N.D. Admin. Code tit. 10 | N.D. Admin. Code Title 10 — Attorney General

Article 10-01 Organization

Chapter 10-01-01 General Administration

N.D. Admin. Code 10-01-01-01 Organization of office of attorney general

1.History. The attorney general is a constitutional officer whose duties are primarily legal in nature. The office is not, for most purposes, an administrative agency. However, the legislative assembly has determined that certain licensing functions should be under the administration of the attorney general and some of these functions involve the adoption of rules pursuant to the Administrative Agencies Practice Act, North Dakota Century Code chapter 28-32.

The attorney general is the constitutionally elected head of the office of attorney general. The office includes a general counsel, assistant attorneys general, investigators, licensing regulators, accountants, training officers, statisticians, and other necessary support staff.

Some state agencies have legal counsel with the title of special assistant attorney general who are paid by the employing agency but appointed by the attorney general and are legally responsible to the attorney general.

2.Divisions and functions. The office of attorney general of the state of North Dakota is divided into the divisions described in this subsection. The organization by divisions provides for supervision at a lower level and allows all of the portfolios to be assigned on a centralized

basis rather than by individual subject matter or attorney.

Each division is headed by a director appointed by the attorney general. The director of each division is the primary contact person for that division and is responsible for the overall management of the division.

The office includes the following divisions:

a.Attorney general administration division. The attorney general division includes the attorney general, the chief deputy attorney general, an executive assistant, and a public information officer for the office of the attorney general. The executive assistant may serve also as the public information officer. The division is primarily responsible for executive staff management, the agency's human resources requirements, constituent resources, and serves as a liaison with the legislative assembly and elected officials.

b.Finance and administration division. The finance and administration division is responsible for supervising office financial and administrative functions. This division handles office budget matters, bill payments, data and word processing duties, and procurement and support staff duties.

c.State and local government division. The state and local government division is responsible for the successful and timely preparation, coordination, and distribution of a broad range of legal services to state agencies, and professional and occupational boards and has primary responsibility for all attorney general's opinions and letter responses.

Attorneys assigned to the division are responsible for providing the necessary legal advice and assistance to state governmental agencies, including the university system, and occupational and licensing boards served by the division. When agencies or occupational and licensing boards represented by the state and local government division become involved in civil or administrative litigation, the state and local government division coordinates the litigation with the civil litigation division.

The state and local government division also responds to law-related questions from city attorneys and state's attorneys on noncriminal matters.

d.Criminal and regulatory division. The criminal and regulatory division is responsible for the administration and enforcement laws dealing with alcoholic beverage licensing, tobacco licensing, gaming licensing, polygraph examiners licensing, and transient merchant licensing. The attorneys assigned to this division provide legal assistance to the divisions of the office of attorney general involved in charitable gaming, sex offender and felony crimes against children registration, and concealed weapons licenses.

Attorneys assigned to the criminal and regulatory division are responsible for meeting the office's responsibilities to the state crime laboratory, the peace officer standards and training board, the parole board and pardon advisory board, and state law enforcement agencies, including the bureau of criminal investigation, North Dakota highway patrol, and the North Dakota department of corrections and rehabilitation. The criminal and regulatory division assists state's attorneys in criminal prosecutions, state and federal post-conviction cases, and also assists the United States attorney's office in drug prosecutions, and for other issues relating to the enforcement of the criminal law. The attorneys also represent the attorney general's office with the state child protection team, the child fatality review panel, the domestic violence fatality review panel, the human trafficking commission, the task force on substance exposed newborns, and the sexual assault evidence collection protocol committee.

e.Civil litigation division. The civil litigation division is supervised by the solicitor general and is responsible for the overall coordination of all civil litigation and all civil appellate cases involving or affecting the state of North Dakota. The civil litigation division's responsibilities include:

(1)Civil litigation brought against the state, state agencies, state officials, and state employees, except natural resources and Indian affairs litigation.

(2)Representation of agencies at administrative hearings, except natural resources and Indian affairs, gaming, liquor licensing, and consumer protection hearings.

(3)Appeals to state and federal courts, except appeals involving cases in natural resources and Indian affairs, gaming, liquor licensing, consumer protection, and state and federal post-conviction cases.

(4)Debt collection and foreclosures.

(5)Representing and advising state agencies with regard to personnel-related questions and litigation.

It is the solicitor general's responsibility to oversee cases involving or affecting the state of North Dakota so the attorney general may be kept informed of the status of such cases. Finally, the solicitor general is responsible for reviewing requests to the state of North Dakota to join other states in state and federal courts as amicus curiae when requested by other states.

f.Natural resources and Indian affairs division. The natural resources and Indian affairs division is responsible for legal issues involving agriculture, water, oil and gas, the land department, environmental law, the game and fish department, the parks and recreation department, and Indian law. The division's duties include litigation and appeals in these areas, environmental law enforcement, and the preparation of attorney general opinions and letter responses concerning natural resources, agriculture, and Indian affairs.

g.Bureau of criminal investigation. The bureau of criminal investigation is the state criminal investigative agency that responds to requests from sheriffs, chiefs of police, prosecutors, judges, and public officials for assistance in criminal investigations. The bureau is involved in the investigation, arrest, detection, prosecution, or suppression of crimes when directed by the attorney general. The bureau of criminal investigation also participates in the drug task forces and cooperates with and assists federal law enforcement agencies and cooperates with and assists the federal bureau of investigation and similar law enforcement agencies in other states in carrying on a complete system of criminal identification. In addition, the bureau of criminal investigation works with all North Dakota judges, prosecutors, and other law enforcement to establish a system of criminal identification. The bureau serves as the state repository for criminal

history record information and maintains and publishes an annual crime report. The bureau assists with the blue alert notice system and with information for lost, missing, or runaway children. The bureau conducts or schedules training of all types for law enforcement in North Dakota. The bureau operates the following sections in carrying out its duties:

(1)Investigation, including general criminal investigations and narcotics investigations.

(2)Cyber-crime unit, including the investigation of internet crimes against children.

(3)State and local intelcenter, which provides criminal intelligence information to state and local law enforcement agencies.

(4)Finance, including grant administration and business operations.

(5)Information services, including criminal records, uniform crime reporting, and the automated fingerprint identification system.

(6)Sex offender and felony crimes against children registration.

(7)Concealed weapons license administration.

(8)Administration and support for the peace officer standards and training board.

(9)Support for the twenty-four seven sobriety program.

(10)Information processing.

h.Consumer protection and antitrust division. The consumer protection and antitrust division is responsible for enforcing the state consumer fraud laws, investigating claims of fraud, misrepresentation, and deceptive practices in the sale or advertisement of merchandise, and mediating consumer complaints against businesses. The division plays an important role in educating members of the public regarding consumer issues.

The division is also responsible for investigating antitrust violations and enforcing state antitrust laws.

i.Gaming division. The gaming division is responsible for regulating, enforcing, and administering charitable gaming activity in North Dakota. The gaming division performs office and field audits and investigations of gaming organizations, distributors, and manufacturers; ensures that the receipt, control, and disbursement of gaming funds are accurate and according to law; reviews gaming tax returns; issues administrative complaints; conducts criminal history background checks of applicants and officers and stockholders of distributors, manufacturers, and Indian casino management companies; provides guidance and trains representatives of organizations, distributors, manufacturers, and local law enforcement agencies; and ensures compliance with five tribal-state Indian casino gaming compacts.

j.Crime laboratory division. The crime laboratory division provides forensic criminal examinations, including firearms testing, fiber analysis, latent fingerprint analysis, DNA analysis, biological screening, and drug analysis. The crime laboratory also performs toxicology analysis, including testing blood samples for alcohol concentration and samples from the North Dakota medical examiner. The crime laboratory is also responsible for training law enforcement to conduct breath testing to determine alcohol concentration and to certify and repair breath alcohol testing equipment for the entire state of North Dakota.

k.Lottery division. The lottery division is responsible for administering, regulating, enforcing, and promoting the state's lottery. The lottery division selects and licenses retailers, trains employees of retailers to use lottery terminals, sell tickets and redeem winning tickets, assists retailers in promoting lottery games, pays high-tier prizes to players, ensures that retailers and players comply with the lottery law and rules, and provides full accountability to the public and legislature.

l.Criminal justice information sharing division. The criminal justice information sharing division is responsible for developing policies, processes, and statewide information systems to capture and provide complete, accurate, and timely criminal justice data. The criminal justice information sharing division administers the portal, which is a secure criminal justice information sharing hub, and the broker, which allows sharing of criminal justice information in information technology systems. Additionally, the division supports several statewide information systems, including a law enforcement records management system, a jail records management system, and a state's attorney case management system. Other programs within the criminal justice information sharing division include automated victim notification and the common statute table.

m.Information technology division. The information technology division provides technology planning and assistance services to all divisions of the office of the attorney general. The division maintains data repositories for the key information obtained by the various divisions of the office, including: sex offender and felony crimes against children registration; concealed weapon licenses; gaming and other various licenses; criminal

history and other criminal justice repositories, including biometrics; crime laboratory management system; lottery management; consumer protection management; twenty-four seven sobriety management; crime statistics; and fire marshal and legal billing. The division also provides information from these repositories in response to open-record requests. The division maintains a helpdesk to support technology requests for the entire office and for criminal justice organizations across the state that have access to the data repositories. The division is also responsible to maintain a high level of security for the computer infrastructure in accordance with federal bureau of criminal investigation security policy; to forward appropriate criminal justice information to the federal bureau of criminal investigation; to maintain real-time communications with law enforcement across the state and the nation through North Dakota state radio and criminal justice data information sharing for access to the information in the state's criminal justice repositories; and to support those communications twenty-four hours a day, seven days a week.

History

History: Amended effective September 1, 1982; June 1, 1986; September 1, 1989; May 1,1992; May 1, 1994; January 1, 2016.
General Authority: NDCC 28-32-02, 54-12-01
Law Implemented: NDCC 12-60-01, 12-60-05, 12-60-07, 18-01-01, 53-06.1-03, 53-12.1-02, 54-12-01, 54-12-17, 54-12-24, 54-12-26, 54-12-27, 54-12-32, 54-12-33, 54-12-34, 62.1-04-03

N.D. Admin. Code 10-01-01-02 Inquiries

All inquiries, requests for records, and correspondence is to be addressed to the office of the attorney general as follows:

Office of the Attorney General 600 East Boulevard Avenue, Department 125 Bismarck, ND 58505-0040

History

History: Effective January 1, 2016.
General Authority: NDCC 28-32-02, 54-12-01
Law Implemented: NDCC 28-32-02

Article 10-08 Alcoholic Beverages

Chapter 10-08-01 Licensing Requirements

N.D. Admin. Code 10-08-01-01 Qualifications for license

No retail license shall be issued to any person, nor shall any such previously issued license be renewed or retained unless the applicant files a sworn statement upon the application showing the following qualifications:

1.The applicant or manager must not have been found guilty of, pled guilty to, or released from incarceration or probation for a felony within the last five years.

2.The applicant or manager must not have been found guilty of, or pled guilty to, a misdemeanor or an infraction offense contained in North Dakota Century Code chapters 5-01, 5-02, 5-03, 12.1-06, 12.1-08, 12.1-09, 12.1-10, 12.1-11, 12.1-12, 12.1-20, 12.1-22, 12.1-23, 12.1-24, 12.1-27.1, 12.1-28, 12.1-29, 12.1-31, 12.1-31.1, 19-03.1, 53-04, 53-06.1, 53-06.2, or have committed any other crime which has a direct bearing on the applicant's fitness to be involved in the sale or dispensing of alcoholic beverages within the last three years.

3.The applicant's building in which the business is to be conducted meets the local and state requirements regarding sanitation and safety, and a copy of such local and state reports regarding sanitation and safety is attached to the sworn application.

4.The applicant has secured a local license, a copy of which is attached to the sworn application.

5.The applicant may be issued a retail license even if such person has pled or been found guilty, or has committed an offense under subsection 2 if the person has been determined by the attorney general to be sufficiently rehabilitated.

History

History: Effective September 1, 1983; amended effective February 1, 1990.
Law Implemented: NDCC 5-02-02(3), 5-02-02(4), 5-02-02(5)

N.D. Admin. Code 10-08-01-02 Additional information for application

1.If the applicant is a corporation, the applicant must provide its certificate number which was issued to it by the North Dakota secretary of state's office.

2.If the applicant is a corporation, the names and addresses of the corporate officers, directors, and stockholders must be provided on the sworn application.

3.Any agreements or understandings to obtain an alcoholic beverage license for any other person, partnership, or corporation must be indicated on the sworn application.

4.Any lease agreements to any other person, partnership, or corporation for the sale of alcoholic beverages must be so indicated on the sworn application.

5.Any other interest that the applicant may have, either directly or indirectly, in any other liquor establishment in or out of this state must be indicated upon the sworn application.

6.The applicant must draw a clear and understandable floor plan or include a diagram or blueprint of the premises to be licensed.

7.The applicant, including an individual and manager, or, in the case of a corporation, the officers, directors, and managers, is required to submit a personal information form at the time the initial application is made or when there is a change of corporate officers, directors, and managers. This form is described in the appendix to this chapter and is labeled personal information form.

History

History: Effective September 1, 1983.
Law Implemented: NDCC 5-02-02(6)

N.D. Admin. Code 10-08-01-03 False information

False information which is submitted upon a sworn application constitutes grounds for denial of licensure or suspension or revocation of license.

History

History: Effective September 1, 1983.
Law Implemented: NDCC 5-02-02

Chapter 10-08-02 Keg Registration

N.D. Admin. Code 10-08-02-01 Keg information

No alcoholic beverage licensee may sell a beer keg at retail without marking the keg with the following information:

1.The date of the sale.

2.The licensee's state alcoholic beverage retail license number and the number of the keg which has been sold that day, whether it is the first keg sold, second, or third, etc. This then constitutes the keg number.

The marking of the keg must be done by utilizing an invisible, nondefacing marker.

History

History: Effective September 1, 1983.
General Authority: NDCC 5-02-09.1
Law Implemented: NDCC 5-02-07.2

N.D. Admin. Code 10-08-02-02 Keg registration form

A retail licensee selling beer in kegs shall fill out a keg registration form which is signed by the purchaser. The form must be in the following format:

KEG REGISTRATION FORM VALID ID MUST BE SHOWN ______________________________________________________________________

Instructions (Please Print):

NAME: ___________________________________________________________

ADDRESS: ________________________________________________________

PHONE: __________________________________________________________

TYPE OF ID SHOWN AND NUMBER: ____________________________________

KEG NUMBER (To Be Filled In By Retail Licensee): _________________________________________________________________ SIGNATURE OF PURCHASER: _________________________________________ DATE: ___________________________________________________________

History

History: Effective September 1, 1983.
General Authority: NDCC 5-02-09.1
Law Implemented: NDCC 5-02-07.2

Chapter 10-08-03 Purchases for Retail Sale

N.D. Admin. Code 10-08-03-01 Purchase of alcoholic beverages by retailers

All alcoholic beverages purchased by a North Dakota licensed retailer for the purpose of resale must be purchased only from a North Dakota licensed wholesaler.

History

History: Effective February 1, 1990.
General Authority: NDCC 5-02-09.1
Law Implemented: NDCC 5-02-01

Article 10-09 Amusement Games or Devices

Chapter 10-09-01 General Provisions

N.D. Admin. Code 10-09-01-01 Definitions

1."Business office" means the office or location where the licensee can be contacted and where the financial transactions, bookkeeping, etc., for the business are carried on.

2."Machines primarily designed for gambling" mean games or devices, other than games or devices designed, marketed, and intended for noncommercial in-home use, which may or may not operate by insertion of coins, tokens, currency, or similar objects in which success of play involves the application of the element of chance with inability of a player to extend play by application of skill rather than chance and which may have one or more of the following features:

a.Retention of a set percentage of credits played or scores earned, such set percentage also known as a "retention ratio" or "house percentage".

b.Knockoff switch or switches or a computerized programmed feature to erase credits, scores, or plays which would otherwise permit replay of the game or device, with such erasure being activated by mechanical, electrical, remote control, or other means.

c.Knockoff or coin-out meter or meters or a computerized programmed feature which maintains a record of the number of coins, tokens, currency, or similar objects inserted, number of plays, credits, or scores and the number of credits, scores, or plays "knocked off" or erased.

3."Person" means person as defined by North Dakota Century Code section 1-01-28.

History

History: Effective March 1, 1984; amended effective June 1, 1991.

N.D. Admin. Code 10-09-01-02 Prohibited machines

The following games or devices are illegal and therefore prohibited in this state:

1.Games or devices which pay cash or give credits, tokens, or other items redeemable for cash.

2.Games or devices operated or displayed to the public in violation of this article.

3.Machines primarily designed for gambling.

4.Games or devices used or intended for use in violation of North Dakota Century Code chapter 12.1-28.

History

History: Effective March 1, 1984; amended effective June 1, 1991.

N.D. Admin. Code 10-09-01-03 Application for license

1.An application for an annual operator or location amusement game or device license must be submitted on a form or forms as prescribed by the attorney general. The applicant shall provide such information as may be required by the attorney general and is under a continuing duty to disclose to the attorney general any material change in the information provided in the application.

2.The application must include verification by the applicant that the amusement games or devices owned or possessed, or thereafter acquired or possessed by the applicant, are not, and will not, be used or designed for use for gambling purposes or to violate North Dakota Century Code chapter 12.1-28.

3.All licenses issued are effective for the period of July first through June thirtieth of the next year.

N.D. Admin. Code 10-09-01-04 Revocation, suspension, or denial of application for license

1.The attorney general may revoke, suspend, or refuse to issue a license to an applicant if the applicant or licensee, or an agent or employee of the applicant or licensee:

a.Has committed an offense determined by the attorney general to have a direct bearing on the applicant's or licensee's fitness to be involved in the operation, leasing, or distribution of an amusement game or device, unless the attorney general determines that the offender is sufficiently rehabilitated under North Dakota Century Code section 12.1-33-02.1.

b.Has violated the provisions of North Dakota Century Code chapter 53-04 or the rules adopted thereunder.

c.Has made or caused to be made any false entry or written statement of fact in an application for license, reports, or other information submitted to the attorney general.

d.Has refused or failed to provide information as required by law, these rules, or the attorney general.

e.Has violated the provisions of North Dakota Century Code chapter 12.1-28 or 53-06.1.

2.A revocation, suspension, or refusal to issue a license may be ordered by the attorney general after a hearing conducted pursuant to the provisions of North Dakota Century Code chapter 28-32.

3.An appeal of the decision of the attorney general revoking, suspending, or refusing to issue a license shall be conducted in the manner and subject to the time periods set forth, as prescribed by North Dakota Century Code chapter 28-32.

N.D. Admin. Code 10-09-01-05 Merchandise prizes

1.An amusement game or device may reward the player with only merchandise limited to prizes, toys, or novelties.

2.The merchandise prize, toy, or novelty may not be repurchased for cash or for credits redeemable for cash.

3.Subject to subsection 3 of section 10-09-01-06, the merchandise prize, toy, or novelty may not have a wholesale value or cost exceeding sixteen times the cost of play and if any prize consists of more than one item, unit, or part, the aggregate wholesale value or cost of all items, units, or parts may not exceed sixteen times the cost of play.

4.Merchandise prizes may not consist of gift certificates, discount coupons or certificates, or other like items which may be equivalent to a cash prize or which may be redeemed or otherwise used to obtain merchandise, products, or services at either no cost or at a reduced cost. However, prizes or complimentary or promotional discount certificates may be given to a player when receipt of such items is not dependent upon the success of the player in the play of the game or device.

5.Any merchandise prizes, toys, or novelties awarded to a player as a result of operation of the amusement game or device must be contained with the amusement game or device or located on the premises and within the immediate proximity of the amusement game or device and may be awarded only by the owner, operator, possessor, or lessee of the game or device.

N.D. Admin. Code 10-09-01-06 General rules for operation of amusement game or device

In addition to other requirements of law or this article, all amusement games or devices are subject to the following rules of play:

1.The cost to play the game or device does not exceed the sum of two dollars if a merchandise prize, toy, or novelty is awarded for play of the game or device.

2.A prize may not be displayed which cannot be won.

3.The game or device is not operated on a buildup or pyramid basis except that a trade-up of a merchandise prize, toy, or novelty is allowed with the trade-up item having a wholesale value or cost not to exceed one hundred fifty dollars.

4.The game or device does not contain features which would prevent it from being operated in a fair and honest manner.

5.The game or device contains no features which could permit the owner, possessor, or lessee of the game or device to permit manipulation of the game during play, to prevent a player from winning, or to predetermine who the winner will be.

6.The game or device may reward a player with the right to replay the device or game at no additional cost if the game or device is not allowed to accumulate more than fifteen replays at one time.

7.Such other rules of play as required by the attorney general by written directive or order.

Article 10-10 Transient Merchants

Chapter 10-10-01 Transient Merchants

N.D. Admin. Code 10-10-01-01 Transient merchants to appoint resident agent

Any transient merchant required to be licensed pursuant to North Dakota Century Code chapter 51-04 is required to appoint a resident agent in this state pursuant to North Dakota Century Code

section 51-04-07.

N.D. Admin. Code 10-10-01-02 Who may be appointed as agent

Agents appointed pursuant to North Dakota Century Code section 51-04-07 must be individual residents of this state, or corporations, partnerships, or other business entities with their principal offices or place of business located within this state.

N.D. Admin. Code 10-10-01-03 Exceptions to the appointment of resident agent

Notwithstanding section 10-10-01-01, the following categories of transient merchants are not required to appoint a resident agent in this state:

1.Any transient merchant selling merchandise only in flea markets, craft fairs, fairs, carnivals, circuses, or similar activities regulated by city or county governments, fair associations, other political subdivisions of the state, or local trade organizations.

2.Any transient merchant who has been previously licensed by this state, who has been doing business as a licensed transient merchant in North Dakota for a period of time or at least one year, immediately preceding the application pursuant to North Dakota Century Code chapter 51-04, and who has not been the subject of any of the following:

a.Suspension or revocation of the transient merchants license at any time during the sixty-month period immediately preceding the filing of the current transient merchant license application.

b.An administrative or judicial proceeding or civil or criminal suit whereby the transient merchant was found guilty, pleaded guilty or failed to appear in regard to violations of North Dakota Century Code chapter 51-04, 51-12, or 51-15.

c.An administrative or judicial proceeding or civil or criminal suit whereby the transient merchant was adjudicated negligent or was determined to have violated North Dakota Century Code chapter 51-04, 51-12, or 51-15.

3.Any transient merchant selling merchandise in specific locations on a temporary basis for fourteen or more consecutive business days at each location.

