Section 4-11-01-04 - Operating procedures1. The board will meet on a quarterly basis, or at the call of the chairperson according to need. 2. No meeting will be convened unless three board members are present. An affirmative vote of at least three board members is required for board action or recommendation. 3. The board will afford the operator a reasonable opportunity to explain the circumstances surrounding the accident, including anything the operator believes contributed to its cause. The operator may present written evidence relative to the accident. 4. In making its decision, the board shall use the definitions of preventable accident and nonpreventable accident in section 4-11-01-01. All decisions must be made without prejudice or bias and must be based solely on facts presented through reports submitted or testimony given to the board. Decisions must be based on general guidelines of the defensive driving concept as defined in section 4-11-01-01. 5. If the board finds an accident preventable, it shall recommend corrective actions to the head of the agency employing the operator. The recommendations may include the corrective actions in section 4-11-01-01. It is the employing agency head's responsibility to decide what corrective actions will be implemented. 6. Board records must contain the decision and be kept on file with the department for a period of three years following the year in which the accident occurred. 7. The board shall issue to the operator and the operator's agency head a notification, in writing, of the board's decision within seven business days of the date of the decision. a. This notification must advise the operator of the right to request reconsideration of the decision. b. If the accident is classified as preventable and the board recommends any type of corrective action as a result, the notification must include: (2) The recommended corrective actions; and (3) The operator's right to request the board to reconsider its decision. 8. An operator who disagrees with the original classification or recommended corrective actions has the right to request reconsideration by the board. Reconsideration procedures include: a. Filing a written notice of the request for reconsideration with the director of the risk management division of the office of management and budget within fourteen business days after the notification was mailed to the operator. The request must include any pertinent new information the operator would like the board to consider and a brief statement of the grounds for reconsideration. b. If the director of risk management determines the additional information provided by the operator warrants reconsideration by the board, the additional information must be reviewed at a subsequent board meeting. The operator has the right to appear at the meeting and present evidence or witnesses who can offer relevant information. c. The operator will be paid the operator's regular salary, will be reimbursed for travel expenses, and may not be required to take any leave for time needed to assist the board in its review. Any costs associated with corrective actions must be borne by the operator's employing agency. d. The board reserves the right to change its classification or recommendation based on any additional information the operator presents in the request for reconsideration. e. If the director of risk management determines the additional information provided with the request for reconsideration does not support reconsideration, the original decision by the board is final and the matter will not be scheduled for reconsideration. N.D. Admin Code 4-11-01-04
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