Section 4-11-01-03 - Composition and responsibilities1. Composition: a. The board consists of five voting members. Of those five members, three are ex officio permanent members and two are members who serve two-year terms. b. The three ex officio permanent board members are: (1) The director of the department of transportation or the director's designee, who is chairperson. (2) The director of the office of management and budget or the director's designee. (3) The superintendent of the highway patrol or the superintendent's designee. c. The two nonpermanent board members are at-large designees selected by the three ex officio permanent board members. Criteria for selection of the nonpermanent board members include the total number of miles a potential nonpermanent board member's agency's personnel operate state-owned or state-leased fleet vehicles and that agency's accident rates. 2. Responsibilities of the board include: a. Reviewing accidents involving a state-owned or state-leased vehicle operated by a state employee which involve bodily injury or significant property damage and reviewing operator appeals of recommendations made by the department. b. Adopting rules concerning receiving accident reports, holding meetings, receiving verbal or written information, making recommendations, communicating with state agencies and employees, and informing state agencies of its recommendations. c. An impartial review of the facts and application of the board's rules, d. Taking a fair and objective vote on each matter before the board. 3. Responsibilities of the chairperson of the board include: a. Scheduling the board's meetings and notifying all participants. This includes notifying the operator and the operator's agency head of the date, time, and place the board will convene to review the accident involving the operator. b. Directing all activities of the board and being responsible for receiving, preparing, presenting, and maintaining all of the records, reports, and other materials pertaining to the operation of the board. c. Providing the operator and the operator's agency head with the board's written decision and recommendation of corrective action. 4. The department of transportation fleet services division will review all reportable state fleet motor vehicle accidents and report accidents of agencies not exempt from review by the board to the board if either or both of the following apply: a. A preliminary review shows that the accident appears to have been preventable, using the definition of preventable accident under section 4-11-01-01 and the accident resulted in bodily injury or significant property damage. b. A citation was issued to the operator of the state-owned or state-leased vehicle. 5. The department of transportation fleet services division will use forms approved by the board to provide information pertaining to the reportable state fleet motor vehicle accident subject to the board's review. Information contained on those forms must include a description of the accident, possible underlying causes of the accident, any immediate corrective action taken to prevent reoccurrence, suggested measures to prevent reoccurrence, and whether the operator has indicated that the operator will present written evidence concerning the accident. 6. The board will develop a form to record its decision. The form may be incorporated as a part of the form used by the department of transportation fleet services division to report an accident to be reviewed by the board. Information contained on the decision recording form must include the names of the board members reviewing the matter, a determination of whether the accident was preventable by the operator, the reasons the accident was determined preventable, the date of the decision, and the recommendation to be made to the operator's agency head. 7. The department will review all accidents that do not involve bodily injury or significant property damage to determine whether the accident was preventable and recommend corrective actions to the operator's agency head. 8. The board will review appeals from operators that object to any findings or recommendations made by the department. N.D. Admin Code 4-11-01-03
Effective May 1, 2000; amended effective January 1, 2012.General Authority: NDCC 28-32-02, 32-12.2-14
Law Implemented: NDCC 32-12.2-14