N.D. Admin. Code 10-10-01-04 Warranty requirements upon application for license

1.In addition to the application requirements of North Dakota Century Code section 51-04-02, any transient merchant required to be licensed pursuant to North Dakota Century Code

chapter 51-04, shall specify which, if any, of the merchandise offered for sale by the transient merchant is the subject of a warranty provision, what type of warranty is offered for each item of merchandise, whether the warranty period still applies to the merchandise offered, and the name, address, and telephone number of the person or business that will provide service for the merchandise pursuant to the warranty.

2.Any transient merchant who does not provide the warranty information required by subsection 1 shall appoint a resident agent in the state as required by section 10-10-01-01, notwithstanding the exception provisions of section 10-10-01-03. If the merchandise offered for sale is not the subject of a warranty provision, this subsection does not require the appointment of a resident agent in this state.

3.Any transient merchant who does not provide the warranty information required by subsection 1 may not state, claim, or advertise that the merchandise offered for sale by the transient merchant is subject to any warranty.

History

Law Implemented: NDCC 51-04-02, 51-04-07

N.D. Admin. Code 10-10-01-05 Sales tax permit required

In addition to the application requirements of North Dakota Century Code section 51-04-02, any transient merchant required to be licensed pursuant to North Dakota Century Code chapter 51-04, shall obtain the required North Dakota sales tax permit, a copy of which shall be filed with the attorney general as part of the application for license.

History

Law Implemented: NDCC 51-04-02

Article 10-11 Detection of Deception Examiners

Chapter 10-11-01 Definitions

N.D. Admin. Code 10-11-01-01 Definitions

As used in this article:

1."Detection of deception examination" means the use of a polygraph on an individual for the

purpose of deception detection.

2."Intern" means a person being trained in the use of a polygraph and the interpretation of the results obtained for the purpose of deception detection under the personal supervision and control of a licensed examiner.

3."Polygraph" means an instrument or device which simultaneously combines continuous permanent recording with a means of recording the examinee's cardiovascular patterns, respiratory patterns, and electrodermal response.

History

History: Effective July 1, 1984; amended effective October 1, 2022.
General Authority: NDCC 43-31-13
Law Implemented: NDCC 43-31-13

Chapter 10-11-02 Application for License Process and Procedure for Issuance

N.D. Admin. Code 10-11-02-01 Application

1.Upon receipt of a request for application, the attorney general's licensing division will prepare and furnish the applicants with a copy of North Dakota Century Code chapter 43-31 and the procedures and rules for licensing.

2.When an application for detection of deception examiners license is received by the attorney general's licensing division, all requested information has been furnished, and the examination fee has been received, the application will be forwarded to a representative from the bureau of criminal investigation.

3.After a background investigation has been conducted, by the representative, the representative will return the application to the licensing division with advice to the attorney general regarding the action to be taken on the application, i.e., issuance on reciprocity, approval, or denial.

4.Upon receipt of the application, the licensing division will notify the attorney general of the representative's findings, and the attorney general will take final action on the application, i.e., issuance on reciprocity, approval, or denial. Then the licensing division will notify the applicant in regard to the appropriate action taken by the attorney general.

History

Law Implemented: NDCC 43-31-04

N.D. Admin. Code 10-11-02-02 Application fee

Applicants shall pay a thirty-five dollar application fee. The fee is nonrefundable.

History

Law Implemented: NDCC 43-31-14

N.D. Admin. Code 10-11-02-03 Qualifications for license

Repealed effective October 1, 2022.

N.D. Admin. Code 10-11-02-04 Reciprocity

Applicants who are licensed examiners under the laws of another state of the United States may be issued a license by the attorney general if:

1.The requirements pursuant to North Dakota Century Code section 43-31-07 are met.

2.The applicant provides to the attorney general a copy of such license, which must be active and in good standing.

3.The applicant provides the attorney general a copy of that state's licensing requirements at the time that said applicant was licensed.

4.The attorney general determines the laws of the other state, at the time of the applicant's original licensure, are substantially equivalent to North Dakota Century Code chapter 43-31 and this chapter.

5.The applicant has paid the required application fees.

6.The required background check is successfully completed.

The representative shall report its recommendation to either approve or deny the request for reciprocity to the attorney general.

History

Law Implemented: NDCC 43-31-16

N.D. Admin. Code 10-11-02-05 License examinations

Repealed effective October 1, 2022.

Chapter 10-11-03 Detection of Deception Examinations

N.D. Admin. Code 10-11-03-01 Detection of deception examination procedures

1.No person may be present during the detection of deception examination without the express consent of the examiner.

2.An examiner shall terminate a detection of deception examination in progress immediately upon request of the examinee.

3.No detection of deception examination may be conducted prior to a complete understanding between the examiner, the requesting agency, and examinee as to the specific reason for the test, including all records, documents, and investigative reports necessary to conduct the examination.

4.An examiner when administering a detection of deception examination, may not attempt to determine truth or deception on manners or issues not previously discussed with the examinee at the preexamination interview or not reasonably related to the matters or issues previously discussed with the examinee.

5.The detection of deception examination of a subject and that subject's fitness for the examination is at the discretion of the examiner.

History

History: Effective July 1, 1984; amended effective October 1, 2022.
General Authority: NDCC 43-31-13
Law Implemented: NDCC 43-31-13

N.D. Admin. Code 10-11-03-02 Detection of deception examination records

An examiner shall create and maintain a record of every detection of deception examination administered. Records must be maintained for five years and must contain the following:

1.All polygraph charts (polygrams) on each examinee.

2.All written reports or memoranda of verbal reports.

3.A list of all questions asked while the polygraph is recording.

4.Background information elicited during the pretest interviews.

5.A form signed by the examinee indicating that the examinee has voluntarily agreed to take the polygraph test and that the examinee has the right to leave the examining room at any time during the examination.

6.All tape recordings of the detection of deception examination if made.

7.An index either chronological or alphabetical listing the names of all persons examined, the type of detection of deception examination, the date of the examination, the name of the examiner, and the file or record number in which the records are maintained.

History

History: Effective July 1, 1984.
General Authority: NDCC 43-31-13
Law Implemented: NDCC 43-31-13

Chapter 10-11-04 Internship, License, and Procedures

N.D. Admin. Code 10-11-04-01 Internship license

1.Every person who applies for an internship license shall, at the time of application, provide the attorney general with the name, address, qualifications, and state license number of the examiner who will be acting as the supervising examiner. The applicant also must pay the required application fee.

2.In the event an applicant does not have access to an immediate supervisor, the attorney general may appoint a supervising examiner to supervise the trainee.

3.The attorney general shall approve the applicant's choice of supervising examiner.

4.The minimum requirements to be fulfilled by a supervising examiner are as follows:

a.Inspection of ten examination records selected by the supervising examiner; and

b.The observation by the supervising examiner of at least one complete examination including preparation, pretest interview, testing, post-test interrogation, where applicable, and report writing which is deemed satisfactory by the supervising examiner.

c.At the completion of the internship, the supervising examiner shall advise the representative whether the applicant has successfully completed the internship. The representative then shall notify the attorney general regarding the supervising examiner's recommended action to be taken on the application for license, i.e., issuance on reciprocity, approval, or denial.

5.An internship license is valid for the term of twelve months from the date of issue. Such license may be extended or renewed for any term not to exceed six months upon good cause shown to the attorney general.

6.A trainee is not entitled to hold an internship license after the expiration of the original twelvemonth period and six-month extension, if such extension is granted by the attorney general, until twelve months after the date of expiration of the last internship license held by said trainee.

History

History: Effective July 1, 1984; amended effective October 1, 2022.
General Authority: NDCC 43-31-13
Law Implemented: NDCC 43-31-07.1

Chapter 10-11-05 Professional Conduct

N.D. Admin. Code 10-11-05-01 Advertising

1.An examiner may not advertise the examiner's services so as to deceive, or in any manner which tends to deceive, the public.

2.An examiner may not publish, directly or indirectly, or disseminate any fraudulent, false, or misleading statements as to the skill or method of practice of any other examiner.

3.An examiner may not claim superiority over other deception of detection examiners as to skill or method of practice.

4.An examiner may not advertise free deception detection examinations as an inducement to secure patronage.

History

History: Effective July 1, 1984.
General Authority: NDCC 43-31-13
Law Implemented: NDCC 43-31-10, 43-31-13

Article 10-12 Concealed Firearms and Dangerous Weapons

Chapter 10-12-01 Concealed Firearms and Dangerous Weapons License

N.D. Admin. Code 10-12-01-01 Definitions

The terms used throughout this chapter have the same meaning as in the North Dakota Century Code unless otherwise defined here:

1."Agency" means the attorney general's office bureau of criminal investigation division.

2."Applicant" means an individual who is applying for a concealed weapons license.

3."Class 1 license" means a concealed weapons license issued to an individual at least twenty-one years of age who has participated in classroom instruction on weapon safety rules and the deadly force law of North Dakota, has demonstrated evidence of familiarity with a firearm, and has successfully completed an actual shooting exercise in accordance with these rules.

4."Class 2 license" means a concealed weapons license issued to an individual at least eighteen years of age who has successfully completed an open-book examination on weapon safety rules and the deadly force law of North Dakota.

5."Concealed weapons license" means a class 1 firearm or class 2 firearm and dangerous weapon license issued by the director of the bureau of criminal investigation to carry a firearm or dangerous weapon concealed.

6."Crime of violence" means a violation of North Dakota Century Code section 12.1-16-01, 12.1-16-02, 12.1-17-02, 12.1-18-01, subdivision a of subsection 1 or subdivision b of subsection 2 of section 12.1-20-03, section 12.1-22-01, subdivision b of subsection 2 of

section 12.1-22-02, or an attempt to commit the offenses, or any equivalent statute of any other jurisdiction.

7."Director" means the director of the bureau of criminal investigation.

8."Mentally incompetent" means an individual requiring treatment as defined in subsection 11 of North Dakota Century Code section 25-03.1-02.

9."Offense involving moral turpitude" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States involving conduct that:

a.Is done knowingly contrary to justice, honesty, or good morals;

b.Includes as an element of the offense falsification or fraud;

c.Includes as an element of the offense harm or injury directed to another individual or entity or another individual's or entity's property; or

d.Is in violation of North Dakota Century Code chapter 12.1-20 or 12.1-27 or equivalent laws of another state or the federal government.

10."Test administrator" means an individual certified by the attorney general to provide classroom instruction on weapon safety rules and the North Dakota deadly force law, administer written examinations for concealed weapons licenses, determine evidence of familiarity with weapons, and conduct shooting and proficiency exercises for firearms. This definition includes all law enforcement personnel, military personnel, hunter safety instructors, private civilians, and any other individuals in any other classification who are certified by the attorney general to administer a concealed weapons test.

History

History: Effective September 1, 1986; amended effective April 1, 2010; January 1, 2012; August 1,

N.D. Admin. Code 10-12-01-02 Application for concealed weapons license

1.An application for a class 1 or class 2 concealed weapons license must be on an original form approved by the director of the bureau of criminal investigation. Only a satisfactorily completed original application may be approved by the director. The application must include:

a.All questions on the application answered and all applicable information provided;

b.Two fingerprint cards containing the classifiable fingerprints of the applicant; and

c.Two color passport-size photographs of the applicant.

2.The applicant shall provide to the agency all documentation relating to any court-ordered treatment or commitment for mental health or alcohol or substance abuse or incidents of domestic violence.

3.The applicant shall provide to the director written authorizations for disclosure of the applicant's mental health and alcohol or substance abuse evaluation and treatment records.

4.A nonrefundable application processing fee in the amount of sixty dollars, by certified check or money order, payable to the order of the attorney general, which includes the fees for state and federal bureau of investigation criminal history record checks.

5.The attorney general may contract with a vendor to collect credit card processing fees.

6.The agency shall process the application and make a determination whether to issue the concealed weapons license within sixty days from receipt of the satisfactorily completed application.

7.The applicant must meet all the criteria set out in subsection 1 of North Dakota Century Code

section 62.1-04-03.

8.The test administrator shall complete the application as follows:

a.If the application is for a class 2 concealed weapons license, the test administrator shall complete the test block section, including recording the applicant's passing score, and verify whether the applicant has successfully completed an open-book written test on weapon safety rules and the deadly force law of North Dakota. The test administrator shall sign the application.

b.If the application is for a class 1 concealed weapons license, the test administrator shall complete the test block section, including recording the applicant's passing score, and verify whether the applicant has successfully participated in classroom instruction on weapon safety rules and the deadly force law of North Dakota, has demonstrated familiarity with a weapon, has completed a shooting course for firearms, and has passed an open-book written test on weapon safety rules and the deadly force law of North Dakota. The test administrator shall sign the application.

9.An incomplete application will be returned to the applicant for completion. The satisfactorily completed application must be returned to the agency no later than thirty days from the postmark date the incomplete application was returned to the applicant. Failure to return the satisfactorily completed application within the time required may result in denial of the application and the applicant will be required to recommence the entire application process.

10.All applications must be submitted to the agency by United States mail only. All applications must be submitted individually. Joint or bulk submission of applications will be returned and will not be considered submitted to the agency.

History

History: Effective September 1, 1986; amended effective April 1, 2010; January 1, 2012; August 1,
Law Implemented: NDCC 62.1-04-03(1), 62.1-04-03(4), 62.1-04-03(5)

N.D. Admin. Code 10-12-01-03 Nonresident applicants

Applicants who are not residents of North Dakota may obtain a North Dakota concealed weapons license. To obtain a license, the nonresident shall comply with all requirements of North Dakota Century Code chapter 62.1-04 and these rules.

History

History: Effective September 1, 1986; amended effective April 1, 2010; August 1, 2013.
Law Implemented: NDCC 62.1-04-03(1)

N.D. Admin. Code 10-12-01-04 Classroom instruction and written test

1.Applicants for a class 2 concealed weapons license shall successfully complete the written examination and submit an application for a concealed weapons license.

2.Applicants for a class 1 concealed weapons license shall attend classroom instruction on weapon safety rules and the deadly force law of North Dakota before they may complete the written examination and submit an application for a concealed weapons license. Only test administrators certified under this chapter may conduct classroom instruction for applicants for concealed weapons licenses.

3.The written test must be an open-book test approved by the attorney general. The written test must include examination on weapons safety rules and the deadly force law of North Dakota.

A minimum score of seventy percent overall and one hundred percent on the deadly force law of North Dakota is necessary to pass the written test. The written test may only be administered within the state of North Dakota and by a test administrator certified under this

chapter. The written test may not be administered in conjunction with any other state's concealed weapons laws or procedures.

4.The classroom instruction may only be administered within the state of North Dakota and by a test administrator certified under this chapter. The classroom instruction may not be administered in conjunction with any other state's concealed weapons laws or procedures.

History

History: Effective September 1, 1986; amended effective April 1, 2010; August 1, 2013.
Law Implemented: NDCC 62.1-04-03(2)

N.D. Admin. Code 10-12-01-05 Proficiency and shooting test

1.Only a test administrator certified under this chapter may administer a firearm shooting or proficiency exercise. Successful completion of the firearm shooting or proficiency exercise requires demonstrated familiarity and safety with a firearm.

2.Evidence of familiarity with a firearm may be satisfied by one of the following:

a.Certification of familiarity with a firearm by an individual who has been certified by the attorney general, which may include a law enforcement officer, military or civilian firearms instructor, or hunter safety instructor;

b.Evidence of equivalent experience with a firearm through participation in an organized shooting competition, law enforcement, or military service;

c.Possession of a license from another state to carry a firearm, concealed or otherwise, which is granted by that state upon completion of similar or equivalent classroom instruction, testing, and demonstration of firearm familiarity and proficiency; or

d.Evidence that the applicant, during military service, was found to be qualified to operate a firearm.

3.The firearm shooting exercise may only be conducted within the state of North Dakota and in accordance with shooting criteria approved by the director. The minimum passing score is seventy percent of the total rounds fired.

4.The applicant may use any safe firearm with any type of ammunition suitable for that firearm.

The test administrator shall determine whether the firearm is safe and the ammunition is appropriate before the shooting exercise starts.

5.The firearm shooting or proficiency exercise may not be administered in conjunction with any other state's concealed weapons license application process.

History

History: Effective September 1, 1986; amended effective April 1, 2010; August 1, 2013.
Law Implemented: NDCC 62.1-04-03(2)

N.D. Admin. Code 10-12-01-06 Lost or destroyed licenses

If a concealed weapons license is lost or destroyed, the licenseholder may obtain a replacement license. In order to obtain a replacement license, the licenseholder shall send a letter to the director of the bureau of criminal investigation indicating the licenseholder's name, address, and date of birth. In addition, the letter must include the reason the licenseholder needs a replacement license.

N.D. Admin. Code 10-12-01-07 Denial, revocation, or cancellation of a concealed weapons license

The director of the bureau of criminal investigation may deny, revoke, or cancel a concealed weapons license for the following reasons:

1.The applicant or licenseholder is prohibited from owning, possessing, or having a firearm under North Dakota Century Code section 62.1-02-01 or under federal law or has committed any other violation of North Dakota Century Code title 62.1; or

2.The applicant made a material misstatement on the application for the concealed weapons license.

3.In accordance with subdivision c or e of subsection 1 of North Dakota Century Code section 62.1-04-03.

History

History: Effective September 1, 1986; amended effective April 1, 2010; January 1, 2012; August 1,
Law Implemented: NDCC 62.1-04-03(1)(f), 62.1-04-03(6), 62.1-04-03(7)

N.D. Admin. Code 10-12-01-08 Renewal of a concealed weapons license

A concealed weapons license may be renewed if a current licenseholder is eligible for a concealed weapons license and completes a renewal application subject to the following conditions:

1.No additional testing is required for timely renewal of a class 2 license.

2.A class 1 license may be renewed upon successful completion of the class 1 requirements within thirty days before submission of the application for renewal.

3.Timely renewal is the responsibility of the applicant. The agency sends renewal notifications to the licenseholder at the licenseholder's last-known address on file with the agency. The renewal application may be delivered to the agency not more than one hundred eighty days before the license expires through the date the license expires.

4.An incomplete application is not deemed to have been submitted to the bureau of criminal investigation until after it has been returned satisfactory completed. The satisfactorily completed application must be returned to the bureau of criminal investigation no later than thirty days from the postmark date the incomplete application was returned to the applicant.

Failure to return the satisfactorily completed application within the time required will result in denial of the application and the applicant will be required to recommence the entire application process.

5.Renewal applications may not be submitted to the agency after the date the current license expires. Renewal applications received by the agency which are postmarked after the current license expires are invalid. Invalid application forms may be destroyed by the agency. The licenseholder will be required to reapply as a new applicant and complete all required testing.

6.The bureau of criminal investigation is required to process the renewal application and make a determination within sixty days of receipt.

History

History: Effective September 1, 1986; amended effective April 1, 2010; January 1, 2012; August 1,

N.D. Admin. Code 10-12-01-09 Residence change or change in material facts

1.A concealed weapons licenseholder shall notify the director of the bureau of criminal investigation of a change of address. The notification must be in writing, must be postmarked within thirty days of the change of address, and must include the licenseholder's name, former address, license number, and new address. The new address must include the new house number or apartment number, street name, city, zip code, and county.

2.The applicant or licenseholder shall notify the director of any change of material facts that affect the need for or possession of a concealed weapons license.

History

History: Effective September 1, 1986; amended effective April 1, 2010; August 1, 2013.
Law Implemented: NDCC 62.1-04-03(10)

N.D. Admin. Code 10-12-01-10 Appeals and reconsideration

1.An individual who is aggrieved by the decision of the director to deny an application for a license or a renewal of a license, or to suspend or cancel a license, may petition for reconsideration and rehearing under North Dakota Century Code section 28-32-40.

2.An individual who is aggrieved by the decision of the director to deny an application for a license or a renewal of a license, or to suspend or cancel a license, may appeal to the district court of Burleigh County under North Dakota Century Code section 28-32-42.

History

General Authority: NDCC 28-32-40, 28-32-42, 62.1-04-03
Law Implemented: NDCC 62.1-04-03(7)

N.D. Admin. Code 10-12-01-11 Reciprocity

The attorney general may enter into reciprocity agreements with other states to recognize another state's concealed weapons license if a reciprocity agreement is required by the other state in order to recognize North Dakota's concealed weapons license.

N.D. Admin. Code 10-12-01-12 Test administrator certification

1.The attorney general may certify test administrators to conduct classroom instruction, administer the written examination, and, if applicable, have the applicant demonstrate familiarity with a weapon, and conduct the shooting and proficiency examination.

2.In order to become certified as a test administrator, an individual shall successfully complete the concealed weapons test administrator course approved by the director. Successful completion of the certification program requires a passing score on a written examination and a shooting course of fire.

3.The attorney general may certify a peace officer as a test administrator to conduct classroom instruction and administer the written examination who has current certification from the North Dakota peace officer standards and training board in methods of instruction.

4.The attorney general may certify a peace officer as a test administrator to conduct firearm familiarity demonstrations and shooting and proficiency exercises who has current certification from the North Dakota peace officer standards and training board as a weapons instructor.

5.All applications for test administrator certification must be made on a form approved by the director.

6.Test administrator certification is effective for five years from the date of certification.

7.Except as otherwise provided in this chapter, a test administrator must possess a current valid North Dakota concealed weapons license as a requirement for certification under this section.

History

History: Effective April 1, 2010; amended effective January 1, 2012; August 1, 2013.

N.D. Admin. Code 10-12-01-13 Renewal of test administrator certification

1.The director shall prescribe and provide the required training program for renewal of test administrator certification, including classroom and firearm instruction. Successful completion of the renewal training program requires a passing score on a written examination and a shooting course of fire.

2.Applications for renewal must be submitted on a form approved by the director.

3.Except as otherwise provided in this chapter, a test administrator must possess a current valid North Dakota concealed weapons license as a requirement for renewal of certification under this section.

History

History: Effective April 1, 2010; amended effective January 1, 2012; August 1, 2013.

N.D. Admin. Code 10-12-01-14 Test administrator training and testing procedures and fees

1.A certified test administrator may only conduct the training and testing procedures according to the requirements established by the director. The instructor may determine the frequency and class size of training and testing sessions.

2.A certified test administrator shall submit a listing of the dates of every classroom instruction, training, and testing of five or more students to the director on a form approved by the director prior to the commencement of classroom instruction, training, or testing to monitor course content and instructor development.

3.A certified test administrator may not charge a fee exceeding fifty dollars to conduct the requirements for a concealed weapons license.

4.A certified test administrator will complete rosters for all concealed weapons classes and tests on a form approved by the director. All rosters will be submitted by mail to the director within fifteen days of completion of the testing.

5.A certified test administrator must maintain the completed test and class records for one year after the date of testing.

History

History: Effective April 1, 2010; amended effective August 1, 2013.

