1.    This chapter must be administered by the commissioner.

Terms Used In North Dakota Code 51-19-17

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Rule: includes regulation. See North Dakota Code 1-01-49
  • seal: includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. See North Dakota Code 1-01-38
  • 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
  • Subpoena: A command to a witness to appear and give testimony.

2.     a.    The commissioner shall charge and collect the fees fixed by this section. All fees and charges collected under this section must be transmitted to the state treasurer and must be credited to the general fund.

b.    The fee for filing an application for registration of the sale of franchises is two hundred fifty dollars.

c.    The fee for filing an application for renewal of an application is one hundred dollars.

d.    The fee for filing an amendment to the application is fifty dollars. e.    The fee for filing a notice of exemption is one hundred dollars.

f.    The fee for filing for renewal of a notice of exemption is fifty dollars.

g.    The expenses reasonably attributable to the investigation or examination of any matter arising under this chapter must be charged to the applicant or registrant involved, but the expenses so charged may not exceed such maximum amounts as the commissioner by rule prescribes.

3.     a.    The commissioner may from time to time make, amend, and rescind such rules, forms, and orders as are necessary to carry out the provisions of this chapter, including rules and forms governing applications and reports and defining any terms, whether or not used in this chapter, insofar as the definitions are not inconsistent with the provisions of this chapter.

b.    All rules of the commissioner, other than those relating solely to the internal administration of the commissioner’s office, must be made, amended, or rescinded in accordance with chapter 28-32.

4.     a.    All applications, reports, and other papers and documents filed with the commissioner under this chapter must be open to public inspection, except that the commissioner may withhold from public inspection any information the disclosure of which is, in the judgment of the commissioner, not necessary in the public interest or for the protection of investors. The commissioner may publish any information filed with the commissioner or obtained by the commissioner, if, in the judgment of the commissioner, such action is in the public interest. No provision of this chapter authorizes the commissioner or any of the commissioner’s assistants, clerks, or deputies to disclose any information withheld from public inspection except among themselves or when necessary or appropriate in a proceeding or investigation under this chapter or to other federal or state regulatory agencies. No provision of this chapter either creates or derogates from any privilege which exists at common law or otherwise when    documentary or other evidence is sought under a subpoena directed to the commissioner or any of the commissioner’s assistants, clerks, or deputies.

b.    It is unlawful for the commissioner or any of the commissioner’s assistants, clerks, or deputies to use for personal benefit any information which is filed with or obtained by the commissioner and which is not then generally available to the public.

5.    A document is filed when it is received by the commissioner.

6.    Upon request and at such reasonable charges as the commissioner prescribes by rule, the commissioner shall furnish to any person photostatic or other copies, certified under the commissioner’s seal of office if requested, of any document which is retained as a matter of public record except that the commissioner may not charge or collect any fee for photostatic or other copies of any document furnished to public officers for use in their official capacity. In any judicial proceeding or prosecution, any copy so certified is prima facie evidence of the contents of the document certified.