N.D. Admin. Code 109-02-04-07.1

Current through Supplement No. 395, January, 2025

Section 109-02-04-07.1 - Certified training provider and certified instructor denial, suspension, revocation, or imposition of probationary terms

1. The board may deny, suspend, revoke, or place conditions upon a training provider's or certified instructor's certification, or impose probationary conditions on the training provider or certified instructor, or suspend or revoke certification of a training course if the training provider or certified instructor:

a. Fails to provide instruction consistent with the prescribed performance objectives in the subject areas for which the training provider or training course was certified;

b. Fails to comply with or cooperate in a board investigation of the training provider or training course, including an investigation of misconduct by students, faculty, or staff. For purposes of this requirement, the term "misconduct" includes cheating on a licensing examination or tests required by the training provider or the board, helping another individual to cheat on a licensing examination or tests required by the training provider or the board, filing a false report or information with the board, or obstructing a board investigation; or

c. Fails to comply with North Dakota Century Code chapter 12-63 or the rules of the board.

2. Failure to comply with board requirements may result in one or more of the following:

a. A letter of censure to the certified training provider or certified instructor;

b. Formal or informal probation for the certified training provider or certified instructor; or

c. Denial, denial of renewal, suspension, or revocation of certification of the certified training provider, certified instructor, or certified training course.

3. The board shall notify in writing any certified training provider or certified instructor when the board denies, denies renewal of, suspends, revokes, or places conditions upon certification. The notice must specify the basis of the denial, denial of renewal, suspension, or revocation of the certification. The certified training provider or certified instructor may request a hearing in accordance with North Dakota Century Code chapter 28-32.

N.D. Admin Code 109-02-04-07.1

Effective April 1, 2014

Adopted by Administrative Rules Supplement 2022-384, April 2022, effective 4/1/2022.

General Authority: NDCC 12-63-04(2)(d)

Law Implemented: NDCC 12-63-04(1)(a)(b)(c)