N.D. Admin. Code 10-12-01-15 Denial, revocation, or cancellation of test administrator certification

The director may deny, revoke, or cancel test administrator certification. Grounds for denial, revocation, or cancellation include:

1.The test administrator is prohibited from owning, possessing, or having a firearm under North Dakota Century Code section 62.1-02-01 or under federal law;

2.The test administrator has committed any other violation of North Dakota Century Code title 62.1;

3.The test administrator willfully submitted false material information for the purposes of obtaining test administrator certification or renewal;

4.The test administrator has failed to follow the approved procedures for the issuance of a concealed weapons license;

5.The test administrator has willfully submitted false material information concerning the training or testing conducted for a concealed weapons license; or

6.The test administrator has not filed a completed application for certification as a test administrator or has not met the requirements for certification as a test administrator.

Denial, revocation, suspension, or cancellation of test administrator certification based on self-disclosure of a violation or violations will be determined on a case by case basis.

History

History: Effective April 1, 2010; amended effective August 1, 2013.

N.D. Admin. Code 10-12-01-16 Requirements for materials accompanying concealed weapons license application

1.Fingerprints for a concealed weapons license may be taken by:

a.A test administrator who has been authorized by the agency; or

b.Law enforcement personnel who have been trained to take fingerprints.

2.Photographs of the applicant must adhere to the following criteria:

a.Photographs must be the size of a normal United States passport photograph at two inches by two inches;

b.Photographs must be in color;

c.Photographs must be printed on photo paper;

d.No hats, caps, scarves, or other regular kinds of head covering may be worn in the photograph;

e.No glasses may be worn in the photograph;

f.No face masks or other types of coverings may be worn in the photograph;

g.The photograph must depict a full representation of the front of the applicant's face with open eyes and all features visible;

h.The photograph should include the area from the top of the applicant's head to the applicant's shoulders;

i.Uniforms may not be worn in the photograph; and

j.The applicant's face may not be obscured.

Exceptions to the photographic requirements may be made at the discretion of the director for religious or medical reasons upon written request by the applicant or licenseholder. The request must be accompanied by documentation verifying the reason for the exception and mailed to the agency.

History

History: Effective August 1, 2013.
Law Implemented: NDCC 62.1-04-03(10)

Article 10-13 Criminal History Record Information

Chapter 10-13-01 Reporting of Criminal History Record Information

N.D. Admin. Code 10-13-01-01 Reporting forms

Criminal justice agencies required by law to report criminal history record information to the bureau shall adhere to procedures and use electronic or paper formats prescribed by the bureau.

History

Law Implemented: NDCC 12-60-16.1, 12-60-16.3

N.D. Admin. Code 10-13-01-02 Reporting to federal bureau of investigation prohibited

Arresting agencies may not report criminal history information directly to the federal bureau of investigation. Only the bureau may submit criminal history record information directly to the federal bureau of investigation.

History

Law Implemented: NDCC 12-60-16.3

N.D. Admin. Code 10-13-01-03 Biometric data submission

Criminal justice agencies shall submit biometric data to the bureau in the electronic or paper format prescribed by the bureau for each reportable event.

History

Law Implemented: NDCC 12-60-16.2, 12-60-16.3

N.D. Admin. Code 10-13-01-04 Reporting check offenses

Repealed effective January 1, 2016.

Chapter 10-13-02 Collecting Criminal History Record Information

N.D. Admin. Code 10-13-02-01 Bureau responsibility

The bureau shall establish procedures and electronic or paper formats for collecting criminal history record information from criminal justice agencies, including methods to facilitate the collection of prosecution or disposition information or reportable events relating to initial arrest reports.

History

History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.2, 12-60-16.3, 12-60-16.4

Chapter 10-13-03 Maintaining Criminal History Record Information

N.D. Admin. Code 10-13-03-01 Rules apply to manual and automated systems

Criminal history record information may be maintained in manual files or in electronic criminal

history files.

History

Law Implemented: NDCC 12-60-16.3

N.D. Admin. Code 10-13-03-02 Local criminal history records

Local criminal justice agencies may compile and maintain criminal history records, as defined by North Dakota Century Code section 12-60-16.1, based on information generated within and by actions of an agency, or agencies in the case of joint or shared record systems.

History

Law Implemented: NDCC 12-60-16.1, 12-60-16.3

N.D. Admin. Code 10-13-03-03 Rules governing local criminal history records

Criminal history records maintained by local criminal justice agencies are subject to the requirements of North Dakota Century Code chapter 12-60 and this article and may be audited by the bureau for compliance.

History

Law Implemented: NDCC 12-60-16.3

Chapter 10-13-04 Exchanging Criminal History Record Information

N.D. Admin. Code 10-13-04-01 Limitation on use of exchanged information

Criminal history record information exchanged between criminal justice agencies for criminal justice purposes may not be used or disseminated for purposes other than those for which it was originally obtained.

History

History: Effective November 1, 1987.
Law Implemented: NDCC 12-60-16.3

N.D. Admin. Code 10-13-04-02 Exchange log

Criminal justice agencies shall maintain a transaction log of requests received for criminal history record information and their response to those requests for a minimum of three years. The log must include:

1.Name of record subject.

2.Requesting agency.

3.Officer name or unit number.

4.Date of request.

5.Type of response and indicating record exchange or no record.

History

History: Effective November 1, 1987; amended effective January 1, 2016.
Law Implemented: NDCC 12-60-16.3, 12-60-16.5

N.D. Admin. Code 10-13-04-03 Disclosure for national security purposes

Criminal justice agencies shall release criminal history record information to the department of defense, department of state, department of transportation, office of personnel management, central intelligence agency, and federal bureau of investigation as required under federal law if the following requirements are met:

1.The requesting federal agency provides its legal authorization to the bureau or criminal justice agency.

2.The request relates to an individual under investigation by the department of defense, department of state, department of transportation, office of personnel management, central intelligence agency, or the federal bureau of investigation for the purpose of determining eligibility for a security clearance, access to classified information, assignment to or retention in sensitive national security duties, acceptance or retention in the armed forces, appointment, retention, or assignment to a position of public trust or a critical or sensitive position while either employed by the federal government or performing a federal government contract.

3.The requesting federal agency has received a written consent from the individual under investigation to authorize disclosure of criminal history record information for the purposes specified in this rule.

4.The request for record check is written and contains the biometric data of the record subject, or if the request is made without the submission of biometric data, the request must also include the name of the record subject and at least two items of information used to retrieve criminal history records, including:

a.The state identification number assigned to the record subject by the bureau.

b.The social security number of the record subject.

c.The date of birth of the record subject.

d.A specific reportable event identified by date and by either a criminal justice agency or a court.

5.The information has not been purged or sealed.

6.The identifying information in support of a request for a criminal history record does not match the record of more than one individual.

7.The information to be disclosed is information relative to a reportable event initiated within that criminal justice agency in accordance with section 10-13-04-01.

History

History: Effective November 1, 1987; amended effective January 1, 2016.
Law Implemented: NDCC 12-60-16.3, 12-60-16.5, 12-60-16.6

Chapter 10-13-05 Disseminating Criminal History Record Information

N.D. Admin. Code 10-13-05-01 Criminal justice agency response to dissemination requests

Criminal justice agencies receiving requests for criminal history record information from noncriminal justice sources shall refer those requests to the bureau. Only the bureau may disseminate criminal

history record information for noncriminal justice purposes.

History

Law Implemented: NDCC 12-60-16.3, 12-60-16.6, 12-60-16.7

N.D. Admin. Code 10-13-05-02 Bureau handling of dissemination requests

The bureau shall provide forms and establish and publish procedures for noncriminal justice entities to acquire criminal history record information.

History

Law Implemented: NDCC 12-60-16.3, 12-60-16.6, 12-60-16.7

N.D. Admin. Code 10-13-05-03 Fee for record check

Requests from noncriminal justice agencies for criminal history record checks must be accompanied by payment in the amount required in North Dakota Century Code section 12-60-16.9.

Checks, money orders, or purchase orders must be made payable to the "Attorney General's Office".

Any request that does not include the statutory fee will not be processed and will be returned to the requesting party. A receipt for payment of the fee will be provided to the requesting party.

History

Law Implemented: NDCC 12-60-16.3, 12-60-16.9

N.D. Admin. Code 10-13-05-04 Dissemination log

The bureau shall maintain a transaction log of all requests for criminal history record checks, and in those cases in which criminal history record information is released, the details of the release must be recorded. In those cases in which dissemination is prohibited under state or federal law, the reason for not disseminating criminal history record information must be recorded. The recording agency shall maintain the dissemination log for a minimum of three years.

History

Law Implemented: NDCC 12-60-16.3, 12-60-16.5, 12-60-16.6, 12-60-16.7

N.D. Admin. Code 10-13-05-05 Retention of fingerprints and identifying information for rap back purposes

The bureau and the federal bureau of investigation may retain fingerprints and other identifying information obtained through the criminal history record information background investigation process for rap back at the request of the agency, official, or entity that submitted the fingerprints and other identifying information. The subject of the record request must be provided notice of the retention of the fingerprints and other identifying information. Fingerprints and other identifying information may be searched against future submissions, including latent fingerprint searches.

History

History: Effective January 1, 2016.
Law Implemented: NDCC 12-60-16.3, 12-60-24

Chapter 10-13-06 Security of Criminal History Record Information

N.D. Admin. Code 10-13-06-01 Policies and procedures required

All criminal justice agencies maintaining criminal history record systems, whether manual or automated must have written policies and procedures to protect criminal history data from unauthorized access. Written policies and procedures must include:

1.Designation of personnel authorized access to criminal history files.

2.Screening of personnel authorized access.

3.Screening of noncriminal justice personnel with access or work proximity to criminal history record information, including information technology personnel, contractors, maintenance personnel, and nonagency janitorial personnel.

4.Supervision of personnel with access or proximity to criminal history record information.

N.D. Admin. Code 10-13-06-02 Facilities

All criminal justice agencies maintaining criminal history record systems must have adequate facilities and security systems to protect criminal history data from unauthorized access. Buildings and rooms used for criminal history record information maintenance and storage must be constructed and utilized to prevent unrestricted physical access by unauthorized persons.

N.D. Admin. Code 10-13-06-03 Automated systems

Criminal justice agencies operating automated criminal history record information systems must provide:

1.Access to only authorized individuals and agencies using secure passwords. Authorized individuals may not disclose passwords.

2.Security against tampering or destruction of the criminal history record information system.

3.Detection and logging of unauthorized attempts to access the criminal history record information system.

4.Protection of criminal history record information system software.

5.Compliance with the security requirements under 28 C.F.R. Part 20 and NCIC.

Chapter 10-13-07 Inspection and Challenge of Criminal History Record Information by a Record Subject

N.D. Admin. Code 10-13-07-01 Inspection

A record subject may, upon submission of a written request and verification of identity, review, without undue burden to either the criminal justice agency or the record subject, any criminal history record information maintained by any criminal justice agency about the record subject.

N.D. Admin. Code 10-13-07-02 Record subject identification

Satisfactory verification of identity may include fingerprint comparison or presentation of a current government-issued photo-identification, including a driver's license or passport. If fingerprint comparison is required for positive identification, the record subject may be required to return at a later date to the agency where the inspection was requested.

History

Law Implemented: NDCC 12-60-16.3, 12-60-16.6

N.D. Admin. Code 10-13-07-03 Inspection by representative

A representative of a record subject shall present a power of attorney, notarized authorization, or satisfactory proof of authority as a legal representative of the record subject before being allowed to view the information on file for the record subject.

History

Law Implemented: NDCC 12-60-16.1(9), 12-60-16.3

N.D. Admin. Code 10-13-07-04 Inspection of local and state central repository records

A record subject may make a request to any criminal justice agency in North Dakota to inspect the subject's criminal history record, if any, retained by that agency and by the bureau. The record subject shall provide satisfactory verification of identity before the agency may permit the record subject to inspect the records.

N.D. Admin. Code 10-13-07-05 Request for inspection from out-of-state

A request for inspection of a criminal history record must be made in person at a criminal justice agency by the record subject or an authorized representative of the record subject. Requests made by mail or any other means from out-of-state may not be processed by the receiving agency or the bureau.

N.D. Admin. Code 10-13-07-06 Notification of record availability

Criminal justice agencies shall notify the record subject when the subject's record is available for review and shall establish a time within normal working hours when that review can take place.

N.D. Admin. Code 10-13-07-07 Negative response to request for inspection

A criminal justice agency or the bureau may deny inspection of a record if the record subject is not satisfactorily identified. Agencies or the bureau shall also respond negatively if no record is found for the individual. The agency or the bureau shall notify the individual in writing of the reason for the negative response and the right to challenge the denial.

History

Law Implemented: NDCC 12-60-16.3, 12-60-16.7

N.D. Admin. Code 10-13-07-08 Record copies restricted

Individuals inspecting criminal history records may make notes of the information in the record but may not receive a copy of the record unless the record subject intends to challenge the information in the record. If a a record subject challenges information in a criminal history record, the criminal justice agency or the bureau shall limit copies of the record to those portions of the record that have been challenged.

N.D. Admin. Code 10-13-07-09 Challenge of denial to inspect

If an agency or the bureau denies a record subject the right to inspect the subject's criminal history record, the subject may challenge the denial by submitting a challenge form and a complete set of fingerprints within ten days of the denial to the administrator of the agency which has issued the denial.

The agency administrator shall allow inspection of the records requested or respond to the record subject with written findings why the denial is upheld.

N.D. Admin. Code 10-13-07-10 Challenge of completeness and accuracy

A record subject may challenge the completeness or accuracy, or both, of specific criminal history record entries pertaining to the record subject and request incomplete or inaccurate entries be corrected. Upon challenge, the criminal justice agency originating the record entries shall review the alleged incomplete or incorrect entries, and shall notify the record subject, in writing, of the results of the review within twenty working days of the receipt of the challenge.

The record subject shall specify in writing the incomplete or inaccurate entries and what are complete or correct entries.

N.D. Admin. Code 10-13-07-11 Forwarding challenge forms to originating agency

If the reviewing agency is not also the originating agency, the original challenge form and any related documents must be forwarded to the originating agency, or, in the case of challenges claiming incompleteness, to the agency that can verify the notations which, according to the record subject, should be included in the record. The reviewing agency shall retain a copy of the original challenge form.

History

History: Effective November 1, 1987.

N.D. Admin. Code 10-13-07-12 Notification of corrections to a criminal history record

In the event an originating criminal justice agency corrects criminal history record entries, the originating agency shall notify all criminal justice and noncriminal justice agencies that have received the erroneous information within the year preceding the challenge of the corrections.

Chapter 10-13-08 Auditing of Criminal History Record Information

N.D. Admin. Code 10-13-08-01 Auditing local criminal history record systems

The bureau shall conduct annual audits of a representative sample of local criminal justice agencies to ensure completeness and accuracy of criminal history record information and to ensure compliance with legal requirements for the reporting, collection, maintenance, and dissemination of criminal history record information. Audits must be conducted to ascertain compliance with North Dakota Century Code sections 12-60-16.1 through 12-60-24 and this article. Upon completion of each audit, the bureau shall submit to the attorney general a written report setting forth the audit methodology and a summary of findings and recommendations.

The audits of state and local agencies must include: an inspection of facilities and equipment; observation of equipment and procedures; interviews with management and staff personnel; examination of files, documents, and other material; analysis of record samples; and review of all relevant written standards, guidelines, regulations, manuals, and training materials.

History

History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3

N.D. Admin. Code 10-13-08-02 Auditing of bureau

The bureau shall conduct an annual audit of the state central repository for criminal history record information. This audit will examine compliance with North Dakota Century Code sections 12-60-16.1 through 12-60-24, this article, and the policies and procedures established for operation of the bureau's central repository. The results of such audit must be reported to the attorney general.

History

History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3

Chapter 10-13-09 Agreements between the Bureau and Criminal Justice Agencies

N.D. Admin. Code 10-13-09-01 Agreements between the bureau and criminal justice agencies

Any formal agreement required by state or federal law between criminal justice agencies must be in the form required by the bureau.

History

History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3, 12-60-16.5

Chapter 10-13-10 Use of Criminal History Record Information for Research and Statistics

N.D. Admin. Code 10-13-10-01 Purposes warranting disclosure

The bureau may disclose criminal history record information for research and statistics for bona fide studies and analyses, including the incidence of crime, recidivism, demographic trends, or the administration of criminal justice.

History

History: Effective November 1, 1987; amended January 1, 2016.

N.D. Admin. Code 10-13-10-02 Disclosure of personal identifiers

Criminal history records may be disclosed in a form that identifies record subjects for the purposes authorized in section 10-13-10-01 if the results will only be released to the public in statistical, aggregate, and anonymous form and published information does not disclose the identity of record subjects. If the purposes of the study and analysis can be accomplished without access to personal identifiers, the required data will be made available without personal identifiers.

History

History: Effective November 1, 1987; amended effective January 1, 2016.

N.D. Admin. Code 10-13-10-03 Written agreement required

The recipient of criminal history record information for research and statistical purposes shall execute a written agreement with the bureau that defines the purposes of the study or analysis, the intended use of the information, and establishes safeguards to assure the integrity, confidentiality, and security of the information. The recipient may not use the information for purposes other than those specified in the agreement or disclose information in a form that identifies the record subject without the express written authorization of the record subject.

History

History: Effective November 1, 1987; amended effective January 1, 2016.

Chapter 10-13-11 Purging and Sealing of Criminal History Record Information

N.D. Admin. Code 10-13-11-01 Court order required

Criminal history records, or portions thereof, may be purged or sealed only when expressly authorized by state or federal law and pursuant to a court order from a court of competent jurisdiction.

N.D. Admin. Code 10-13-11-02 Purging limited

Purging must be accomplished so as to retain records or portions of records which are not the direct objective of a purge order. Agencies may destroy an entire record, including biometric data, photos, and arrest and disposition data, or they may destroy only specific portions of a record to accomplish the required purge.

N.D. Admin. Code 10-13-11-03 Access to sealed records

Criminal justice agencies may access sealed records for the following purposes:

1.Records management.

2.Review by the record subject.

3.Authorized research and statistical purposes.

4.Upon court order from a court of competent jurisdiction.

N.D. Admin. Code 10-13-11-04 Methods of sealing

Records may be sealed by attaching a special marking to sealed files, or by removal from the general record file and storage in a separate, secured file. In automated systems, sealing must be accomplished by limiting access to the sealed records or portions of the records to specific terminals or specifically authorized persons, or to specific terminals and specifically authorized persons.

Chapter 10-13-12 Agency Responsibility for Reporting Criminal History Record Information

N.D. Admin. Code 10-13-12-01 Criminal justice agencies

Criminal justice agencies shall report the following reportable events and information to the bureau:

1.Arrests.

a.Biometric data.

b.Physical description.

c.Charges.

2.Decisions not to refer arrests for prosecution.

3.Biometric data ordered by the court after a determination biometric data has not been previously collected from a defendant for the current charge.

4.The arresting agency is responsible for reporting the required information to the bureau even though another agency is under agreement to provide fingerprinting services or collection of biometric data.

History

Law Implemented: NDCC 12-60-16.2, 12-60-16.3, 12-60-16.4

N.D. Admin. Code 10-13-12-02 Prosecuting attorneys

Prosecuting attorneys shall report the following events and information to the bureau:

1.Charges filed.

2.Charges added subsequent to the filing of a criminal case.

3.Decisions not to file charges after a reported arrest.

4.Judgments of not guilty.

5.Judgments of guilty, including the sentence imposed.

6.Dismissal of charges.

7.Reversal of conviction.

8.Remand.

9.Vacation of sentence.

10.Sentence amendment or modification.

11.Judgment or order modifying or terminating probation.

12.Judgment or order revoking probation, including resentencing and the sentence imposed.

13.Deferred imposition of sentence or suspended sentence.

14.Death of defendant prior to trial.

15.Deferred prosecution or pretrial diversion of offenses under rule 32.2 of the North Dakota rules of criminal procedure.

History

Law Implemented: NDCC 12-60-16.2, 12-60-16.3, 12-60-16.4

N.D. Admin. Code 10-13-12-03 Local and regional correctional facilities

1.Local and regional correctional facilities shall report to the bureau the following events and information:

a.Receipt of an inmate.

b.Escape of an inmate.

c.Death of an inmate.

d.Release of an inmate from custody.

2.This information shall be reported only for those offenders actually sentenced to the custody of the sheriff or local or regional correctional facility for reportable offenses. It does not apply to offenders who happen to be in custody awaiting trial or transfer to another facility, except in the event of the offender's escape or death.

N.D. Admin. Code 10-13-12-04 North Dakota department of corrections and rehabilitation

The department of corrections and rehabilitation shall report to the bureau the following events and information:

1.Receipt of an inmate.

2.Escape of an inmate.

3.Death of an inmate.

4.Release of an inmate from custody.

5.Transfer of an inmate to an out-of-state correctional facility

6.Admission of an offender to supervision of probation or parole under the interstate compact for adult offender supervision.

N.D. Admin. Code 10-13-12-05 Pardon advisory board and parole board

The pardon advisory board and parole board, through the department of corrections and rehabilitation, shall report to the bureau the following events and information for each sentence assigned to a record subject for each reportable offense:

1.Pardon.

2.Parole.

3.Commutation of sentence.

4.Discharge of a parolee from custody or supervision.

5.Termination or revocation of parole.

6.Termination of supervision under the interstate compact for adult offender supervision.

Chapter 10-13-13 Time Requirement for Reporting Criminal History Record Information

N.D. Admin. Code 10-13-13-01 Time limits

Reports and substantiating documents of reportable events must be submitted to the bureau within the following time limits after the completion of the reportable event:

1.Arrest - within twenty-four hours.

2.Decision not to refer - within forty-eight hours.

3.Decision not to file charges - within forty-eight hours.

4.All other reportable events - within thirty days.

History

History: Effective November 1, 1987; amended January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3

Chapter 10-13-14 Definitions

N.D. Admin. Code 10-13-14-01 Definitions

As used in this article, unless the context otherwise requires:

1."Agency" means a criminal justice agency in the state of North Dakota as defined in North Dakota Century Code subsection 6 of section 12-60-16.1. For purposes of these rules, an agency includes a North Dakota state or municipal court.

2."Biometric data" includes fingerprints, palm prints, voice prints, retinal or iris images, facial recognition, and DNA profiles.

3."Bureau" means the North Dakota attorney general's bureau of criminal investigation.

4."Challenge" means to formally, in writing, call into question the completeness, contents, accuracy, dissemination, or denial of access to a criminal history record.

5."Collect" means to solicit and receive information pertaining to reportable events.

6."Court" means the North Dakota supreme court, a North Dakota district court, or a municipal court of the state of North Dakota.

7."Exchange" means to disclose criminal history record information, by any means, to another criminal justice agency or to a court.

8."Maintain" means to file or store criminal history record information and to combine information on related reportable events for identified record subjects.

9."NCIC" means the federal bureau of investigation, national crime information center.

10."Originating agency" means the criminal justice agency that recorded and reported a reportable event.

