elevator association, North Dakota farm finance agency, the North Dakota transmission authority, and the North Dakota pipeline authority. The department of corrections and rehabilitation except with respect to the activities of the division of adult services under chapter 54-23.4.
n. The pardon advisory board.
o. The parks and recreation department.
p. The parole board.
q. The state fair association.
r. The attorney general with respect to activities of the state toxicologist and the state crime laboratory.
s. The board of university and school lands except with respect to activities under chapter 47-30.1.
t. The administrative committee on veterans' affairs except with respect to rules relating to the supervision and government of the veterans' home and the implementation of programs or services provided by the veterans' home.
u. The industrial commission with respect to the lignite research fund except as required under section 57-61-01.5.
v. The attorney general with respect to guidelines adopted under section 12.1-32-15 for the risk assessment of sexual offenders, the risk level review process, and public disclosure of information under section 12.1-32-15.
w. The commission on legal counsel for indigents.
x. The attorney general with respect to twenty-four seven sobriety program guidelines and program fees.
 
3. "Agency head" means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by law.
 
4. "Complainant" means any person who files a complaint before an administrative agency pursuant to section 28-32-21 and any administrative agency that, when authorized by law, files such a complaint before such agency or any other agency.
 
5. "Hearing officer" means any agency head or one or more members of the agency head when presiding in an administrative proceeding, or, unless prohibited by law, one or more other persons designated by the agency head to preside in an administrative proceeding, an administrative law judge from the office of administrative hearings, or any other person duly assigned, appointed, or designated to preside in an administrative proceeding pursuant to statute or rule.
 
6. "License" means a franchise, permit, certification, approval, registration, charter, or similar form of authorization required by law.
 
7. "Order" means any agency action of particular applicability which determines the legal rights, duties, privileges, immunities, or other legal interests of one or more specific persons. The term does not include an executive order issued by the governor.
 
8. "Party" means each person named or admitted as a party or properly seeking and entitled as of right to be admitted as a party. An administrative agency may be a party. In a hearing for the suspension, revocation, or disqualification of an operator's license under title 39, the term may include each city and each county in which the alleged conduct occurred, but the city or county may not appeal the decision of the hearing officer.
 
9. "Person" includes an individual, association, partnership, corporation, limited liability company, state governmental agency or governmental subdivision, or an agency of such governmental subdivision.
 
10. "Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the administrative action more probable or less probable than it would be without the evidence.
 
11. "Rule" means the whole or a part of an agency statement of general applicability which implements or prescribes law or policy or the organization, procedure, or practice requirements of the agency. The term includes the adoption of new rules and the amendment, repeal, or suspension of an existing rule. The term does not include:
 
a. A rule concerning only the internal management of an agency which does not directly or substantially affect the substantive or procedural rights or duties of any segment of the public.
b. A rule that sets forth criteria or guidelines to be used by the staff of an agency in the performance of audits, investigations, inspections, and settling commercial disputes or negotiating commercial arrangements, or in the defense, prosecution, or settlement of cases, if the disclosure of the statement would:
(1) Enable law violators to avoid detection;
(2) Facilitate disregard of requirements imposed by law; or
(3) Give a clearly improper advantage to persons who are in an adverse position to the state.
c. A rule establishing specific prices to be charged for particular goods or services sold by an agency.
d. A rule concerning only the physical servicing, maintenance, or care of agency-owned or agency-operated facilities or property.
e. A rule relating only to the use of a particular facility or property owned, operated, or maintained by the state or any of its subdivisions, if the substance of the rule is adequately indicated by means of signs or signals to persons who use the facility or property.
f. A rule concerning only inmates of a correctional or detention facility, students enrolled in an educational institution, or patients admitted to a hospital, if adopted by that facility, institution, or hospital.
g. A form whose contents or substantive requirements are prescribed by rule or statute or are instructions for the execution or use of the form.
h. An agency budget.
i. An opinion of the attorney general.
j. A rule adopted by an agency selection committee under section 54-44.7-03.
k. Any material, including a guideline, interpretive statement, statement of  general policy, manual, brochure, or pamphlet, which is explanatory and not intended to have the force and effect of law.

 

1. "Adjudicative proceeding" means an administrative matter resulting in an agency issuing an order after an opportunity for hearing is provided or required. An adjudicative proceeding includes administrative matters involving a hearing on a complaint against a specific-named respondent; a hearing on an application seeking a right, privilege, or an authorization from an agency, such as a ratemaking or licensing hearing; or a hearing on an appeal to an agency. An adjudicative proceeding includes reconsideration, rehearing, or reopening. Once an adjudicative proceeding has begun, the adjudicative proceeding includes any informal disposition of the administrative matter under section 28-32-22 or another specific statute or rule, unless the matter has been specifically converted to another type of proceeding under section 28-32-22. An adjudicative proceeding does not include a decision or order to file or not to file a complaint, or to initiate an investigation, an adjudicative
proceeding, or any other proceeding before the agency, or another agency, or a court. An adjudicative proceeding does not include a decision or order to issue, reconsider, or reopen an order that precedes an opportunity for hearing or that under another section of this code is not subject to review in an adjudicative proceeding.
An adjudicative proceeding does not include rulemaking under this chapter.
 
