North Dakota Code 43-30-10.1 – Issuance of citations for unauthorized practice – Administrative fee – Appeal
1. The board may issue a citation to a person who the board finds probable cause to believe has violated section 43-30-10.
Terms Used In North Dakota Code 43-30-10.1
- 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.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
2. A citation must be in writing and describe with particularity the nature of the violation.
The citation must also inform the person of the provisions of subsection 5. A separate citation must be issued for each violation.
3. If appropriate, the citation must contain an order of abatement fixing a reasonable time for abatement of the violation.
4. The board may assess an administrative fee of:
a. For the first violation, up to two hundred fifty dollars. b. For the second violation, up to five hundred dollars.
c. For the third or subsequent violation, up to one thousand dollars.
5. To appeal the finding of a violation, the person must request a hearing by written notice of appeal to the board within thirty days after the date of issuance of the citation.
6. An appeal must be heard under the procedures contained in chapter 28-32, unless the citation is brought in district court.
7. A citation does not preclude a civil injunction or the criminal prosecution and punishment of a violator.