11."ORI" means the originating agency identifier assigned by the federal bureau of investigation.

12."Personal identifiers" means an individual's name, social security number, other number, or descriptive information that is sufficiently unique to identify one individual.

13."Prosecuting attorney" includes state's attorneys, assistant state's attorneys, city attorneys, assistant city attorneys, and assistant attorney generals who prosecute individuals charged with offenses.

14."Purge" means destroying, blotting out, striking out, expunging, or effacing a record so that no trace of the individual identification remains.

15."Rap back" means the retention of fingerprints submitted for noncriminal purposes under North Dakota Century Code section 12-60-24 and used for the purpose of authorized notification regarding the contributor of a future reportable event, including latent fingerprint search comparison.

16."Record subject" means the individual who is the primary subject of a criminal history record, and includes any authorized or lawful representative of the individual.

17."Report" means to submit information to the bureau pertaining to reportable events.

18."Reportable event" includes information a criminal justice agency is required to submit to the bureau for a reportable offense under North Dakota Century Code section 12-60-16.4 and includes arrest information, all charges filed, or not filed or not referred for prosecution if a report of an arrest was submitted to the bureau, all dispositions of criminal cases, correctional supervision, judgments amending, modifying, terminating, or revoking a sentence to probation and any resentencing after revocation, and information concerning the receipt, escape, death, release, transfer to another institution, pardon, conditional pardon, reprieve, parole, commutation of sentence, or discharge of an individual sentenced to custody for a reportable offense.

19."Reviewing agency" means the criminal justice agency at which a record subject has appeared to request an inspection of the record subject's criminal history record.

20."Sealed record" means a record that has been retained, but is inaccessible under state or federal law or pursuant to a valid state or federal court order. Access to a sealed record may only be allowed in accordance with section 10-13-11-03.

History

History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.2, 12-60-16.3, 12-60-16.4

Article 10-15 Deceptive Acts or Practices

Chapter 10-15-01 Deceptive Pricing

N.D. Admin. Code 10-15-01-01 Definitions

All words used in this chapter which are defined in North Dakota Century Code chapter 51-15 have the meanings given in that chapter. As used in this chapter:

1."Advertisement" includes statements and representations contained on any label, tag, or sign attached to, printed on, or accompanying merchandise offered for sale or printed in a catalog or any other sales literature.

2."Clearly and conspicuously" means that the statement, representation, or term being disclosed is reasonably understandable, is in such size, color contrast, or audibility, and is so placed and presented as to be readily noticeable, and is in close proximity to the information it modifies.

3."Comparable merchandise" means merchandise that is substantially similar in composition, style, design, model, kind, variety, service, or performance characteristics to the merchandise to which it is compared in any advertisement.

4."Comparative price" means the price or other description of value of merchandise to which a seller compares its current price in any advertisement.

5."List price" means a price given to a retailer by a manufacturer or other supplier as a suggested retail price for the merchandise and includes the term "manufacturer's suggested retail price".

6."Price comparison" means an expressed or implied comparison in any advertisement (whether or not expressed wholly or in part in dollars, cents, fractions, or percentages) of a seller's current price for merchandise with any other price or statement of value, whether or not the price is actually stated in the advertisement.

7."Seller" means any person who offers any merchandise for sale at any location and who disseminates advertisements for that product in North Dakota. Seller may include any officer, agent, employee, sales person, or representative of the seller, and any advertising agency employed by a seller.

8."Trade area" means the geographic area where the seller's outlets are located or where the seller's advertisements are disseminated.

History

Law Implemented: NDCC 51-12-01, 51-12-09, 51-15-02

N.D. Admin. Code 10-15-01-02 Identifying basis of price comparison

It is a deceptive act or practice for a seller to make a price comparison or claim a savings as to any merchandise offered for sale unless the seller clearly and conspicuously discloses the basis for or source of the price comparison or savings claim. However, a seller may make a price comparison or claim a savings without the required disclosure if the price comparison or savings claim is based on the seller's own former price as described in section 10-15-01-03. Terms such as "regular", "regularly", "formerly", "originally", "was", or words of similar meaning may be used by the seller to identify the seller's own former price.

N.D. Admin. Code 10-15-01-03 Comparison to seller's own former price

It is a deceptive act or practice for a seller to compare the seller's current price with the seller's former price for any merchandise unless:

1.The former price is a price at which a substantial number of sales were made by the seller during the three months immediately preceding the price comparison;

2.The former price is a price at which a substantial number of sales were made by the seller and the seller clearly and conspicuously discloses the dates during which a substantial number of sales were made by the seller at the former price; or

3.The former price is a price at which the seller offered the merchandise for a reasonably substantial period of time in the recent, regular course of its business, openly, actively, and in good faith, with an intent to sell the merchandise at that price.

N.D. Admin. Code 10-15-01-04 Comparison to seller's future prices

It is a deceptive act or practice for a seller to make an introductory offer or to compare its current price for merchandise with the price at which the merchandise will be offered in the future, unless:

1.The future price takes effect within a reasonable time after the introductory offer or price comparison is published; and

2.The future price of the merchandise is, subsequent to the end of the introductory sale, properly established as the seller's regular and customary price.

N.D. Admin. Code 10-15-01-05 Range of savings or price comparison claims

It is a deceptive act or practice for a seller to state or imply that any merchandise is being offered for sale at a range of prices, or at a range of percentage or fractional discounts, unless the highest price or the lowest discount in the range is clearly and conspicuously disclosed in the advertisement and a reasonable number of the items in the advertisement are offered with the largest advertised discount or the lowest advertised price. If at least five percent of the items in the advertisement are offered with the largest advertised discount or the lowest advertised price, a rebuttable presumption exists that a reasonable number were offered with at least the largest advertised discount or the lowest advertised price.

N.D. Admin. Code 10-15-01-06 Use of list price or similar comparisons

It is a deceptive act or practice for a seller to make a price comparison or to claim a savings, expressed or implied, from a list price or term of similar meaning, unless:

1.The list price does not exceed the highest price at which substantial sales of the merchandise have been made in the seller's trade area;

2.The list price is the price at which the seller offered the merchandise for a reasonably substantial period of time in the recent, regular course of its business, openly, actively, and in good faith, with an intent to sell the merchandise at that price;

3.The list price does not exceed the highest price at which the product is offered by a reasonable number of sellers in the seller's trade area for a reasonably substantial period of time in the recent, regular course of business; or

4.The list price does not exceed the seller's cost plus the percentage markup regularly used by the seller in the actual sale of such merchandise or merchandise of a similar class or kind, in the seller's recent, regular course of business.

N.D. Admin. Code 10-15-01-07 Comparison to competitor's price

It is a deceptive act or practice for a seller to compare the seller's price with a price currently being offered by another seller for merchandise unless the merchandise is comparable merchandise and the comparative price is at or below the price at which the comparable merchandise is currently being offered in the seller's trade area by a reasonable number of other sellers in the same trade area, or another identifiable seller.

N.D. Admin. Code 10-15-01-08 Bargain offers based on the purchase of other merchandise and use of the word free

It is a deceptive act or practice to use the word free, or words of similar meaning, or to represent bargain offers, including "buy one - get one free", "buy one - get one at half-price", "two for one", and "one cent sale", when describing merchandise to be given to a customer who purchases other merchandise, if the seller recovers, in whole or in part, the cost of the free or bargain merchandise by marking up the price of the item which must be purchased, by substituting an inferior item or service, or otherwise. It is a deceptive act or practice to represent that other merchandise is being offered free or at a bargain price with the sale if the advertised merchandise can be purchased from the advertiser at a lesser price without the free or bargain merchandise, particularly if the merchandise is usually sold at a price arrived at through bargaining.

N.D. Admin. Code 10-15-01-09 Use of sale terminology

It is a deceptive act or practice for a seller to use terms such as "sale", "sales prices", "now only $_____", or other words and phrases that imply a price savings unless the price of the merchandise is reduced by a reasonable amount from the former price of the merchandise. If the seller reduces the price by five percent or more from the former price, a rebuttable presumption exists that the price reduction was of a reasonable amount. However, the term "sale" may be used in an advertisement where not all items are offered at a reduction from regular price if the items are clearly and conspicuously identified.

N.D. Admin. Code 10-15-01-10 Use of term wholesale

It is a deceptive act or practice for a seller to use the term "wholesale" or words of similar meaning in connection with any merchandise offered for sale at retail.

N.D. Admin. Code 10-15-01-11 Reporting

Within twenty-one days after receipt of a written request from the attorney general, persons making price comparisons shall submit a report in writing setting forth substantiating information upon which the price comparison was based. The attorney general, for cause shown, may grant additional time to respond upon request.

History

Law Implemented: NDCC 51-12-09, 51-15-01, 51-15-02, 51-15-04

Article 10-16 Multi-State Lottery

Chapter 10-16-01 General Rules

N.D. Admin. Code 10-16-01-01 Definitions

As used in this article:

1."Achievement reward program" means a marketing strategy that recognizes and incentivizes rewards program members for reaching specific goals within a given time frame.

2."Applicant's agent" means a general manager, sole proprietor, partner of a partnership, or, for a corporation, an officer or director who is primarily responsible for financial affairs or a shareholder who owns ten percent or more of the common stock, of a business that is applying for or renewing a license. A general manager is an individual who regularly is onsite and primarily responsible and accountable for managing and controlling the day-to-day operation of the business.

3."Cash voucher" means a voucher generated by the lottery's player self-service terminal that can be validated for cash at the retailer's lottery terminal.

4."Central gaming system" means a computer system designed to control, monitor, communicate with a terminal, and record play transactions and accounting data.

5."Draw" means the formal process of randomly selecting winning numbers, letters, or symbols that determine the number of winning plays for each prize level of a game.

6."Game" means an online game authorized by the lottery.

7."Game group" means a group of lotteries that have joined together to offer a game on a multi-state basis according to the terms of the MUSL or the game group's rules or both.

8."Grand prize" means the top prize that can be won in a game.

9."Group play" means two or more individuals sharing a purchase made.

10."iLottery play" means the purchase of a draw game play via the internet or mobile application.

11."Lottery" means the North Dakota lottery.

12."Mobile payment service" means the use of mobile technology to facilitate transactions for purchasing lottery tickets.

13."Multi-state lottery" means a lottery game that spans the individual borders of a state, jurisdiction, province, district, commonwealth, territory, or country.

14."MUSL" means the multi-state lottery association.

15."North Dakota Lottery Players Club®" means a program that players can join to earn exclusive benefits and rewards.

16."Pick & Click" means the name of the application used to purchase iLottery plays.

17."Play" means the numbers, letters, or symbols that are on a ticket or properly and validly registered online play to be played by a player in a draw, excluding a lottery promotion.

18."Play area" means the area of a play slip that contains one or more sets of numbered squares to be marked by a player for a game. Each play area contains a certain number of numbers, letters, or symbols that correspond to the game.

19."Play slip" means a physical or electronic means by which a player communicates the player's intended play selection to a retailer or at a player self-service terminal as defined and approved by the lottery.

20."Player self-service terminal" means a device authorized by the lottery and operated by a player to function in an online, interactive mode with the lottery's central gaming system to receive and process lottery transactions, including the purchase and issuance of a ticket, the validation of a ticket, and the issuance of a cash voucher.

21."Points for Drawings®" means a program to which players can enter second chance drawings by using points accumulated during registration or from the entry of valid tickets.

22."Points for Prizes®" means a rewards program from which players can earn points by becoming registered members of the North Dakota Lottery Players Club and entering valid tickets to purchase items from the store.

23."Quick pick" means the selection of numbers, letters, or symbols by a certified random number generator, which are printed on a ticket or properly and validly registered via iLottery play and played by a player for a draw in a game.

24."Retailer fraud" means an owner or employee of a licensed retailer who knowingly and intentionally:

a.Fails to properly validate a player's winning ticket;

b.Fails to pay the player the proper prize amount on a winning ticket;

c.Fails to provide the player the proper exchange ticket on a winning multi-draw ticket; or

d.Performs any other act that causes financial harm to a player in violation of the lottery law or rules.

25."Set prize" means all prizes, except the grand prize for a game that are to be paid by a single cash payment and, except as provided by rule, must be equal to the prize amount established by the MUSL or the game group or both for the prize level of the game.

26."Terminal" means a device authorized by the lottery and operated by a retailer or the lottery to function in an online, interactive mode with the lottery's central gaming system to issue a ticket and enter, receive, and process a lottery transaction, including a purchase, validation of a ticket, and issuance of a report.

27."Ticket holder" means an individual who has signed a ticket or possesses an unsigned ticket.

28."Top prize" means the highest tier prize that can be won in a game.

29."Validation" means the process of determining whether a ticket presented for a prize is a winning ticket.

30."Wager account" means the account to which funds are deposited and from which iLottery play purchases are made.

31."WebCash voucher" means a digital funding option for iLottery.

32."Winning account" means the account to which iLottery play winnings are deposited and from which player withdrawals are made.

33."Winning numbers" means the numbers, letters, or symbols randomly selected in a draw to determine a winning play contained on a ticket or properly and validly registered via iLottery play or randomly selected in a lottery promotion to determine a winning prize stated on a ticket or coupon.

January 31, 2016; February 1, 2016; October 29, 2017; May 14, 2018; July 1, 2019; July 29, 2025;

September 28, 2025; January 1, 2026; July 1, 2026.

History

History: Effective February 1, 2004; amended effective April 1, 2006; July 1, 2008; July 6, 2014;
Law Implemented: NDCC 53-12.1-13

N.D. Admin. Code 10-16-01-02 Advertising

1.The lottery shall arrange for a retailer to be provided with:

a.Point-of-sale promotional material, including game brochure, promotional poster, and lottery signage; and

b.Problem gambling helpline telephone number.

2.Advertising and promotional material provided by the lottery must:

a.For a game brochure, indicate how a game is played, amount of prize offered, where and how a ticket may be bought, when a draw is held, odds on a game, and whether the grand prize is payable, at a player's option, on an annuitized basis or as a lump sum payment; and

b.Present the lottery as a form of entertainment.

3.Advertising material may not:

a.Present a game as an investment to achieve financial security;

b.Target a specific ethnic, racial, or religious group of people;

c.Use the name, signature, or picture of a current elected or serving state official to promote a game. However, the name and picture of the attorney general may appear on the lottery's web site and in the lottery's newsletter;

d.Indicate that an individual has a better chance of winning by purchasing a ticket at a specific retailer's site;

e.Promise or imply that an individual will win or that an individual who does not play has lost anything, other than a chance to win. However, advertising may promote the opportunity available to win; or

f.Misrepresent a chance of winning a prize; or

g.Degrade an individual who does not buy a ticket.

History

History: Effective February 1, 2004; amended effective April 1, 2006; July 1, 2006; July 1, 2019.
Law Implemented: NDCC 53-12.1-02, 53-12.1-03, 53-12.1-13

N.D. Admin. Code 10-16-01-03 Debt setoff of prize

In applying subsection 7 of North Dakota Century Code section 53-12.1-12, if two or more persons or state agencies make adverse claims to part or all of a player's prize amount and one of the claims is for child support, the lottery shall transfer the amount claimed for child support directly to the state disbursement unit of the department of human services, may transfer any remaining prize amount up to the amount of the other claims to Burleigh County district court, and then make a payment of any remaining prize amount to the player. However, if none of the claims is for child support, the lottery may transfer the total amount of the claims to Burleigh County district court and make a payment of any remaining prize amount to the player. The lottery shall notify each of the affected state agencies or persons of the amount transferred to district court. The lottery shall notify the player in writing of the proposed debt setoff and the player's recourse. If the player disputes the child support claim, the player shall pursue remedial action according to subsection 2 of North Dakota Century Code section

N.D. Admin. Code 50-09-14 If the player disputes a claim unrelated to child support, the player may pursue remedial action through district court

History

History: Effective February 1, 2004; amended effective April 1, 2006; April 1, 2008; July 1, 2010.
Law Implemented: NDCC 53-12.1-12, 53-12.1-13

N.D. Admin. Code 10-16-01-04 Audit of security

Repealed effective April 1, 2006.

N.D. Admin. Code 10-16-01-05 Restrictions, requirements, and authorizations

1.An employee of the lottery or a member of the immediate family or an individual who regularly resides in the same household of the employee may not receive a gift, gratuity, or other thing of value, excluding food, nonalcoholic beverage, or incidental item, from an applicant for a license, licensed retailer, or online gaming system or advertising vendor.

2.The lottery may waive a rule if it is in the best interest of the state, lottery industry, or public.

3.In applying subdivision d of subsection 1 of North Dakota Century Code section 53-12.1-11, personal information on a winning player does not include an amount won or the player's city or state of residence. If the player signs a release, the lottery may disclose or publish personal information the player authorizes to be released. Subdivision d of subsection 1 of North Dakota Century Code section 53-12.1-11 does not apply to cash, merchandise, an iLottery play, or ticket the lottery awards as a prize in a promotion.

4.If a lottery rule conflicts with an official or updated MUSL or game group rule or game rule, the official or updated MUSL or game group rule or game rule supersedes the lottery rule. The official MUSL or game group rule or game rule governs the administration of a game.

5.The lottery may conduct a promotion that includes a prize and shall prescribe promotional rules. The prize may be cash, ticket, iLottery play, or merchandise.

6.The lottery may immediately withdraw a lottery terminal, equipment, and supplies from a retailer's site if the retailer's license is inactive, suspended, revoked, or the retailer's license was not renewed.

May 14, 2018; July 1, 2019; January 1, 2026.

History

History: Effective February 1, 2004; amended effective April 1, 2006; July 1, 2006; April 1, 2008;
Law Implemented: NDCC 53-12.1-02, 53-12.1-08, 53-12.1-11, 53-12.1-13

Chapter 10-16-02 Retailer

N.D. Admin. Code 10-16-02-01 License application and fee

1.An applicant shall initially apply for a license for a site on a form prescribed by the lottery and remit an application fee of fifty dollars that is not refundable. The licensing fiscal year is October first through September thirtieth. An applicant may apply for a license for more than one site. A separate application is required for each site. Approval of an applicant is within the sole discretion of the lottery. Only one retailer may have a license for a specific site. A retailer shall apply for a renewal license for a site before October first of each year.

2.If the lottery approves an applicant for licensure for a site, the applicant shall remit a license fee of five hundred dollars for the applicant's first year for that site within fourteen days of when the applicant is notified by the lottery of its pending licensure. This fee is not prorated or refundable unless an applicant is disqualified according to section 10-16-02-03 before the applicant sells a ticket or a new owner purchases or leases a site and applies for a license before the former owner sells a ticket. After the first partial or full year of licensure, the annual license renewal fee for the site is one hundred fifty dollars and is not prorated or refundable on or after October first.

3.If a licensed alcoholic beverage establishment and an organization that is licensed under North Dakota Century Code chapter 53-06.1 to conduct a game of chance at that site both apply for a license for the site, the establishment has the first privilege. If the establishment does not apply and the organization does apply for a license, the organization shall obtain written authorization from the establishment and provide the authorization with the application.

If the organization is issued a license, the establishment's authorization is valid as long as the organization is licensed to conduct a game of chance at that site.

4.A license allows a retailer to sell a ticket for all authorized games.

5.The lottery may license a retailer on a seasonal or temporary basis for a special event or lottery promotion. A special event is an infrequent, significant, and identifiable activity in the community, such as a fair. The director of the lottery may waive the application or license fee, or both, for a temporary site for a presently licensed or new retailer that sells a ticket on a temporary basis at the site for a special event or lottery promotion.

6.The lottery may issue a conditional license to an applicant, shall designate the time period for which the license is valid, and may impose any conditions related to:

a.Determining whether an applicant or retailer is eligible for a license;

b.Issuing a license to an applicant or retailer whose regular license has been relinquished, suspended, or revoked;

c.Applying a minimum sales quota on an applicant or retailer;

d.Requiring an applicant or retailer to reimburse the lottery for the lottery's net cost of installing and maintaining the terminal and telecommunications equipment at a business if the applicant or retailer does not meet or maintain a mutually agreed minimum sales quota; or

e.Accessibility of a retailer to an individual who is disabled.

7.A license is a privilege and an applicant or retailer does not have a vested or legal right to the license.

8.Except as provided by subsection 5, an applicant's site must be a permanent business location.

9.The lottery may require a security deposit from an applicant or retailer.

10.If required by law, an applicant must be currently registered with the secretary of state.

11.A license may not be sold, transferred, assigned, pledged, or otherwise conveyed from a retailer to another person.

12.A retailer shall provide the lottery a thirty-day written notice of the retailer's intent to sell or otherwise transfer ownership of the retail business to another person. The acquiring person shall apply for a new license for that site if the person desires to be a retailer.

13.If a license becomes lost or destroyed, a retailer shall apply for a duplicate license and explain to the lottery what happened to the original license.

14.If a license is revoked and reinstated within the same licensing fiscal year, no additional license fee is due.

History

History: Effective February 1, 2004; amended effective April 1, 2006; April 1, 2008; January 1, 2026.

N.D. Admin. Code 10-16-02-02 Criteria for selecting an applicant

The lottery shall consider criteria in selecting an applicant for licensure or relicensure as a retailer, including:

1.Geographic or strategic location of a business in a town or city, and its location in relation to population, highways, and traffic patterns;

2.Accessibility of a business to the public and an unrestricted public access policy;

3.Regular contact with a significant number of individuals and the average number of customer sales transactions per day;

4.Normal business hours and days of the week that the business is open;

5.Number of years the business has been operating at its present location;

6.Historical gross sales of nonlottery products or expected gross sales of lottery tickets of a business, or both;

7.Physical security of a business, safety of the money derived from selling a ticket, and whether the business has a video surveillance or alarm system;

8.Financial condition, financial responsibility, and creditworthiness of the business;

9.Criminal history record, character, and reputation of the applicant's agent;

10.Sufficiency of an existing retailer to serve the public convenience in an applicant's town or city;

11.Anticipated or proven capability of a business to best serve the public interest by actively promoting the sale of a ticket, including displaying or providing point-of-sale promotional items to the public;

12.Initial or incremental cost of installing and maintaining a terminal and telecommunications equipment at a business or difficulty of using preferred telecommunications equipment;

13.Type of business and type of product, service, or entertainment offered at a site and whether it is acceptable to the general public and does not adversely impact the credibility, reputation, or image of the lottery. An applicant's primary retail business may not be to sell a lottery ticket. An eligible applicant may not be a pawnbroker, bank, check cashing or cash advance outlet, currency exchange business, credit union, consumer finance company, collection agency, or mortgage broker;

14.Recommendation of the lottery's online gaming system vendor;

15.Accessibility of a business to an individual who is disabled;

16.Type of building housing the business; and

17.Site inspection.

January 1, 2026.