2. "Administrative agency" or "agency" means each board, bureau, commission, department, or other administrative unit of the executive branch of state government, including one or more officers, employees, or other persons directly or indirectly purporting to act on behalf or under authority of the agency. An administrative unit
located within or subordinate to an administrative agency must be treated as part of that agency to the extent it purports to exercise authority subject to this chapter. The
term administrative agency does not include:
 
a. The office of management and budget except with respect to rules made under section 32-12.2-14, rules relating to conduct on the capitol grounds and 
in buildings located on the capitol grounds under section 54-21-18, rules relating to the classified service as authorized under section 54-44.3-07, and rules relating to state purchasing practices as required under section 54-44.4-04.
b. The adjutant general with respect to the department of emergency services.
c. The council on the arts.
d. The state auditor
e. The department of commerce with respect to the division of economic development and finance.
f. The dairy promotion commission.
g. The education factfinding commission.
h. The educational technology council.
i. The board of equalization.
j. The board of higher education.
k. The Indian affairs commission.
l. The industrial commission with respect to the activities of the Bank of North Dakota, North Dakota housing finance agency, public finance authority, North
 Dakota mill and elevator association, North Dakota farm finance agency, the North Dakota transmission authority, and the North Dakota pipeline authority.
m. The department of corrections and rehabilitation except with respect to the activities of the division of adult services under chapter 54-23.4.
n. The pardon advisory board.
o. The parks and recreation department.
p. The parole board.
q. The state fair association.
r. The attorney general with respect to activities of the state toxicologist and the state crime laboratory.
s. The board of university and school lands except with respect to activities under chapter 47-30.1.
t. The administrative committee on veterans' affairs except with respect to rules relating to the supervision and government of the veterans' home and the
 implementation of programs or services provided by the veterans' home.
u. The industrial commission with respect to the lignite research fund except as required under section 57-61-01.5.
v. The attorney general with respect to guidelines adopted under section 12.1-32-15 for the risk assessment of sexual offenders, the risk level review process, and public disclosure of information under section 12.1-32-15.
w. The commission on legal counsel for indigents.
x. The attorney general with respect to twenty-four seven sobriety program guidelines and program fees.
 
3. "Agency head" means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by law.
 
4. "Complainant" means any person who files a complaint before an administrative agency pursuant to section 28-32-21 and any administrative agency that, when
 authorized by law, files such a complaint before such agency or any other agency.
 
5. "Hearing officer" means any agency head or one or more members of the agency head when presiding in an administrative proceeding, or, unless prohibited by law,  one or more other persons designated by the agency head to preside in an administrative proceeding, an administrative law judge from the office of administrative hearings, or any other person duly assigned, appointed, or designated to preside in an administrative proceeding pursuant to statute or rule.
 
6. "License" means a franchise, permit, certification, approval, registration, charter, or similar form of authorization required by law.
 
7. "Order" means any agency action of particular applicability which determines the legal rights, duties, privileges, immunities, or other legal interests of one or more
 specific persons. The term does not include an executive order issued by the governor.
 
8. "Party" means each person named or admitted as a party or properly seeking and entitled as of right to be admitted as a party. An administrative agency may be a party. In a hearing for the suspension, revocation, or disqualification of an operator's license under title 39, the term may include each city and each county in which the alleged conduct occurred, but the city or county may not appeal the decision of the hearing officer.
 
9. "Person" includes an individual, association, partnership, corporation, limited liability company, state governmental agency or governmental subdivision, or an agency of such governmental subdivision.
 
10. "Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the administrative action
 more probable or less probable than it would be without the evidence.
 
11. "Rule" means the whole or a part of an agency statement of general applicability which implements or prescribes law or policy or the organization, procedure, or practice requirements of the agency. The term includes the adoption of new rules and the amendment, repeal, or suspension of an existing rule. The term does not include:
 
a. A rule concerning only the internal management of an agency which does not directly or substantially affect the substantive or procedural rights or duties of
 any segment of the public.
b. A rule that sets forth criteria or guidelines to be used by the staff of an agency in the performance of audits, investigations, inspections, and settling commercial disputes or negotiating commercial arrangements, or in the defense, prosecution, or settlement of cases, if the disclosure of the statement
would:
 
 (1) Enable law violators to avoid detection;
 (2) Facilitate disregard of requirements imposed by law; or
 (3) Give a clearly improper advantage to persons who are in an adverse position to the state.
 
 c. A rule establishing specific prices to be charged for particular goods or  services sold by an agency.
d. A rule concerning only the physical servicing, maintenance, or care of agency-owned or agency-operated facilities or property.
e. A rule relating only to the use of a particular facility or property owned, operated, or maintained by the state or any of its subdivisions, if the substance of the rule is adequately indicated by means of signs or signals to persons who use the facility or property.
f. A rule concerning only inmates of a correctional or detention facility, students enrolled in an educational institution, or patients admitted to a hospital, if adopted by that facility, institution, or hospital.
g. A form whose contents or substantive requirements are prescribed by rule or statute or are instructions for the execution or use of the form.
h. An agency budget.
i. An opinion of the attorney general.
j. A rule adopted by an agency selection committee under section 54-44.7-03.
k. Any material, including a guideline, interpretive statement, statement of  general policy, manual, brochure, or pamphlet, which is explanatory and not  intended to have the force and effect of law.

 

1. On a petition for appointment of a conservator or other protective order, the person to be protected and the spouse of the person to be protected or, if none, the parents of the person to be protected, must be served personally with notice of the proceeding at least fourteen days before the date of hearing if they can be found within the state, or, if they cannot be found within the state, they, any other guardian or conservator, and any government agency paying benefits to the person sought to be protected (if the person seeking the appointment has knowledge of the existence of these benefits) must be given notice in accordance with section 30.1-03-01. Waiver by the person to be protected is not effective unless the proceedings are limited to payment of veterans' administration benefits, the person to be protected attends the hearing, or, unless minority is the reason for the proceeding, waiver is confirmed in an interview with the visitor.
 
2. Notice of a petition for appointment of a conservator or other initial protective order, and of any subsequent hearing, must be given to any person who has filed a request for notice under section 30.1-29-06 and to interested persons and other persons as the court may direct. Except as otherwise provided in subsection 1, notice shall be given in accordance with section 30.1-03-01.

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