North Dakota Code 43-02.2-10 – Enforcement procedures – Investigations
1. If this chapter authorizes the board to revoke, deny, or suspend the certificate, license, practice privilege, or permit of any licensee or holder of a practice privilege, the individual or firm has a right to a hearing on such contemplated disciplinary action and has a right to appeal to the courts from the decision of the board on the hearing. All of the provisions of chapter 28-32 relating to proceedings before an administrative agency are applicable to and govern the notice of hearing, the hearing, and the right of appeal from the board’s decision.
Terms Used In North Dakota Code 43-02.2-10
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. The board, upon receipt of a complaint or other information suggesting violations of this chapter or of the rules of the board, may conduct investigations to determine whether there is reasonable basis to pursue disciplinary action against any individual or firm for the violation.
3. The board may designate a member or employee to serve as investigating officer to conduct an investigation. Upon completion of an investigation, the investigating officer may file a report with the board. The board may find grounds to pursue disciplinary action under section 43-02.2-09 upon the basis of the report or may return the report to the investigating officer for further investigation.
4. Until there has been a determination to pursue disciplinary action under section 43-02.2-09, the report of the investigating officer, the complaint, if any, the testimony and documents submitted in support of the complaint or gathered in the investigation, and the fact of pendency of the investigation must be treated as confidential information and may not be disclosed to any person except law enforcement authorities and, to the extent deemed necessary in order to conduct the investigation, the subject of the investigation, persons whose complaints are being investigated, and witnesses questioned in the course of the investigation.