History

History: Effective February 1, 2004; amended effective April 1, 2006; April 1, 2008; July 1, 2019;

N.D. Admin. Code 10-16-02-03 Record and credit checks

1.An applicant for a license shall request the lottery to do a North Dakota record check on the applicant's agent. The record check is to determine whether the individual has a criminal

history record that would disqualify the applicant for a license according to subdivision d of subsection 3 of North Dakota Century Code section 53-12.1-07. The lottery may require fingerprints of the individual. After the initial licensure of an applicant, the retailer shall request the lottery to do a North Dakota record check and, if necessary, an out-of-state record check, on a new applicant's agent within thirty days of when the change occurred. The lottery may periodically do a followup record check on an applicant's agent and charge a fee.

2.If the applicant's agent resides or has resided in a state other than North Dakota during the previous five years, the lottery shall do an out-of-state record check on that individual through the other state. The individual shall procure any necessary fingerprint card or special authorization form, or both, which is or are required by the other state from the lottery and return the completed card or form, or both, to the lottery within ten days after receiving it or them from the lottery.

3.An applicant shall request a record check on the applicant's agent by submitting a "lottery record/credit check" form for the applicant's agent and remit a nonrefundable fee in the amount prescribed by North Dakota Century Code section 12-60-16.9 for a North Dakota record check and, if an out-of-state record check is required, remit the nonrefundable fee that is charged by the other state, to the lottery. The applicant shall remit the fee with the license application or form. However, if the individual has had a record check done within one year of when the applicant applied for a license or renewal license and provides with the application a copy of the "lottery record/credit check" or similar form and, if applicable, a copy of the bureau of criminal investigation's criminal history record information the lottery may waive the requirement for a record check on that individual.

4.An individual's information on a criminal record may be disseminated only according to North Dakota Century Code chapter 12-60.

5.If an applicant's agent pleads guilty to or has been found guilty of a felony or misdemeanor offense as defined by the laws of this state, another state, or the federal government, the retailer shall immediately notify the lottery. Upon notification of a felony offense to the lottery:

a.If the applicant's agent is a general manager, the retailer shall terminate the general manager from employment;

b.If the applicant's agent is a partner of a partnership, the retailer shall terminate the partnership agreement with the affected partner;

c.If the applicant's agent is an officer or director who is primarily responsible for financial affairs of a corporation, the retailer shall delegate that responsibility away from the affected officer or director;

d.If the applicant's agent is a shareholder of a corporation, the retailer shall arrange for the shareholder to sell shares of stock to reduce the stock holding to less than ten percent of the common stock; or

e.The lottery shall suspend or revoke the retailer's license or take any other appropriation action.

6.The lottery shall do a credit check on an applicant that is a sole proprietorship, partnership, or corporation through a credit-reporting company or other reliable source to determine the applicant's financial condition and whether the applicant is financially responsible and credit worthy. The lottery shall prescribe the fee for a credit check. The fee is nonrefundable. The lottery may periodically do a followup credit check on a retailer and charge the fee.

7.A retailer shall retain a copy of the "lottery record/credit check" form for three years from the date it submitted the form to the lottery.

History

History: Effective February 1, 2004; amended effective April 1, 2006; July 1, 2019.

N.D. Admin. Code 10-16-02-04 Change in business location, ownership, or name

1.If a retailer changes its business location, the lottery may reissue a license to the retailer to sell a ticket at the new location provided:

a.The retailer notifies the lottery, in writing, thirty days before the change is to occur;

b.The retailer stops selling a ticket at the old business location before it begins selling a ticket at the new business location; and

c.The lottery determines that reissuing a license to the retailer for the new business location would best serve the public convenience.

2.If a retailer changes the type of its business ownership, it shall notify the lottery in writing and apply for a new license thirty days before the change is to occur.

3.If a retailer changes the name of the business, it shall notify the lottery in writing thirty days before the change is to occur.

N.D. Admin. Code 10-16-02-05 Training

An employee of a retailer who is responsible for and who has no previous experience operating a terminal must be trained on how to properly operate the terminal by the retailer or lottery representative before the employee may sell or redeem a ticket. The lottery shall provide the retailer with a placard containing the relevant provisions of the law and rules for employees to read and reference.

History

Law Implemented: NDCC 53-12.1-02, 53-12.1-03, 53-12.1-07, 53-12.1-13

N.D. Admin. Code 10-16-02-06 Duties

A retailer shall:

1.Comply with the lottery law, rules, promotional rules, and terms of a license agreement prescribed by the lottery;

2.Display a lottery license in an area visible, but not accessible, to the public where a ticket is sold and redeemed. A retailer shall prominently display signage and promotional and point-of-sale items provided by the lottery. A retailer may advertise and use, display, or make available other appropriate promotional and point-of-sale items. On request of the lottery, a retailer shall discontinue an advertisement or promotion that the lottery determines is in noncompliance with subsections 2 and 3 of section 10-16-01-02;

3.Display a problem gambling helpline telephone number;

4.Provide a secure operating space for a terminal at a location approved by the lottery or its online gaming system vendor. A retailer may not move the terminal to a different location at a site without written authorization from the lottery. If the retailer desires to have the terminal relocated at the site, only a qualified representative of the lottery's online gaming system vendor may relocate the terminal;

5.Provide dedicated alternating current to a duplex electrical receptacle for lottery equipment, including a terminal. Only lottery equipment may be on the circuit. A retailer shall pay the installation cost of the receptacle and monthly costs of electricity to operate the lottery equipment. The lottery shall provide the retailer with a schematic of the required amperage, voltage, and wiring of the receptacle;

6.As requested by the lottery, have an employee attend a training session sponsored by the lottery, review training material, complete a terminal-based eLearning training, or notify the lottery if a new employee needs training on operating a terminal;

7.Exercise care in operating a terminal and immediately notify the lottery's online gaming system vendor of a terminal malfunction, including the issuance of an invalid ticket, inability to sell or redeem a ticket, and nonissuance of a ticket. Except to clear a paper jam, the retailer may not perform mechanical or electrical maintenance on the terminal. Unless approved by the lottery, a retailer may not attach or adhere any stickers, decals, or advertisements on a terminal;

8.Replace ticket stock and clear a paper jam as necessary in a terminal;

9.Monitor the supply of game brochures, point-of-sale items, ticket stock, and play slips and notify the lottery or its online gaming system vendor when an item is in short supply;

10.Actively promote and sell a ticket and redeem a winning ticket during the retailer's core business hours on the days the retailer is open and when a terminal is operating. If the retailer's core business hours are earlier or later, or both, than the hours that the terminal is operating, the retailer shall post the hours during which an individual may redeem a winning ticket;

11.Prohibit an individual under age eighteen from buying a ticket or redeeming a winning ticket;

12.Not extend credit to a player or accept a credit card from a player for the purchase of a ticket or accept a supplemental nutrition assistance program or electronic benefits transfer as consideration for a ticket. A player shall pay for a ticket when the ticket is bought from a retailer. If a retailer delivers a ticket to a player's residence, the player shall prepay or pay for the ticket upon delivery. A retailer may not loan money to or accept a postdated check from a player;

13.Accept debit cards or mobile payment services through the lottery system or the retailer's point-of-sale system. If a retailer chooses to use its point-of-sale system, the retailer is responsible for related processing fees;

14.Maintain a level of ticket sales set by the lottery based on a minimum sales program;

15.Be financially responsible and personally liable to the lottery for money derived from the sale of a ticket, less money related to a sales commission and money paid on a redeemed winning ticket. The retailer shall allow money from the sale of a ticket that is deposited by the retailer in a bank account to be transferred to the lottery by electronic funds transfer on a weekly basis or other period prescribed by the lottery;

16.Store ticket stock, supplies, terminal, and related equipment in a safe place to prevent loss, theft, or damage;

17.Redeem a winning ticket and may pay a prize of up to five hundred ninety-nine dollars in cash or by business check, regardless of which retailer sold the ticket. The retailer may not charge a fee for redeeming a ticket and may not refuse to redeem a winning ticket sold by another retailer;

18.File a claim for credit for a printed defective ticket as prescribed by the lottery;

19.Permit an employee or agent of the lottery who has first shown proper identification to the retailer to review the retailer's accounting records and inspect, maintain, replace, or remove lottery equipment, supplies, ticket stock, or a record or recorded video from the site without prior notice during the retailer's normal hours of operation;

20.Notify the lottery in writing thirty days before there is a change of the bank account maintained for electronic funds transfer;

21.Make it convenient for the public to buy and redeem a ticket. A retailer may sell a ticket through a drive-up window;

22.Incur the loss from theft of a ticket or gift certificate;

23.Defend, indemnify, and hold harmless the lottery and state of North Dakota from any claim of any nature, including all costs, expenses, and attorney's fees, that may result from or arise out of an agreement with the lottery, except for a claim that results from or arises out of the state's sole negligence;

24.Upon revocation, relinquishment, or nonrenewal of a license, immediately return all lottery-related equipment and supplies, including unused ticket stock. The retailer is liable for money still owed the lottery; and

25.Maintain complete and accurate records and retain them for one year related to the sale and redemption of a lottery ticket. Records must include weekly terminal-issued reports of electronic funds transfers transactions.

July 1, 2019; July 1, 2025; July 29, 2025; September 28, 2025; January 1, 2026.

History

History: Effective February 1, 2004; amended effective April 1, 2006; April 1, 2008; July 6, 2014;
Law Implemented: NDCC 53-12.1-02, 53-12.1-03, 53-12.1-08, 53-12.1-13

N.D. Admin. Code 10-16-02-07 Sales commission and bonus

1.The lottery shall credit a retailer's account for:

a.A sales commission of five percent of the retail price of a ticket sold or otherwise issued by the retailer; and

b.A sales bonus for selling a ticket with a winning play, for a game as stated below.

However, the retailer must be licensed currently when a draw is conducted which results in the winning play of a ticket. If the winning play for POWERBALL® has the Power Play® option, or the winning play for LOTTO AMERICA® has the All Star Bonus® option, the retailer's account also must be credited for an additional bonus as stated below:

PrizeBonusAdditional Bonus POWERBALL Grand prize$50,000Additional $50,000 with Power Play $1,000,000$5,000Additional $5,000 with Power Play $50,000$1,000Additional $1,000 with Power Play MEGA MILLIONS® Base Prize (before multiplier)

Grand prize$100,000 $1,000,000$10,000 $10,000$1,000 MILLIONAIRE FOR LIFE TM $1,000,000/year for life$50,000 $100,000/year for life$10,000 $7,500$500 2BY2® Grand prize $22,000$500 $44,000*$1,000 *Tuesday draw double grand prize winning play on a qualifying multi-draw ticket.

LOTTO AMERICA

Grand prize$5,000Additional $5,000 with All Star Bonus $20,000$500Additional $500 with All Star Bonus

2.The lottery may credit a retailer's account for a fixed or graduated sales commission or bonus for a special promotion, including Power Play and All Star Bonus, which the lottery conducts for a certain period of time based on parameters set by the lottery.

October 29, 2017; May 14, 2018; July 1, 2019; April 5, 2025; July 29, 2025; September 28, 2025;

January 1, 2026; February 22, 2026; July 1, 2026.

History

History: Effective February 1, 2004; amended effective January 1, 2006; January 3, 2008; January 31, 2010; January 15, 2012; October 19, 2013; July 6, 2014; October 4, 2015; February 25, 2016;

N.D. Admin. Code 10-16-02-08 Bank account and electronic funds transfer

1.A retailer shall maintain a bank account at a financial institution that is insured by the federal deposit insurance corporation, federal credit union association, or federal savings and loan insurance corporation, located in North Dakota, and that is capable of electronic funds transfer. This account may be a special or general account used for deposit of money derived from selling a ticket. The amount deposited must be sufficient to cover the amount due the lottery. This amount is generally computed as gross sales, less the retailer's sales commission and value of validated redeemed winning tickets. The retailer shall deposit the amount in the account within one banking day after the date of the sale by the retailer. The lottery may transfer the amount due to the lottery on a weekly basis or on demand by electronic funds transfer on a day specified by the lottery. If the day specified for the transfer is on a federal or state holiday, the transfer will be done on the following business day. The lottery may establish a payment term with a retailer to address a situation unique to that retailer. The retailer shall hold the money derived from selling a ticket in trust and in a fiduciary capacity for the lottery.

The retailer is personally liable for the money owed the lottery and may not pledge the money in the account as collateral for a loan.

2.The lottery shall notify a retailer of the amount that is to be transferred from the bank account to the lottery before the electronic funds transfer occurs. A retailer shall notify the lottery of an error or dispute of the amount twenty-four hours before the transfer occurs.

3.A retailer shall pay the amount of a nonsufficient electronic funds transfer immediately by a certified or cashier's check or money order. If a nonsufficient funds transfer is not immediately covered, the lottery may assess the retailer a monetary fine, service charge, disable the terminal until the amount is paid, and suspend or revoke the retailer's license.

N.D. Admin. Code 10-16-02-09 Recordkeeping

Repealed effective April 1, 2006.

N.D. Admin. Code 10-16-02-10 Denial, suspension, or revocation of a license

The lottery may deny, suspend, or revoke a license if the applicant's agent has a disqualifying criminal history record or an applicant or retailer:

1.Obtained a license by failing to complete, failing to disclose information, or misrepresenting data on an application;

2.Violated a lottery law, rule, or term of a license agreement;

3.Failed to meet or maintain eligibility criteria for licensure;

4.Failed to file a required security deposit;

5.Changed the location of a retail business;

6.Failed to demonstrate financial responsibility or maintain a reasonable financial condition of the business, a check issued for payment of a prize on a winning ticket or an electronic funds transfer of money from a retailer's bank account to the lottery was dishonored for any reason, or is delinquent in remitting money owed to the lottery;

7.Filed for, or was involuntarily placed in, bankruptcy or receivership;

8.Acted in a manner or is involved in an activity at a site that is harmful to the public confidence in the integrity, reputation, or image of the lottery;

9.Experienced recurring theft or other negative incidents at the site that endangers the security of the lottery;

10.Failed to produce for review a record, document, or other item required by a lottery law, rule, or term of a license agreement;

11.Knowingly sold a ticket to or redeemed a winning ticket from an individual under age eighteen;

12.Failed to properly redeem or pay a player the proper prize for a winning play;

13.Failed to actively promote sales of tickets or properly display and provided point-of-sale promotional items to the public;

14.Failed to sell a minimum number of tickets as set by the lottery and another retailer adequately serves the public convenience;

15.Failed to maintain an active federal employer identification number and, if necessary, North Dakota sales tax permit number; or

16.Participated in retailer fraud.

History

History: Effective February 1, 2004; amended effective April 1, 2006; April 1, 2008; July 1, 2019.
Law Implemented: NDCC 53-12.1-02, 53-12.1-03, 53-12.1-06, 53-12.1-07, 53-12.1-09, 53-12.1-13

N.D. Admin. Code 10-16-02-11 Monetary fine

The lottery may impose a monetary fine on a retailer for failure to comply with a lottery law, rule, or term of a license agreement. The fine for each violation is a minimum of twenty-five dollars and may be in addition to or in place of a license suspension or revocation.

History

History: Effective February 1, 2004.

Chapter 10-16-03 Conduct and Play

N.D. Admin. Code 10-16-03-01 Games authorized

The lottery may conduct online games of POWERBALL®, MEGA MILLIONS®, LOTTO AMERICA®, 2BY2®, and MILLIONAIRE FOR LIFE TM .

February 22, 2026.

History

History: Effective February 1, 2004; amended effective November 8, 2005; July 1, 2008; January 31, 2010; January 31, 2016; February 25, 2016; October 29, 2017; July 1, 2019; January 1, 2026;
Law Implemented: NDCC 53-12.1-02, 53-12.1-03, 53-12.1-13

N.D. Admin. Code 10-16-03-02 Ineligible player

A ticket issued by a retailer or an iLottery play may not be bought by, or a prize won by a ticket or iLottery play or lottery-related promotion may not be paid or issued to:

1.An employee, officer, or director of the lottery's central gaming system vendor or the MUSL;

2.An individual who regularly resides in the same household of an individual described in subsection 1; or

3.A minor.

History

History: Effective February 1, 2004; amended effective November 8, 2005; April 1, 2008; January 1, 2011; May 14, 2018; July 1, 2019; January 1, 2026.
Law Implemented: NDCC 53-12.1-02, 53-12.1-08, 53-12.1-13

N.D. Admin. Code 10-16-03-03 Play slip

A play slip for a game must contain information on:

1.How to play the game;

2.How to complete a play slip;

3.How to win, including the odds of winning a prize of each prize tier; and

4.General rules, including:

a.Name of a game;

b.Ticket price;

c.Prize structure; and

d.Drawing day.

History

Law Implemented: NDCC 53-12.1-13

N.D. Admin. Code 10-16-03-04 Multiple draw

1.A player may buy a ticket for the next draw and for a number of subsequent draws as prescribed by the lottery. The player shall designate the number of multiple draws desired by marking that numbered multidraw box on a play slip. The additional draw for which the ticket is valid must be printed on the player's ticket.

2.Except as provided by subsection 5 of section 10-16-03-05, a player shall pay the standard price per play for each additional draw.

3.Unless one of the multidraw boxes on a play slip is marked and the additional amount paid, the play will only be eligible for the next draw.

4.A player shall play the same numbers selected on a play area for multiple draws.

History

Law Implemented: NDCC 53-12.1-13

N.D. Admin. Code 10-16-03-05 Sale or gift of a ticket

1.Only a retailer may sell a ticket and only at the site listed on a license. The sales price of a ticket is exempt from sales tax. Except as authorized by the lottery or for a lottery promotion, or delivery of a ticket by a retailer, a complete sales transaction between the retailer and a player must occur at a terminal or a player self-service terminal, including the exchange of money, exchange of a play slip if the player uses it, and exchange of the ticket. The retailer shall accept mobile payment services, cash, or debit card and may accept a check from a player. The retailer may not extend credit to a player or accept a supplemental nutrition assistance program, credit card, or electronic benefits transfer as consideration for a ticket. A player shall pay for a ticket when the ticket is bought from a retailer. A retailer may not loan money to a player or accept a postdated check from the player. A retailer is responsible for a check that is not collectible for any reason. This subsection does not prevent an individual who may lawfully buy a ticket from giving a gift of the ticket to another individual, or prevent a business or organization from purchasing a ticket and providing it as a gift or prize to an individual, except to an individual under age eighteen or an ineligible player according to

section 10-16-03-02.

2.An individual may buy a ticket on behalf of another individual or group of individuals, provided the individual provides the ticket without charging a procurement fee and the other individual is not, or the group of individuals does not include, an individual under age eighteen or an ineligible player according to section 10-16-03-02.

3.Except for an iLottery play, a player shall place a play through a retailer that acts as an agent for the player in entering the play. The player shall place a play by using and hand-marking a play slip provided by the retailer or requesting the retailer to place a quick pick. The retailer may assist and train a player how to complete a play slip. It is the sole responsibility of the player to verify the accuracy of a game play and other data printed on a ticket. The retailer may not use a copy of a play slip or other material in a terminal's play slip reader or permit a device to be connected to a terminal to enter a play.

4.A retailer shall use a terminal to issue a ticket containing the selected sets of numbers, letters, or symbols each set of which is a play. A retailer's sale of a ticket is final. A player may not void or cancel a ticket by returning the ticket to the retailer and the retailer may not buy back a ticket from a player. If data printed on a ticket is incorrect, a ticket is printed in error, an employee, volunteer, or agent of a retailer steals a ticket from the retailer, or if any other issued ticket can be used to claim a prize, the retailer cannot void or cancel the ticket or return the ticket to the lottery for credit. If the retailer cannot sell the ticket, the retailer owns the ticket and may redeem a winning ticket. However, the lottery may credit a retailer's account for a ticket that is illegible, mutilated, or otherwise defective as it was printed and which because of its physical condition cannot be sold. A retailer shall comply with a policy of the lottery related to criteria for sending a claim for credit of a defective ticket to the lottery. The retailer may not send a defective ticket to the lottery until after the draw for the game for which the ticket was issued.

5.A retailer shall sell a ticket only for the standard price of the ticket. However, a retailer may do a promotion for a period not to exceed ninety consecutive days in any six-month period in which a retailer offers a ticket for sale through a discount provided the retailer accounts for the standard price of the ticket to the lottery. A discount includes, for example, selling six tickets for the price of five tickets, selling two tickets for the price of one ticket, and selling a ticket for one-half price. A retailer may buy a ticket for the standard price of the ticket and offer it, at no charge, to an individual. A recipient of a ticket in a promotion may not be under age eighteen or an ineligible player according to section 10-16-03-02. A retailer may conduct other promotions, including:

a.Second chance drawings of winning or nonwinning tickets or other entry forms provided an individual may not be required to purchase anything to participate in the drawing;

b.Giving away a ticket with the purchase of a product or service;

c.Giving away or discounting a product or service with the sale of a ticket or return of a number of nonwinning tickets; and

d.With the purchase of a ticket, an individual may spin a wheel, for example, to select a free prize, product, or service.

6.An individual who buys or accepts a ticket, attempts to redeem a ticket for a prize, or otherwise participates in a draw agrees to comply with and abide by the lottery law, rules, procedures, policy, MUSL or game group rule or game rule, and decision of the lottery.

7.An individual who buys or accepts a ticket, attempts to redeem a ticket for a prize, or otherwise participates in a draw agrees to accept the decision of the lottery regarding the validity of the ticket, and any prize payment determinations relating to that ticket, and to release the state, lottery, MUSL, game group, and their officers, employees, agents, representatives, and contractors from any liability regarding the ticket or payment of the prize and are not responsible or liable for:

a.A lost or stolen ticket or incorrectly read play slip; or

b.Paying a prize related to a damaged, destroyed, erroneous, illegible, or mutilated ticket.

July 1, 2019; July 29, 2025; September 28, 2025; January 1, 2026.

History

History: Effective February 1, 2004; amended effective November 8, 2005; July 1, 2008; July 6, 2014;
Law Implemented: NDCC 53-12.1-02, 53-12.1-03, 53-12.1-07, 53-12.1-08, 53-12.1-13, 57-39.2-04

N.D. Admin. Code 10-16-03-06 Ownership of a ticket

1.Until an individual, including a group of individuals, places a signature in the designated area on the back of a ticket, the individual who is the ticket holder is the owner of the ticket. When a signature is placed in the designated area on the back of a ticket, the individual whose signature is shown is the owner of the ticket and entitled to a prize, subject to validation, regardless of who redeems or attempts to redeem the ticket. However, a player is not required to sign or complete the backside of the ticket to redeem it.

2.The lottery is not liable for nor has a responsibility to resolve a conflict between competing claimants or joint owners of a ticket or prize. The lottery may, at its discretion, address or resolve a conflict on a ticket.

