North Dakota Code 43-53-10 – Disciplinary proceedings
1. The board may deny an application or institute a disciplinary proceeding concerning a licensee on the following grounds:
Terms Used In North Dakota Code 43-53-10
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Verified: means sworn to before an officer authorized to administer oaths. See North Dakota Code 1-01-42
- year: means twelve consecutive months. See North Dakota Code 1-01-33
a. Conviction by a court of competent jurisdiction of an offense that the board determines to be of such a nature as to render the licensee unfit to practice marriage and family therapy. The board may compile, maintain, and publish a list of such offenses.
b. Violation of ethical standards of such a nature as to render the licensee unfit to practice marriage and family therapy. The board shall publish such ethical standards.
c. Fraud or misrepresentation in obtaining a license.
d. Any just and sufficient cause that renders a licensee unfit to practice marriage and family therapy.
2. An applicant may be denied a license, and a licensee may be suspended or revoked, placed on supervised or unsupervised probation, required to take corrective action, attend continuing education, or fined up to two hundred dollars per violation for the reasons set forth in subsection 1. A licensee may not be disciplined under this section except by majority vote of the full board, notwithstanding any other provision of this chapter. The board may also charge the licensee with its reasonable expenses and reasonable attorney’s fees for any disciplinary matter resulting in disciplinary action.
3. Any person may file a complaint with the board seeking discipline of a licensee. The complaint must be in a form prescribed by the board and must be verified under oath by the complainant or a duly authorized officer of a complainant. If the board determines that a complaint alleges facts that, if true, would require discipline of a licensee, the board promptly shall institute a hearing. If the board determines a complaint does not state facts warranting a hearing, the complaint may be dismissed. The board may institute a hearing for discipline of a licensee on its own motion.
4. Any person may be permitted to intervene and participate in board hearings on denial, suspension, or revocation of licenses upon a showing of an interest in such proceeding.
5. Any individual who has been suspended or revoked may not apply to the board for vacation of the suspension until the time specified in the board’s order is complete or for reinstatement of the license until one year after the board’s order or such other time as specified in the board’s order is complete.