History

History: Effective February 1, 2004; amended effective April 1, 2006; July 1, 2019.
Law Implemented: NDCC 53-12.1-02, 53-12.1-03, 53-12.1-08, 53-12.1-13

N.D. Admin. Code 10-16-03-07 Validation of a ticket or cash voucher

1.A retailer shall use a terminal to validate a ticket or cash voucher before the retailer may pay a prize on the ticket or cash voucher. A retailer that pays a player a prize without first validating the ticket or cash voucher assumes the financial risk that the ticket is not an actual winning ticket, the ticket was previously redeemed, or that the cash voucher was previously redeemed.

The lottery may not reimburse a retailer for a prize paid in error by the retailer. A ticket that does not pass validation is invalid and ineligible for a prize. A cash voucher that does not pass validation is invalid for cashing. Except as provided by subsection 18 of section 10-16-03-08, an original ticket is the only proof of a game play and submitting a winning ticket to the retailer or lottery is the only method of claiming a prize. A play slip, a copy or photo of a winning ticket, or a copy or photo of a cash voucher do not have monetary or prize value and are not evidence of a ticket bought or of numbers selected for a draw. A ticket must have been bought from a North Dakota retailer and meet the following validation requirements:

a.A retailer must have issued the ticket in an authorized manner;

b.The play, including the combination of numbers, letters, or symbols selected by a player or quick picked, evidenced by the ticket, must reach and be accepted and recorded by the lottery's central gaming system before the cutoff time for a draw. The draw for a game is held on the days determined by the game group. Even if a player intends for a retailer to enter the player's play before the cutoff time for the present draw, the play is only eligible for the draw that is printed on the ticket;

c.The ticket or cash voucher must not have been previously paid or voided by the lottery;

d.The ticket or cash voucher must not have been stolen, or be counterfeit, altered, mutilated, reconstructed, unreadable, illegible, irregular, partly blank, incomplete, defective, or an exact duplicate of another winning ticket. The game group, MUSL, and lottery are not responsible for a ticket that is altered in any manner;

e.A ticket or cash voucher is void unless the ticket is printed on a paper stock roll that was validly issued to and used by the retailer that sold the ticket;

f.The ticket or cash voucher validation number must be legible, intact, presented in its entirety, and correspond, based on the lottery's computer validation file, exactly to the date and selected numbers printed on the apparent winning ticket that was sold at a specific site;

g.The ticket or cash voucher may not be marked in any way with the intent to commit fraud; a player may place a signature on the back side of the ticket to claim a prize and a retailer may deface or void the ticket after it is redeemed;

h.If the total prize value of all plays of a winning ticket is fifty thousand dollars or more, the ticket must pass a confidential security check by the lottery;

i.Upon request by the lottery, a claimant of an apparent winning ticket shall disclose to the lottery the name of the retailer from which the claimant bought the ticket, date of purchase, and approximate time; and

j.A validation requirement adopted by the MUSL or game group.

2.After a retailer validates a winning ticket or cash voucher, the retailer shall, if sufficient funds are available, pay the player the prize value. However, a retailer shall redeem a winning ticket or cash voucher that has a prize value of fifty dollars or less. A retailer shall return the winning ticket or cash voucher and the player copy of the terminal receipt to the player and retain the retailer copy of the terminal receipt for recordkeeping purposes. After a retailer validates a nonwinning ticket, the retailer shall return the nonwinning ticket and player copy of the terminal receipt to the player. The player may discard a redeemed winning or nonwinning ticket and player copy of the terminal receipt.

3.The lottery shall credit a retailer's account for a prize actually paid by the retailer on a validated redeemed winning ticket or cash voucher.

4.The lottery's determination on a contested validation is final.

July 1, 2025; July 29, 2025; September 28, 2025; January 1, 2026.

History

History: Effective February 1, 2004; amended effective April 1, 2006; April 1, 2008; July 6, 2014;
Law Implemented: NDCC 53-12.1-02, 53-12.1-03, 53-12.1-08, 53-12.1-09, 53-12.1-13

N.D. Admin. Code 10-16-03-08 Claim of a prize

A prize for a validated winning ticket must be claimed as follows:

1.A prize may not be awarded and the lottery is not liable for a ticket not submitted for validation or for an announcement or dissemination by the lottery or any other individual of an incorrect number, letter, or symbol drawn.

2.A ticket bought or used to claim a prize in violation of federal or state law, or bought in violation of the lottery law or rules, is void and may not be used to claim a prize.

3.A ticket for a prize must be received or presented at the lottery office within one hundred eighty days after the date of a draw for the game for which the ticket was issued. If the final day of the claim period is a Saturday, Sunday, or state holiday, the claim period is extended to the next business day. An unclaimed prize is forfeited and retained by the lottery. However, if the grand prize for the game of POWERBALL, MEGA MILLIONS, or LOTTO AMERICA is unclaimed, then MUSL shall administer the grand prize money. If the top prize or second prize for LUCKY FOR LIFE or MILLIONAIRE FOR LIFE is unclaimed, the lottery's liability for that prize expires and no settlement of funds may be scheduled. If a lower tier prize for LUCKY FOR LIFE or MILLIONAIRE FOR LIFE is unclaimed, the lottery's liability for that prize expires and is allocated back to the lottery in relation to the sale's percent for the specific drawing.

4.An individual who owns or redeems a winning ticket:

a.Agrees to be bound by the lottery law, rules, procedure, policy, validation requirements, dispute resolution, and game group game rules related to the game for which the ticket was issued; and

b.Agrees the state, lottery, the MUSL, game group, and their officers, employees, agents, representatives, and contractor are discharged from any liability upon payment of a prize on a ticket.

5.The owner of a winning ticket may win only one prize per play for the winning numbers, letters, or symbols drawn and is entitled only to the prize won by those numbers in the highest matching prize category.

6.A retailer may redeem a ticket only at the business address listed on the license. The retailer may pay a prize in cash or by business check, certified or cashier's check, money order, or combination of methods.

7.An individual may redeem a winning ticket for a prize only during the normal business hours of a retailer provided the lottery's central gaming system is operating and a ticket can be validated. If the retailer is normally open for business before or after the hours when the lottery's central gaming system operates, the retailer shall post the hours at the site when an individual may redeem a ticket.

8.To claim a prize for an apparent winning ticket of less than six hundred dollars, a player may:

a.Present the ticket to a retailer, regardless of which retailer sold the ticket; or

b.Complete the back side of the ticket by entering the individual's full name and address and signing the ticket, and present or mail the ticket to the lottery's office.

9.If a ticket has a prize value of less than six hundred dollars, is owned by one individual, and is presented to a retailer, the retailer may redeem the ticket and pay the prize to the individual who physically possesses an unsigned ticket or to the individual whose signature is shown on the ticket. If an individual desires to redeem a winning ticket that is signed, the retailer shall request evidential proof of identity from the player before the retailer may validate or pay the prize. If the player does not provide proof of identity, the retailer may not validate the ticket or pay the player a prize and shall return the ticket to the player. For an unsigned ticket or a signed ticket in which the ticket holder is the identified owner, the retailer shall validate the ticket and, for a winning ticket, pay the prize to the player. If the retailer is unable to validate a ticket, the retailer shall provide the ticket holder with a prize claim form and instruct the ticket holder how to file a claim with the lottery.

10.If an apparent winning ticket has a total prize value of all plays of six hundred dollars or more and one individual signed or claims ownership of the ticket, a retailer may not redeem the ticket and shall provide the ticket holder with a prize claim form and instruct the ticket holder how to file a claim with the lottery. The ticket holder shall complete and sign the form and back side of the ticket and present or mail the form and ticket to the lottery. For a validated winning ticket, the lottery shall present or mail a check to the player for the amount of the prize, less withholding of income tax required by federal or state law and any debt setoff according to

section 10-16-01-03, unless the payment is delayed according to section 10-16-03-12. The lottery shall pay the prize to the individual whose name is on the ticket, notwithstanding the name on the claim form. For a nonwinning ticket, the lottery shall deny the claim, notify the claimant, and return the ticket.

11.If more than one individual signed or claims ownership of an apparent winning ticket, the retailer shall provide the claimant with a prize claim form and instruct the claimant how to file a claim with the lottery, as follows:

a.Each individual who claims part ownership of the ticket shall complete and sign the prize claim form and designate the individual's percentage of ownership and, if subdivision d applies, the one authorized payee;

b.At least one of the individuals who claim ownership shall sign the ticket and that signature must be on the prize claim form;

c.The prize claim form and ticket must be presented or mailed to the lottery;

d.For a validated ticket, if the amount of the prize allocated to each claimant is six hundred dollars or more, the lottery shall present or mail a separate prize check to each claimant.

The lottery shall present or mail a check to each claimant for the amount of each player's prize, less withholding of income tax required by federal or state law and any debt setoff according to section 10-16-01-03, unless the payment is delayed according to section

N.D. Admin. Code 10-16-03-12 If the prize allocated to each claimant is less than six hundred dollars, at the claimant's request, the lottery shall issue a single prize check to the individual designated and authorized on the prize claim form to receive payment of the prize on behalf of all the claimants or present or mail a check to each claimant for the amount of each player's prize; and

e.Notwithstanding subdivision d, if the claimants desire to designate one individual in whose name the entire claim may be made and list the individuals to whom the winnings are taxable, the claimants may file, along with a prize claim form, internal revenue service form 5754 (statement by person(s) receiving gambling winnings) with the lottery.

12.The lottery shall pay a prize to a player within a reasonable time after the player's winning ticket is validated by the lottery.

13.Except as provided by rule, if two or more plays win the grand prize, the prize money must be divided equally among the players whose tickets won. Except as provided by rule, for a set prize, each player wins the set amount of a prize regardless of whether two or more players have winning tickets for the prize.

14.The lottery is not liable for a ticket not delivered to the correct address of the lottery or a delay in delivery of a ticket or damage to a ticket while being delivered to the lottery.

15.A player who redeems a winning ticket is solely responsible for any federal or state income tax liability related to the prize.

16.An individual's right to a prize is assignable and payment of a prize may be made to an individual pursuant to an appropriate judicial order.

17.A prize may not be payable to a trust until after the lottery conducts a debt setoff on the beneficiaries of the trust.

18.If a player redeems an original multi-draw ticket before the ticket's last draw and a retailer returns the original ticket, rather than an issued exchange ticket, to the player, the lottery may not pay another prize on the original ticket until after the exchange ticket expires and has not been redeemed.

19.A winning ticket with a total prize value of all plays of six hundred dollars or more may not be paid to an individual who is identified as being in the United States illegally.

January 1, 2011; October 19, 2013; January 31, 2016; February 25, 2016; October 29, 2017; July 1, 2019; July 1, 2025: January 1, 2026; February 22, 2026.

1.A player shall purchase an iLottery play only from, and the financial transaction for that online play must be only with, the lottery through the North Dakota Lottery Players Club® website and payment processor. A player may use automated clearinghouse, debit card, authorized credit card, mobile payment services, or WebCash voucher to pay for an iLottery play.

2.An individual must be at least eighteen years of age.

3.An individual shall provide the following information when registering as a player, or a member of a group, for the iLottery play service:

a.Name;

b.Address;

c.Date of birth;

d.Telephone number;

e.Valid email address; and

f.Last four digits of their social security number.

4.An individual must be physically located within the borders of North Dakota and shall pass all verification processes used by the lottery during the player's registration process.

5.A player may purchase one or more iLottery plays for one or more games. Each iLottery play is limited to one play for a draw for one game. A player may purchase an iLottery play for up to twenty-eight days. An iLottery play is not refundable or cancelable by a player unless the game group makes a matrix change to the game at which time, the iLottery play must be canceled by the lottery and funds used to purchase the iLottery play must be refunded to the player's wager account through the iLottery play service, based on the number of draws actually held under the former game matrix in relation to the total number of draws purchased.

6.To be valid, an iLottery play must be properly and validly registered with the lottery on its player data base at its central computer site which meets the requirements established by the product group and MUSL security and integrity committee. All data on a player is confidential.

7.The owner of an iLottery play is the individual whose name is validly and properly registered with the lottery.

8.After the lottery properly and validly registers an online play, the lottery shall send a confirmation email to the player. The confirmation email is the player's evidence of an actual play in a draw and there is no actual ticket. The confirmation email must include:

a.Name of game. For the game of POWERBALL®, indication of whether the play has the power play option. For the game of LOTTO AMERICA®, indication whether the play has the All Star Bonus® option;

b.Number of and starting and ending dates of the draws;

c.Numbers, letters, or symbols of the play;

d.The player is responsible for ensuring that all player information and game play numbers, letters, or symbols are correct; and

e.Explanation of how a prize will be awarded.

9.Except as provided by subsection 10, an online play is valid for only the date range of draws specified in the confirmation email. The effective date of a new online play will be valid for the present draw in the game, if it is purchased by 8:58 p.m. central time for POWERBALL, LOTTO AMERICA, MEGA MILLIONS, MILLIONAIRE FOR LIFE, and 2BY2.

10.If the value of a prize on a winning POWERBALL, LOTTO AMERICA, MEGA MILLIONS, LUCKY FOR LIFE, MILLIONAIRE FOR LIFE, or 2BY2 iLottery play for a draw is:

a.Less than six hundred dollars, the lottery shall automatically deposit the funds into the player's winning account.

b.Equal to or more than six hundred dollars, the lottery shall contact the player by email and phone to arrange payment of the prize, less withholding of income tax required by federal or state law and any debt setoff according to North Dakota Century Code section 53-12.1-12.

11.The registered winner of an iLottery play with a value of six hundred dollars or greater shall complete the required claim process within one hundred eighty days of the date of the draw for which the prize was won. If the winner does not complete the claim process as prescribed, the prize expires.

12.If the owner of an iLottery play changes the owner's name, the owner shall provide the lottery with a notarized letter of the change. If the owner of an iLottery play dies, the lawful representative of the owner's estate shall provide the lottery with a notarized statement of the death and the lottery shall change the ownership of the iLottery play to "The Estate of" the owner.

History

History: Effective February 1, 2004; amended effective April 1, 2006; April 1, 2008; January 31, 2010;
Law Implemented: NDCC 53-12.1-02, 53-12.1-03, 53-12.1-08, 53-12.1-09, 53-12.1-13 10-16-03-08.1. Pick & Click iLottery play.
History: Effective November 8, 2005; amended effective January 3, 2008; November 1, 2008; July 1, 2010; October 19, 2013; July 6, 2014; January 31, 2016; February 1, 2016; October 29, 2017; May 14, 2018; July 1, 2019; July 1, 2025; July 29, 2025; January 1, 2026; February 22, 2026.
Law Implemented: NDCC 53-12.1-01, 53-12.1-02, 53-12.1-03, 53-12.1-08, 53-12.1-13

N.D. Admin. Code 10-16-03-09 Payment of a prize to an individual's estate

If a winning player dies during the annuity payment period of a prize, the game group, upon the petition of the estate of the deceased player to the lottery may accelerate the payment of the remaining prize to the estate. The lottery may rely on a certified copy of a court's appointment of a personal representative or other evidence that a certain individual is entitled to the payment of the remaining prize. If the game group approves the petition, then securities, cash, or both securities and cash held for the deceased player that represents the present value of that portion of a future lottery payment to be accelerated may be distributed to the estate. The identification of the security to fund the annuitized prize and responsibility for valuing the security and determining the present value of an accelerated lottery payment are at the discretion of the game group. Payment to the estate of the prize of the deceased owner releases the MUSL, game group, lottery, and state of any additional liability for the prize.

History

History: Effective February 1, 2004; amended effective April 1, 2006; April 1, 2008; July 1, 2019.

N.D. Admin. Code 10-16-03-10 Counterfeit or theft of a ticket

1.An individual may not make, alter, pass, counterfeit, or present, with intent to defraud, a ticket to a retailer or the lottery.

2.An individual may not steal a ticket or knowingly possess, redeem, or attempt to redeem a stolen ticket.

History

History: Effective February 1, 2004; amended effective April 1, 2006; July 1, 2019; January 1, 2026.

N.D. Admin. Code 10-16-03-11 Remedy for a defective ticket and dispute resolution

1.If a claimant and the lottery disagree on whether a ticket is a winning ticket and the lottery determines that the ticket is not valid and does not pay the prize, the lottery may replace the disputed ticket with a ticket for the next draw of the same game or refund the cost of the ticket.

If an individual buys a ticket that is defective, the only responsibility or liability of a retailer, vendor, or lottery is to replace the defective ticket with a ticket for the next draw of the same game or refund the cost of the ticket. This is the only remedy of the claimant.

2.The lottery shall resolve a dispute regarding the operation of the lottery, validity of a ticket, or payment of a prize, and the lottery's decision and judgment is final and binding on a participant in the lottery.

History

History: Effective February 1, 2004; amended effective July 1, 2019.

N.D. Admin. Code 10-16-03-12 Delay of paying a prize

The lottery may delay paying a prize to a player to review a change in a circumstance related to the award of a prize, payee, claim, or other item that the lottery has become aware of, including if:

1.A dispute occurs or appears that a dispute may occur related to a prize;

2.The identity of a claimant is questionable;

3.The validity of a ticket presented as a claim is questionable; or

4.A claim for a prize is subject to a debt setoff according to section 10-16-01-03 or North Dakota Century Code section 53-12.1-12.

History

Law Implemented: NDCC 53-12.1-08, 53-12.1-12, 53-12.1-13

Chapter 10-16-04 POWERBALL Game

N.D. Admin. Code 10-16-04-01 Game description

To play POWERBALL®, a player selects five different white numbers, between one and sixty-nine, and one additional red number (Powerball) between one and twenty-six. The additional number may be the same as one of the first five numbers selected. The price of a play is two dollars. A grand prize is paid, at the election of a winning player or by a default election made according to these rules, either on an annuitized pari-mutuel basis or as a cash lump sum payment of the total cash held for the prize pool on a pari-mutuel basis. A set prize (cash prize of one million dollars or less) is paid on a single-payment cash basis. Draws are held every Monday, Wednesday, and Saturday.

January 15, 2012; October 4, 2015; August 23, 2021; January 1, 2026.

History

History: Effective February 1, 2004; amended effective November 8, 2005; January 4, 2009;

N.D. Admin. Code 10-16-04-02 Expected prize pool percentages and odds

The grand prize will be determined and announced by the game group. The grand prize is paid on a pari-mutuel basis. Except as provided by rule, a set prize must be paid according to these matches per play and prize amounts with these expected prize payout percentages:

Matches Per PlayPrize Prize Pool Percentage Allocated to PrizeOdds* 5 white + 1 redGrand prize68.01%1:292,201,338 5 white + 0 red$1,000,0008.56%1:11,688,054 4 white + 1 red$50,0005.48%1:913,129 4 white + 0 red$1000.27%1:36,525 3 white + 1 red$1000.69%1:14,494 3 white + 0 red$71.21%1:580 2 white + 1 red$71.00%1:701 1 white + 1 red$44.35%1:92 0 white + 1 red$410.44%1:38 Overall odds of winning a prize on a two dollar play are 1:24.87. *Reflects the odds of winning and probable distribution of winning tickets in and among each prize tier, based on the total number of possible combinations.

History

History: Effective February 1, 2004; amended effective November 8, 2005; April 1, 2008; January 4, 2009; January 15, 2012; October 4, 2015; April 9, 2020.

N.D. Admin. Code 10-16-04-03 Probability of winning

Repealed effective April 1, 2006.

N.D. Admin. Code 10-16-04-04 Prize pool and payment

1.The prize pool for all prize categories must consist of fifty percent of each draw period's sales after the prize pool accounts and prize reserve accounts are funded.

2.The prize money allocated to the grand prize pool must be divided equally by the number of plays that win the grand prize. If the grand prize is not won in a draw, subject to any restrictions by the game group, the prize money allocated for the grand prize must roll over and be added to the grand prize pool for the next draw.

3.If there are multiple grand prize winning plays during a draw, each player selecting the annuitized option prize, then a winning play's share of the guaranteed annuitized grand prize must be determined by dividing the guaranteed annuitized grand prize by the number of winning plays.

4.A grand prize must be paid, at the election of the winning player made within sixty days after the player becomes entitled to the prize, with either a per winning player annuity or cash payment. If the payment election is not made by the player within sixty days after the player becomes entitled to the prize, then the prize must be paid as an annuity prize. An election for an annuity payment made by a player may be changed to a cash payment at the election of the player until the expiration of sixty days after the player becomes entitled to the prize.

Otherwise, the payment election is final. Shares of the grand prize must be determined by dividing the cash available in the grand prize pool equally among all winning plays of the grand prize. A player who elects a cash payment must be paid the share in a single cash payment. A player who elects an annuitized prize must be paid annually in thirty graduated payments with the initial payment being made in cash, followed by twenty-nine payments (increasing each year) by a rate determined by the game group funded by the annuity. Annual payments after the initial payment must be made by the lottery on the anniversary date or if this date falls on a nonbusiness day, then the first business day following the anniversary date of the draw of the grand prize winning numbers.

5.The lottery may not pay a grand or set cash prize until after it receives authorization from the MUSL. The lottery may pay the prize before it receives the funds from the MUSL.

6.The prize pool percentage allocated to set prizes must be carried forward to a subsequent draw if all or a portion of it is not needed to pay the set prizes awarded in the current draw.

History

History: Effective February 1, 2004; amended effective November 8, 2005; April 1, 2008; January 15, 2012; January 19, 2014.

N.D. Admin. Code 10-16-04-05 Prize payment

Repealed effective April 1, 2006.

N.D. Admin. Code 10-16-04-06 Power Play option

1.The Power Play option is a limited extension of the POWERBALL game and is conducted according to the game group's game rules. The option offers the owner of a qualifying play a chance to multiply or increase the amount of a set prize.

2.A qualifying play is a single POWERBALL play for which the player pays an extra one dollar for the Power Play option. Power Play does not apply to the grand prize.

3.A qualifying play that wins one of the seven lowest set prizes (excluding the match 5+0 prize) must be multiplied by the number selected, two through five or sometimes ten, in a separate random Power Play drawing. The match 5+0 prize, for players selecting the Power Play option, must be paid two million dollars unless a higher limited promotional dollar amount is announced by the game group or unless a lower dollar amount is announced by the game group under its limitation of liability rules.

4.A prize awarded must be paid as a lump sum set prize. Instead of the normal set prize amount, a qualifying Power Play must pay the amounts shown below when matched with the Power Play number drawn:

POWERBALL Pays Instead Matches Per Play Set Prize Amount Prize Amount With Power Play Purchase 10X5X4X3X2X 5 white + 0 red$1,000,000$2,000,000$2,000,000$2,000,000$2,000,000$2,000,000 4 white + 1 red$50,000$500,000$250,000$200,000$150,000$100,000 4 white + 0 red$100$1,000$500$400$300$200 3 white + 1 red$100$1,000$500$400$300$200 3 white + 0 red$7$70$35$28$21$14 2 white + 1 red$7$70$35$28$21$14 1 white + 1 red$4$40$20$16$12$8 0 white + 1 red$4$40$20$16$12$8 Rarely, under the game group's limitation of liability rules, a set prize amount may be less than the amount shown. In that case, the eight lowest Power Play prizes are changed to an amount announced after the draw. For example, if the match 4+1 set prize amount of fifty thousand dollars becomes twenty-five thousand dollars under the game group's rules, a Power Play player winning that prize amount when a "5" has been drawn shall win one hundred twenty-five thousand dollars ($25,000 x 5).

5.The following table reflects the probability of the Power Play numbers being drawn:

When the 10X multiplier is available:

Power PlayProbability of Prize Increase 10X - Prize won times 101 in 43 5X - Prize won times 52 in 43 4X - Prize won times 43 in 43 3X - Prize won times 313 in 43 2X - Prize won times 224 in 43 When the 10X multiplier is not available:

Power PlayProbability of Prize Increase 10X - Prize won times 100 in 42 5X - Prize won times 52 in 42 4X - Prize won times 43 in 42 3X - Prize won times 313 in 42 2X - Prize won times 224 in 42

6.The 10X multiplier for the seven lowest prize levels must at a minimum be available for all drawings in which the advertised grand prize amount is one hundred fifty million dollars or less.

Power Play does not apply to the grand prize. A Power Play match of 5+0 prize is set at two million dollars, regardless of the multiplier selected. The game group may elect to run limited promotions that may modify the multiplier features.

History

History: Effective February 1, 2004; amended effective November 8, 2005; April 1, 2008; January 4, 2009; November 1, 2010; January 15, 2012; January 19, 2014; October 4, 2015; January 1, 2026.

Chapter 10-16-05 HOT LOTTO Game [Repealed]

N.D. Admin. Code 10-16-05 HOT LOTTO Game [Repealed]

CHAPTER 10-16-05

HOT LOTTO GAME [Repealed effective October 29, 2017]

Chapter 10-16-06 Wild Card 2 Game [Repealed]

N.D. Admin. Code 10-16-06 Wild Card 2 Game [Repealed]

CHAPTER 10-16-06

WILD CARD 2 GAME [Repealed effective February 25, 2016]

Chapter 10-16-07 2BY2 Game

N.D. Admin. Code 10-16-07-01 Game description

To play 2BY2®, a player selects two different red numbers, between one and twenty-six, and two additional different white numbers, between one and twenty-six. The numbers for the second (white) set of two numbers may be the same as the numbers for the first (red) set of two numbers. The price of a play is one dollar. The grand prize is paid on a single-payment cash or single-payment cash pari-mutuel basis and a set prize (cash prize of one hundred dollars or less) is paid on a single-payment cash basis. Draws are held every Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday.

History

History: Effective November 8, 2005; amended effective February 22, 2008.

N.D. Admin. Code 10-16-07-02 Expected prize pool percentage and odds

Except as provided by subsection 3 of section 10-16-07-03 or by section 10-16-07-04, the grand prize is twenty-two thousand dollars. All prizes awarded must be paid as set cash prizes or free ticket prizes with the following expected prize payout percentages:

Matches Per PlayPrize Prize Pool Percentage Allocated to PrizeOdds* 2 red + 2 whiteGrand prize41.18%1:105,625 2 red + 1 white$1008.99%1:1,100 (3 matches) 1 red + 2 white$1008.99% 2 red + 0 white$31.55%1:37 (2 matches) 0 red + 2 white$31.55% 1 red + 1 white$312.94% 1 red + 0 whiteFree ticket12.40%1:4 (1 match) 0 red + 1 whiteFree ticket12.40% Overall odds of winning a prize on a one dollar play are 1:3.59. *Reflects the odds of winning and a combined distribution probability of winning plays, based on the total number of possible combinations.

History

History: Effective November 8, 2005; amended effective February 22, 2008; July 6, 2014.

N.D. Admin. Code 10-16-07-03 Prize pool and payment

1.The prize pool for all prize categories must consist of fifty-one percent of each draw period's sales after the prize reserve account is funded.

2.The prize pool percentage allocated to prizes must be carried forward to a subsequent draw if all or a portion of it is not needed to pay the prizes awarded in the current draw.

3.If there are more than ten grand prize winning plays in a draw, the following applies:

a.For a draw on Sunday, Monday, Wednesday, Thursday, Friday, and Saturday, the maximum grand prize liability is two hundred twenty thousand dollars which is paid on a pari-mutuel basis among all grand prize winning plays.

b.For a draw on Tuesday, the maximum grand prize liability is four hundred forty thousand dollars which is paid on a pari-mutuel basis among the grand prize winning plays based on each type of prize. For example, if there are seven standard grand prize winning plays ($22,000) and four Tuesday double grand prize winning plays ($44,000), each standard winning play would be allocated $20,000 and each Tuesday double grand prize winning play would be allocated $40,000, computed as follows:

Standard PrizeTuesday Double Prize Value of each grand prize winning play $22,000$44,000 Number of grand prize winning plays x7x4 Total value of grand prize winning plays $154,000$176,000 Maximum number of grand prize winning plays Actual number of grand prize winning plays Ratio of maximum number to actual number .909090.909090 Total pari-mutuel amount available for prizes $140,000$160,000 Number of grand prize winning plays ÷7÷4 Pari-mutuel amount of each winning play $20,000$40,000

4.A "free ticket" prize must be a free quick pick 2BY2 ticket for the next upcoming draw.

5.The lottery may not pay a grand or set cash prize until after it receives authorization from the MUSL. The lottery may pay the prize before it receives the funds from the MUSL.

History

History: Effective November 8, 2005; amended effective February 22, 2008; January 1, 2026.

N.D. Admin. Code 10-16-07-04 Tuesday draw double prize feature

If a player purchases an online play for seven draws, in increments of seven, or a multi-draw ticket of one or more plays for 7, 14, 21, 28, 35, or 42 consecutive draws, the value of the player's prize, including the grand prize, that is won on a Tuesday draw automatically doubles in value.

History

History: Effective February 22, 2008; amended effective July 6, 2014; May 14, 2018.
Law Implemented: NDCC 53-12.1.13

Chapter 10-16-08 MEGA MILLIONS Game

N.D. Admin. Code 10-16-08-01 Game description

To play MEGA MILLIONS®, a player selects five different white numbers, between one and seventy, and one additional gold number (Mega Ball®) between one and twenty-four. The additional number may be the same as one of the first five numbers selected. The price of a play is five dollars.

With a purchase, each play must be randomly assigned a multiplier that must be used to increase potential winnings of nongrand prize wins by two, three, four, five, or ten times over the base prize amount. Multipliers do not apply to the grand prize. A grand prize is paid, at the election of a winning player or by a default election made according to these rules, either on an annuitized pari-mutuel basis or as a cash lump sum payment of the total cash held for the prize pool on a pari-mutuel basis. A set prize (cash prize of ten million dollars or less) is paid on a single-payment cash basis. Draws are held every Tuesday and Friday.

History

History: Effective January 31, 2010; amended effective October 19, 2013; October 28, 2017; April 5, 2025.

N.D. Admin. Code 10-16-08-02 Expected prize pool percentages and odds

Matches Per PlayBase Prize Range of Prize Win** Prize Pool Percentage Allocated to PrizesGame Odds*** 5 white + 1 goldGrand prizeGrand prize55.26%1:290,472,336 5 white + 0 gold$1,000,000$2,000,000 to $10,000,000 9.50%1: 12,629,232 4 white + 1 gold$10,000$20,000 to $100,000 1.34%1:893,761 4 white + 0 gold$500$1,000 to $5,0001.54%1:38,859 3 white + 1 gold$200$400 to $2,0001.72%1:13,965 3 white + 0 gold$10$20 to $1001.98%1:607 2 white + 1 gold$10$20 to $1001.80%1:665 1 white + 1 gold$7$14 to $709.79%1:86 0 white + 1 gold$5$10 to $5017.06%1:35 Overall odds of winning a prize on a five dollar play are 1:23.07. *The grand prize is pari-mutuel and will be divided equally by the number of plays winning the grand prize. **The range of prize wins is determined by the randomly assigned multiplier applied to each play. ***Reflects the odds of winning and probable distribution of winning tickets in and among each prize tier, based on the total number of possible combinations.

History

History: Effective January 31, 2010; amended effective October 19, 2013; October 28, 2017; April 8, 2020; April 5, 2025.

N.D. Admin. Code 10-16-08-03 Prize pool and payment

1.The prize pool for all prize categories must consist of up to fifty-five percent of each draw period's sales after the prize reserve account is funded.

3.If there are multiple grand prize winning plays during a draw, each player selecting the annuitized option prize, then a winning play's share of the annuitized grand prize must be determined by dividing the annuitized grand prize by the number of winning plays.

Annual payments after the initial payment must be made by the lottery within seven days of the anniversary date on which the bonds were purchased to fund the annuity.

5.The lottery may not pay a grand or set cash prize until after it receives authorization from the MUSL. The lottery may pay the prize before it receives the funds from the MUSL.

6.The prize pool percentage allocated to set prizes must be carried forward to a subsequent draw if all or a portion of it is not needed to pay the set prizes awarded in the current draw.

History

History: Effective January 31, 2010; amended effective December 1, 2010; October 19, 2013.

N.D. Admin. Code 10-16-08-04 Megaplier option

Repealed effective April 5, 2025.

N.D. Admin. Code 10-16-08-05 Random multiplier, frequency and odds

1.A randomly determined multiplier must be applied to all prize levels except the grand prize.

2.The multiplier must be printed directly on a ticket sold by a retailer or be applied on each Pick & Click online play. Multipliers may repeat due to frequency and limited multiplier levels.

a.Multi-draw tickets must receive the same multiplier for a play for the duration of the draws purchased from a retailer.

b.A series of plays in a Pick & Click iLottery play will receive the same multiplier for a play for the duration of the draws purchased.

3.The multiplier frequency and odds are as follows:

MultiplierFrequencyOdds 10X132.00 5X216.00 4X48.00 3X103.20 2X152.13 Field of:32*3.00** *Total of frequencies. **Average multiplier value.

History

History: Effective April 5, 2025; amended effective July 29, 2025; September 28, 2025; January 1, 2026.

Chapter 10-16-09 North Dakota Lottery Players Club Points for Prizes

N.D. Admin. Code 10-16-09-01 General

1.The North Dakota Lottery and its designated agents Scientific Games, LLC, and MDI Entertainment, LLC, a subsidiary of Scientific Games, LLC, shall operate the Points for Prizes® program.

2.Points for Prizes program is a rewards program that is part of the North Dakota Lottery's North Dakota Lottery Players Club®. Players may earn points by becoming registered members of the program and submitting valid tickets at club.lottery.nd.gov. Players may redeem their points for items at the Points for Prizes store on the North Dakota Lottery Players Club website.

3.The Points for Prizes program is void where prohibited by law.

4.The North Dakota Lottery reserves the right to change Points for Prizes in any way and at any time or to terminate Points for Prizes entirely upon reasonable and appropriate public notice.

5.By submitting a ticket to earn Points for Prizes points, an entrant agrees to and is bound by the Points for Prizes rules, the North Dakota Lottery Players Club terms of service, all other applicable North Dakota Lottery rules and laws, and the laws of the state of North Dakota.

6.The North Dakota Lottery may use, without limitation, an entrant's name, hometown, likeness, and/or voice in any promotions, research, marketing, publications, or other advertising media including, but not limited to, North Dakota Lottery websites, without compensation or additional release.

7.An individual player's data, including point balance, point earnings, and use of points for Points for Prizes merchandise, promotions, and drawings is confidential except for purposes outlined in the chapter, unless otherwise released by the player. Aggregated point data of multiple players may be disclosed. Player names and addresses are confidential except as authorized in this chapter.

8.The North Dakota Lottery reserves the right to use the names, addresses, and telephone numbers of all entrants for research and marketing purposes.

History

History: Effective July 6, 2014; amended effective October 4, 2015; May 14, 2018; July 1, 2025;

N.D. Admin. Code 10-16-09-02 Eligibility for points

1.A terminal ticket or player-activated terminal ticket eligible for points is any ticket that includes a twenty-one digit serial number on the ticket.

2.Any online play purchase must automatically receive points after confirmation of purchase. No entry code is generated nor is entry of any code required. Players will receive notification of points earned for an online play purchase.

3.Exchange tickets are not eligible for entry for points. Entry for points is limited to the original ticket only.

4.North Dakota Lottery Players Club members must be at least eighteen years old and have a valid United States address in order to register as a member of the North Dakota Lottery Players Club and participate in Points for Prizes.

5.Players are limited to earn up to one thousand two hundred fifty points per week as part of the North Dakota Lottery's North Dakota Lottery Players Club. A week is defined as Sunday at midnight until the following Saturday at 11:59:59 p.m. central time. The North Dakota Lottery reserves the right to change, without notice, the limit on the amount of points that can be earned weekly.

6.The North Dakota Lottery reserves the right to discontinue eligibility for any game.

7.Entries for Points for Prizes may automatically receive entry into other promotions.

8.Once the one thousand two hundred fifty point-per-week maximum is reached, players still are eligible to enter tickets for second chance drawings or any additional ticket entry eligible promotion. These tickets may not earn points.

History

History: Effective July 6, 2014; amended effective May 14, 2018; July 29, 2025; September 28, 2025;

N.D. Admin. Code 10-16-09-03 Registration

1.To access Points for Prizes, a player first shall register to become a North Dakota Lottery Players Club member and establish a North Dakota Lottery Players Club account at club.lottery.nd.gov.

2.Once registered, a player is able to log in to submit entries or participate in other North Dakota Lottery Players Club programs that may be provided from time to time. Members may earn additional points or prizes by reaching parameters as set within the achievement reward program.

3.Registration to be a member of the North Dakota Lottery Players Club requires the player to provide the player's birth date, email address, password, last four digits of social security number, and contact information.

4.Failure to fully provide required information must cause a player's request to register to be rejected.

5.The North Dakota Lottery, Scientific Games , LLC, and MDI Entertainment, LLC, assume no responsibility for incorrect information provided by a player on the registration form. After completing registration, a player is responsible for updating account information as needed by logging in and going to the player's account page.

6.A player may not have more than one account. A player is not permitted to create additional accounts in the event that the player's email or other relevant information changes. The player may log in with the player's existing account credentials and make any desired changes at any time.

History

History: Effective July 6, 2014; amended effective May 14, 2018; July 29, 2025; September 28, 2025;

N.D. Admin. Code 10-16-09-04 Points for Prizes® points

1.Players earn Points for Prizes® for eligible online play purchases (after purchase confirmation) or for terminal tickets or player-activated terminal tickets entered through the North Dakota Lottery Players Club® at club.lottery.nd.gov.

2.Points are nonmonetary numerical values assigned to eligible tickets.

3.Points for Prizes® provide points for each eligible ticket or online play purchase. Cash shall not be awarded in lieu of points awarded or rewards items.

4.Each eligible ticket or online play purchase has a point value based on a range of values assigned by the North Dakota Lottery. The North Dakota Lottery reserves the right to change the point value assigned.

5.The point value, associated with each valid ticket or online play purchase, will be revealed to the player and applied to their account at club.lottery.nd.gov upon successful submission of each eligible ticket or after purchase confirmation of an online play.

6.Points are not transferable. Point balances from more than one account may not be combined.

7.Points shall be valid for use only within the North Dakota Lottery's Points for Prizes® program or Points for Drawings™ program.

8.The North Dakota Lottery may credit a player's account at its sole discretion.

9.Points may expire. The North Dakota Lottery reserves the right to establish, modify, or delete a rule regarding the expiration of points at its own discretion at any time.

N.D. Admin. Code 10-16-09-05 Submitting tickets

1.To submit a ticket, a player must first log in to the club.lottery.nd.gov using their unique North Dakota Lottery Players Club® account information.

a.Once logged in, a player submits an entry according to the instructions on the "Ticket Entry" (Rewards) page of the website. Required entry information for a terminal ticket or player-activated terminal ticket is the twenty-five digit alphanumeric draw game code printed on the ticket. Players that purchase an online play will receive notification of points received for their purchase.

b.To prevent fraudulent submissions, after ten consecutive attempts to submit tickets that are not recognized as eligible tickets, a player will be unable to submit tickets for twenty-four hours.

c.Unless a player has a need to retain their ticket (example: remaining draws or prize claim for winning ticket), players are encouraged to properly dispose of the ticket after submission.

2.A list of previously submitted tickets is available within a player's account and can be found within the "My History" page.

3.An eligible ticket may be submitted one time only. The system will reject a ticket that has been previously submitted.

N.D. Admin. Code 10-16-09-06 Points for Prizes store

1.Points may be redeemed for items listed at on the North Dakota Lottery Players Club website in the Points for Prizes store. Points also may be used to purchase Points for Drawings™ entries.

2.Points required for redemptions vary. The number of points required to be redeemed for a particular item must be determined by the North Dakota Lottery and be posted on the North Dakota Lottery Players Club website. The North Dakota Lottery, in its sole discretion, may change the points required for redemption of an item at any time.

3.The North Dakota Lottery may, in its sole discretion, discontinue offering an item at any time.

4.If an item is not readily available for any reason, the North Dakota Lottery reserves the right, in its sole discretion, to substitute another item of similar value, or credit a player's account at its sole discretion.

5.Prizes are nontransferable and nonrefundable unless otherwise authorized by the North Dakota Lottery.

6.The awarding of all prizes is subject to eligibility verification.

History

History: Effective July 6, 2014; amended effective July 1, 2025; January 1, 2026.

N.D. Admin. Code 10-16-09-07 Item selection

1.A player may use some or all points for items offered in the Points for Prizes® store.

2.A player must first log in to their North Dakota Lottery Players Club® account at club.lottery.nd.gov.

3.To redeem points, a player must select the item or items, designate the quantity of each item requested, and select the appropriate button to submit the order.

4.It is the responsibility of the player to ensure that the appropriate item and quantity are selected.

5.Once the order has been submitted, points will be deducted from the player's North Dakota Lottery Players Club® account.

6.Orders cannot be changed, canceled, or returned once placed.

N.D. Admin. Code 10-16-09-08 Additional conditions

1.The North Dakota Lottery does not warrant or guarantee product quality or availability of products.

2.The North Dakota Lottery is not responsible for any prizes lost, damaged, or stolen during shipment, pickup, or use.

3.The North Dakota Lottery is not responsible for any damages, injury, or loss of life resulting from any item awarded.

4.Players are responsible for any applicable taxes.

5.Players are solely responsible for maintaining and keeping account information current or accurate. The North Dakota Lottery assumes no responsibility or liability whatsoever for technical or computer malfunctions or for the player's failure to keep account information current.

6.By participating in the North Dakota Lottery Players Club, each player and the player's heirs, legal representatives, and assignees agree to indemnify, defend, release, and discharge the North Dakota Lottery, Scientific Games, LLC, MDI Entertainment LLC, the state of North Dakota, their employees, officers, and directors, from and against any loss, claim, damage, suit, or injury arising out of or relating to the North Dakota Lottery Players Club products or any action taken pursuant to these rules.

7.No one under eighteen years of age and no one otherwise prohibited by North Dakota Century Code section 53-12.1-08 from playing North Dakota Lottery games is eligible to participate in the Points for Prizes program.

History

History: Effective July 6, 2014; amended effective May 14, 2018; January 1, 2026.

Chapter 10-16-10 North Dakota Lottery Players Club Points for Drawings

N.D. Admin. Code 10-16-10-01 General

1.The North Dakota Lottery and its designated agents Scientific Games , LLC, and MDI Entertainment, LLC, a subsidiary of Scientific Games, LLC, shall operate the Points for Drawings® program.

2.Points for Drawings is part of the Points for Prizes® program that is part of the North Dakota Lottery's North Dakota Lottery Players Club®. Players may enter drawings by using some or all points received from submission of eligible tickets or online play purchases at club.lottery.nd.gov. Members can earn additional points or prizes by reaching parameters as set within the achievement reward program.

3.Drawing entries may be submitted on the North Dakota Lottery Players Club website.

4.The Points for Drawings program is void where prohibited by law.

5.The North Dakota Lottery reserves the right to change Points for Drawings in any way and at any time or to terminate Points for Drawings entirely upon reasonable and appropriate public notice.

6.By submitting an entry into Points for Drawings, an entrant agrees to and is bound by the Points for Drawings rules, the Points for Prizes rules, the North Dakota Lottery Players Club terms of use, all other applicable North Dakota Lottery rules and laws, and the laws of the state of North Dakota.

7.North Dakota Lottery may use, without limitation, an entrant's name, hometown, likeness, or voice in any promotions, research, marketing, publications, or other advertising media including, but not limited to, North Dakota Lottery websites, without compensation or additional release.

8.An individual player's data, including point balance, point earnings, and use of points for Points for Drawings promotions, and drawings is confidential except for purposes outlined in the chapter, unless otherwise released by the player. Aggregated point data of multiple players may be disclosed. Player names and addresses are confidential except as authorized in this

chapter.

9.The North Dakota Lottery reserves the right to use the names, addresses, and telephone numbers of all entrants for research and marketing purposes.

July 29, 2025; September 28, 2025; January 1, 2026.

History

History: Effective July 6, 2014; amended effective October 4, 2016; May 14, 2018; July 1, 2025;

N.D. Admin. Code 10-16-10-02 Eligibility

1.Only points accumulated within the player's North Dakota Lottery Players Club account may be used to enter any Points for Drawings drawing.

2.Entrants must have a valid United States address in order to register and participate.

History

History: Effective July 6, 2014; amended effective May 14, 2018; January 1, 2026.

N.D. Admin. Code 10-16-10-03 Submitting entries into Points for Drawings

1.A detailed description of each Points for Drawings™ drawing will be located on the North Dakota Lottery's North Dakota Lottery Players Club® website and will include a description of the prize, entry dates, drawing date, rules and regulations, and the number of points necessary for entry into the drawing.

2.The number of points needed for entry into each Points for Drawings™ drawing may vary by drawing.

3.To submit an entry, a player must first log in to club.lottery.nd.gov using their North Dakota Lottery Players Club® account information.

4.Following login, players may submit entries by visiting the Points for Prizes® store and select the desired Points for Drawings™ drawing. Players enter the number of entries desired, select "Update Quantity" followed by "Submit Entries".

5.It is the responsibility of the player to ensure that the appropriate Points for Drawings™ drawing and number of entries are selected.

6.Once the selected number of entries has been submitted, points from the player's North Dakota Lottery Player's Club® Points for Prizes® account will be deducted.

7.Unless otherwise specified in the rules and regulations for a specific Points for Drawings™, entries are created only for the drawing for which points were used by the player. Drawing entries are eligible for one Points for Drawings™ drawing only.

8.A player may submit as many entries as allowed by their North Dakota Players Club® account balance, but the player may only win once per Points for Drawings™ drawing.

9.Once an entry into the Points for Drawings™ drawing is submitted, it cannot be changed, canceled, or returned. Once an entry is submitted, points will not be refunded.

10.Entries submitted after the Points for Drawings™ drawing deadline for a given drawing will not be accepted.

History

History: Effective July 6, 2014; amended effective May 14, 2018.

N.D. Admin. Code 10-16-10-04 Additional conditions

1.The North Dakota Lottery does not warrant or guarantee product quality or availability of products.

2.The North Dakota Lottery is not responsible for any prizes lost, damaged, or stolen during shipment, pickup, or use.

3.The North Dakota Lottery is not responsible for any damages, injury, or loss of life resulting from any item awarded.

4.The North Dakota Lottery is not responsible for the electronic misdelivery, late delivery, or failure to receive entry information entered electronically, risk of loss remains with the entrant regardless of the cause of the transmission failure.

5.If required, a player must receive a W-2G form for prizes, either cash or merchandise.

6.The prize winner is responsible for all applicable state and federal taxes.

7.Winners' cash prizes are subject to debt setoff of certain governmental debts. Unless otherwise noted on the North Dakota Lottery Players Club website, if a winner fails to satisfy an outstanding debt within thirty days of notification of the debt, the North Dakota Lottery may, at its sole discretion, disqualify the winner, and the next alternate shall become the winner.

8.Players are solely responsible for maintaining and keeping account information current and accurate. The North Dakota Lottery assumes no responsibility or liability whatsoever for technical or computer malfunctions or for the player's failure to keep account information current.

9.By accepting the prize, each winner, their heirs, legal representatives, and assignees agree to indemnify and hold harmless, defend, release, and discharge the North Dakota Lottery, Scientific Games, LLC, MDI Entertainment LLC, the state of North Dakota, their employees, officers, and directors, from and against any loss, claim, damage, suit, or injury arising out of or relating to the acceptance of the prize.

10.The North Dakota Lottery is not responsible for any rules, regulations, or restrictions imposed by its promotional partners. The North Dakota Lottery is not responsible for and has no obligation regarding the condition, quality, defects, or other attributes of the prizes awarded during a promotion and expressly disclaims all warranties, expressed or implied, including, but not limited to, all implied warranties of merchantability and fitness for particular purpose.

11.The North Dakota Lottery reserves the right, in its sole discretion, to modify, suspend, postpone, or cancel, with or without notice, any portion of this promotion at any time and for any reason, including the award of any prize with the approval of the North Dakota Lottery's director or the director's designee.

12.In the event that interpretation of these rules is necessary, the decision of the North Dakota Lottery's director or designee, after legal consultation with the assistant attorney general, if necessary, is final.

13.No one under eighteen years of age and no one otherwise prohibited by North Dakota Century Code section 53-12.1-08 from playing North Dakota Lottery games are eligible to participate in this promotion or win any prize.

14.A Points for Drawings winner's name, city, and state of residence must be released to the public. Subdivision d of subsection 1 of North Dakota Century Code section 53-12.1-11 does not apply to cash, merchandise, an iLottery play, or ticket that the North Dakota Lottery awards as a prize in a promotion.

History

History: Effective July 6, 2014; amended effective May 14, 2018; July 1, 2025; January 1, 2026.

Chapter 10-16-11 LUCKY FOR LIFE Game [Repealed]

N.D. Admin. Code 10-16-11 LUCKY FOR LIFE Game [Repealed]

CHAPTER 10-16-11

LUCKY FOR LIFE GAME [Repealed effective February 22, 2026]

Chapter 10-16-12 Lotto America Game

N.D. Admin. Code 10-16-12-01 Game description

To play LOTTO AMERICA®, a player selects five different red/white numbers, between one and fifty-two, and one additional blue/white number (star ball) between one and ten. The additional number may be the same as one of the first five numbers selected. The price of a play is one dollar. A grand prize is paid, at the election of a winning player or by a default election made according to these rules, either on an annuitized pari-mutuel basis or as a cash lump sum payment of the total cash held for the prize pool on a pari-mutuel basis. A set prize (cash prize of twenty thousand dollars or less) is paid on a single-payment cash basis. Draws are held every Monday, Wednesday, and Saturday.

History

History: Effective November 12, 2017; amended effective July 1, 2019; July 18, 2022.

N.D. Admin. Code 10-16-12-02 Expected prize pool percentages and odds

Matches Per PlayPrize Prize Percentage Allocated to PrizeOdds* 5 red/white + 1 blue/whiteGrand prize23.10%1:25,989,600 5 red/white + 0 blue/white$20,0000.69%1:2,887,733 4 red/white + 1 blue/white$1,0000.90%1:110,594 4 red/white + 0 blue/white$1000.81%1:12,288 3 red/white + 1 blue/white$200.83%1:2,404 3 red/white + 0 blue/white$51.87%1:267 2 red/white + 1 blue/white$53.12%1:160 1 red/white + 1 blue/white$26.86%1:29 0 red/white + 1 blue/white$211.80%1:17 Overall odds of winning a prize on a one dollar play are 1:9.63. *Reflects the odds of winning and probable distribution of winning tickets in and among each prize tier, based on the total number of possible combinations.

History

History: Effective November 12, 2017; amended effective April 9, 2020.
Law Implemented: NDCC 53-12.1-12

N.D. Admin. Code 10-16-12-03 Prize pool and payment

1.The prize pool for all prize categories must consist of fifty percent of each draw period's sales after the prize pool accounts and prize reserve accounts are funded.

Otherwise, the payment election is final. Shares of the grand prize must be determined by dividing the cash available in the grand prize pool equally among all winning plays of the grand prize. A player who elects a cash payment must be paid the share in a single cash payment. A player who elects an annuitized prize must be paid annually in thirty graduated payments with the initial payment being made in cash, followed by twenty-nine payments, increasing each year, by a rate determined by the game group funded by the annuity. Annual payments after the initial payment must be made by the lottery on the anniversary date or if this date falls on a nonbusiness day, then the first business day following the anniversary date of the draw of the grand prize winning numbers.

5.The lottery may not pay a grand or set cash prize until after it receives authorization from the MUSL. The lottery may pay the prize before it receives the funds from the MUSL.

6.The prize pool percentage allocated to set prizes must be carried forward to a subsequent draw if all or a portion of it is not needed to pay the set prizes awarded in the current draw.

History

History: Effective November 12, 2017.

N.D. Admin. Code 10-16-12-04 All Star Bonus option

1.The All Star Bonus® option is a limited extension of the LOTTO AMERICA game and is conducted according to the game group's game rules. The option offers the owner of a qualifying play a chance to multiply or increase the amount of a set prize.

2.A qualifying play is a single LOTTO AMERICA play for which the player pays an extra one dollar for the All Star Bonus option. All Star Bonus does not apply to the grand prize.

3.A qualifying play which wins one of the eight lowest set prizes must be multiplied by the number selected, two through five, in a separate random All Star Bonus drawing.

4.A prize awarded must be paid as a lump sum set prize. Instead of the normal set prize amount, a qualifying All Star Bonus must pay the amounts shown below when matched with the All Star Bonus number drawn:

LOTTO AMERICA Pays Instead Matches Per Play Set Prize Amount Prize Amounts With All Star Bonus Purchase 5X4X3X2X 5 red/white + 0 blue/white$20,000$100,000$80,000$60,000$40,000 4 red/white + 1 blue/white$1,000$5,000$4,000$3,000$2,000 4 red/white + 0 blue/white$100$500$400$300$200 3 red/white + 1 blue/white$20$100$80$60$40 3 red/white + 0 blue/white$5$25$20$15$10 2 red/white + 1 blue/white$5$25$20$15$10 1 red/white + 1 blue/white$2$10$8$6$4 0 red/white + 1 blue/white$2$10$8$6$4 Rarely, under the game group's limitation of liability rules, a set prize amount may be less than the amount shown. In that case, the eight lowest All Star Bonus prizes are changed to an amount announced after the draw. For example, if the match 4+1 set prize amount of one thousand dollars becomes five hundred dollars under the game group's rules, an All Star Bonus player winning that prize amount when a "5" has been drawn shall win two thousand five hundred dollars ($500 x 5).

5.The following table reflects the probability of the All Star Bonus numbers being drawn:

All Star Bonus Probability of Prize Increase 5X - Prize won times 53 in 32 4X - Prize won times 44 in 32 3X - Prize won times 310 in 32 2X - Prize won times 215 in 32 All Star Bonus does not apply to the grand prize. The game group may elect to run limited promotions that may modify the multiplier features.

History

History: Effective November 12, 2017; amended effective July 1, 2019; January 1, 2026.

Chapter 10-16-13 MILLIONAIRE FOR LIFE Game

N.D. Admin. Code 10-16-13-01 Game description

To play MILLIONAIRE FOR LIFE TM , a player selects five different numbers, between one and fiftyeight, and one additional number between one and five. The additional number may be the same as one of the first five numbers selected. The price of a play is five dollars. Draws are held every day of the week.

N.D. Admin. Code 10-16-13-02 Prizes and odds

The top prize is one million dollars a year for life. Except as provided by rule, a set prize must be paid according to these matches per play and prize amounts:

Matches Per PlayPrizeOdds 5 of 5 + 1$1,000,000/year for life1:22,910,580 5 of 5$100,000/year for life1:5,727,645 4 of 5 + 1$7,5001:86,455 4 of 5$5001:21,614 3 of 5 + 1$2501:1,663 3 of 5$501:416 2 of 5 + 1$251:98 2 of 5$81:24 1 of 5 + 1$81:16 Overall odds of winning a prize on a five dollar play are 1:8.47. *Prize amounts may be split if there are multiple winners, in accordance with the provisions established in these rules. Split prizes may be lower than the published prize amounts.

N.D. Admin. Code 10-16-13-03 Prize pool and payment

1.The prize pool for all prize categories consists of approximately fifty-five percent of each draw period's sales.

2.All annuitized payments must be made for a minimum of twenty years.

3.All low-tier set prizes, except the top prize and second prize, must be paid in a single lump sum cash payment.

N.D. Admin. Code 10-16-13-04 Prize liability limits. (Effective through August 31, 2026)

There are nine prize levels in the game.

1.Except as provided in these rules, the top prize must be paid as an annuity or lump sum cash and based on a top prize liability that will be split equally among the number of winning game plays. A top prize winner may request the cash option. Notice of the amount of and changes to the cash option must be posted on the game's website. Under certain circumstances, as detailed below, the top prize is required to be paid in a single lump sum cash payment and no annuitized payment option is available.

a.If there is one top prize winner, the annuitized prize value is one million dollars a year for life. As an alternative to the annuitized payment option, the top prize winner may request the top prize cash option of eighteen million dollars.

b.If there are between two and twenty top prize winners, the annuitized prize option, based on an annuitized prize value of one million dollars a year for life, must be divided by the total number of top prize winners. Any of these two to twenty-one top prize winners may choose the cash option as an alternative to the annuitized payment option. The amount of the cash option for this category is the amount of the top prize cash option divided by the total number of top prize winners.

c.If there are twenty-one or more top prize winners, the top prize liability must be split equally among all top winners and paid in a single lump sum cash payment without an annuitized payment option.

d.The winner or winners of the top prize who do not request the cash option must be paid their appropriate top prize share on an annual basis for a minimum period of twenty years. The first top prize payment must be made when the prize is claimed at the lottery's office.

e.For a single wager, the measuring life of a top prize winner used to determine the duration over which the top prize is paid, must be the natural life of the individual determined by the lottery to be the top prize winner. If the top prize under a single wager is being claimed by more than one individual or by a trust, the measuring life for that top prize winner must be twenty years.

f.If paid in a single lump sum cash payment, top prize amounts must be rounded to the nearest whole dollar.

2.Except as provided in these rules, the second prize must be paid as an annuity or lump sum cash and based on a second prize liability that will be split equally among the number of winning game plays. A second prize winner may request the cash option. Notice of the amount of and changes to the cash option must be posted on the game's website. Under certain circumstances, as detailed below, the second prize is required to be paid in a single lump sum cash payment and no annuitized payment option is available.

a.If there are between one and twenty second prize winners, the annuitized prize value is one hundred thousand dollars per year for life. Any of these one to twenty second prize winners may choose the second prize cash option as an alternative to the annuitized payment option. The amount of the cash option is two million two hundred thousand dollars.

b.If there are twenty-one or more second prize winners, the second prize liability is capped at an amount determined by the selling lotteries and may be split equally among all second prize winners, and paid in a single lump sum cash payment without an annuitized payment option. The minimum prize value for this category may not be less than the lowest tier prize paid in that respective drawing.

c.The winner or winners of the second prize who do not request the cash option must be paid their appropriate second prize share on an annual basis for a minimum period of twenty years. The initial second prize payment must be made when the prize is claimed at the lottery's office; subsequent second prize payments must be made annually thereafter.

d.For a single wager, the measuring life of a second prize winner used to determine the duration over which the second prize is paid, must be the natural life of the individual determined by the lottery to be the second prize winner. If the second prize under a single wager is being claimed by more than one individual or by a trust, the measuring life for that second prize winner is twenty years.

e.If paid in a single lump sum cash payment, second prize amounts must be rounded to the nearest whole dollar.

3.Except as provided in these rules, the third through ninth prize winner must be paid as a set prize. Third through ninth prizes must be rounded to the nearest whole dollar and paid in a single lump sum cash payment in accordance with the information below.

a.Third prize - $7,500

b.Fourth prize - $500

c.Fifth prize - $250

d.Sixth prize - $50

e.Seventh prize - $25

f.Eighth prize - $8

g.Ninth prize - $8 Prize liability limits. (Effective after August 31, 2026)

There are nine prize levels in the game.

c.Twenty-one or more top prize winners. If there are twenty-one or more top prize winners, the top prize liability must be split equally among all top winners and paid in a single lump sum cash payment without an annuitized payment option.

e.Measuring life. For a single wager, the measuring life of a top prize winner used to determine the duration over which the top prize is paid, must be the natural life of the individual determined by the lottery to be the top prize winner. If the top prize under a single wager is being claimed by more than one individual or by a trust, the measuring life for that top prize winner must be twenty years.

f.If paid in a single lump sum cash payment, top prize amounts must be rounded to the nearest whole dollar.

a.If there are between one and seven second prize winners, the annuitized prize value is one hundred thousand dollars per year for life. Any of these one to seventh prize winners may choose the second prize cash option as an alternative to the annuitized payment option. The amount of the cash option is two million two hundred thousand dollars.

b.If there are eight or more second prize winners, the second prize liability is capped at fifteen million dollars and may be split equally among all second prize winners, and paid in a single lump sum cash payment without an annuitized payment option. The minimum prize value for this category may not be less than the lowest tier prize paid in that respective drawing.

e.If paid in a single lump sum cash payment, second prize amounts must be rounded to the nearest whole dollar.

a.Third prize - $7,500

b.Fourth prize - $500

c.Fifth prize - $250

d.Sixth prize - $50

e.Seventh prize - $25

f.Eighth prize - $8

g.Ninth prize - $8

History

History: Effective February 22, 2026; amended effective July 1, 2026.

Article 10-17 State Crime Laboratory

Chapter 10-17-01 DNA Analysis

N.D. Admin. Code 10-17-01-01 Scope

This article is applicable to all qualifying offenders pursuant to North Dakota Century Code chapter 31-13.

History

History: Effective May 1, 2004.

N.D. Admin. Code 10-17-01-02 Definitions

The following terms are defined as follows for purposes of this chapter, unless otherwise made appropriate by use and context.

1."Buccal swab" means a sample from the inside of the mouth taken by scraping the cheek. The sample includes saliva.

2."Designated agency" means the entity responsible for the collection of DNA samples.

3."Division" means the state crime laboratory division of the office of the attorney general.

4."DNA identification index" means the division's DNA identification record system and the federal bureau of investigation's combined DNA index system, established under North Dakota Century Code section 31-13-05.

5."DNA record" means DNA identification information stored in the state DNA data base and the federal bureau of investigation's combined DNA index system for purposes of generating investigative leads, establishing identification in connection with law enforcement investigations, and supporting statistical interpretation of the results of DNA analysis. The DNA record is considered the objective form of the results of analysis, such as numerical representation of DNA fragment lengths, and discrete allele assignments.

6."DNA testing" means DNA analysis of samples collected from the human body, crime scenes, medical examinations, unidentified human remains, and qualified offenders for the purposes of identification.

7."Kit" means the sample collection kit provided by the division.

8."Marker" means a method of describing individuals by the genetic loci recognized for the participation in the combined DNA index system.

9."Other body fluids" means a sample of fluid containing human cells, including saliva, in which markers can be profiled from a qualifying offender.

10."Qualified medical personnel" means any person trained in sampling techniques and approved by the division to collect DNA samples.

11."Qualifying offender" means a person eighteen years of age or over arrested for a felony offense; a person required to register under North Dakota Century Code section 12.1-32-15; or a person convicted of an offense described in North Dakota Century Code section 31-13-03.

12."Registering agency" means a law enforcement agency where a qualifying individual is required to register under North Dakota Century Code section 12.1-32-15.

13."Sample" includes a vial of blood and other body fluids collected from a qualifying offender.

14."Sampling techniques" includes venipuncture and buccal swab and other recognized medical techniques.

15."Venipuncture" means a puncture of a vein as for drawing blood.

N.D. Admin. Code 10-17-01-03 Responsibility for collection of DNA

1.The following agencies are designated agencies for the collection of DNA samples from qualifying offenders:

a.If the qualifying offender has not previously had a sample collected for inclusion in the law enforcement DNA database, the law enforcement agency in the county where the qualifying offender has been arrested or the correctional facility where the qualifying offender has been booked for the commission of a felony offense shall collect the DNA sample.

b.If the qualifying offender has not previously had a sample collected for inclusion in the law enforcement DNA database and is serving a term of incarceration in a correctional facility subject to North Dakota Century Code chapter 12-44.1, the correctional facility shall collect the DNA sample prior to release of the offender.

c.If the qualifying offender has not previously had a sample collected for inclusion in the law enforcement DNA database and is in the custody of the department of corrections and rehabilitation, the department of corrections and rehabilitation shall collect the DNA sample.

d.If the qualifying offender has not previously had a sample collected for inclusion in the law enforcement DNA database and is subject to probation under the supervision and management of the department of corrections and rehabilitation, the department of corrections and rehabilitation shall collect the DNA sample from the offender prior to expiration of the offender's probation.

e.If the qualifying offender has not previously had a sample collected for inclusion in the law enforcement DNA database and is required to register under North Dakota Century Code section 12.1-32-15, the registering agency in the county where the qualified offender is registered shall collect the DNA sample.

2.At the time of arrest or booking, registration under North Dakota Century Code section 12.1-32-15, or sentencing, if no order has been issued requiring the qualifying offender to provide a sample and the qualified offender refuses to provide a sample, the designated agency may ask the state's attorney of the county of arrest, registration under North Dakota Century Code section 12.1-32-15, or conviction, or the county in which the offender is located, to request the court to issue an order requiring the qualifying offender to submit a DNA sample for inclusion in the law enforcement DNA database. The court may require the qualifying offender to pay costs.

3.If the qualifying offender voluntarily consents to provide the sample, no court order is necessary.

History

Law Implemented: NDCC 12.1-32-15, 31-13-03

N.D. Admin. Code 10-17-01-04 Procedures for collection of samples

1.The division shall provide kits to the designated agencies as needed. Each kit must include a receipt form, an instruction sheet, and containers for sample collections.

2.The collection site shall be any location chosen by the designated agency for sample collection.

3.The qualifying offender must be identified by the designated agency by one or more of the following: a driver's license, fingerprints, identification by law enforcement that has the qualifying offender in custody, or any other reasonable means within the designated agency's discretion before the samples are collected.

4.The samples must be collected by a qualified individual approved by the division.

5.The receipt form must be completed by the designated agency at the time of sample collection.

6.The completed kit must be delivered or sent to the division address indicated in the kit instructions.

7.All costs associated with the collection of the sample must be assessed to the qualifying offender as provided in North Dakota Century Code section 31-13-03.

History

Law Implemented: NDCC 31-13-04

N.D. Admin. Code 10-17-01-05 Procedures for analysis of samples

The division shall perform DNA analysis in accordance with the quality assurance standards established by the federal bureau of investigation.

History

Law Implemented: NDCC 31-13-05

N.D. Admin. Code 10-17-01-06 Procedures for classification of samples

The division shall classify samples in accordance with the quality assurance standards established by the federal bureau of investigation for inclusion of DNA records in the combined DNA index system.

History

Law Implemented: NDCC 31-13-05

N.D. Admin. Code 10-17-01-07 Procedures for database system usage and integrity

1.Except as provided in subsection 2, the results of the genetic marker profile may be disclosed only to:

a.Criminal justice agencies for law enforcement official purposes;

b.A defendant for criminal defense purposes in response to valid subpoenas or other court orders;

c.Any person who is the subject of a record;

d.A public official or the official's authorized agent who requires that information in connection with the discharge of the official's duties; or

e.Any other person required by law.

2.In addition, the division may use test results for system integrity and quality control, including assisting in a population statistics database and for other research purposes if personally identifying information is removed.

3.The DNA identification index may include the analysis of DNA samples recovered from crime scenes, medical examinations, unidentified human remains, and qualified offenders. For the

purpose of missing persons, the DNA identification index may include DNA records of close biological relatives of a missing person.

4.If a court with proper jurisdiction has ordered an expungement and no other grounds exist for sample collection, the record of the sample will be removed from the database and all samples from the person will be destroyed.

History

General Authority: NDCC 31-13-06, 31-13-07, 31-13-09

N.D. Admin. Code 10-17-01-08 Procedures for contracting with another laboratory for analysis and classification of samples

1.The division shall follow state procurement procedures when contracting for analysis of samples.

2.The division shall contract with laboratories that hold a current accreditation from the association of crime laboratory directors laboratory accreditation board.

3.The cost of the procedure must be assessed to the qualifying offender as designated in North Dakota Century Code chapter 31-13.

History

History: Effective May 1, 2004.
General Authority: NDCC 31-13-03, 31-13-08

Chapter 10-18-01 Criminal Justice Data Information System

N.D. Admin. Code 10-18-01-01 Definitions

As used in this article, unless the context otherwise requires:

1."Access" means authorized access to the criminal justice information sharing system, including entry, collection, review, acquisition, and use of criminal justice data information.

2."Advisory board" means the criminal justice information sharing advisory board.

3."Agency" includes a criminal justice agency in the state of North Dakota as defined in North Dakota Century Code subsection 6 of section 12-60-16.1.

4."Applicant" means any agency or individual that applies for access to the criminal justice information sharing system.

5."Authorized agency" means an agency the attorney general has authorized to have access to the criminal justice information sharing system.

6."Authorized user" means an individual the attorney general has authorized to have access to the criminal justice information sharing system.

7."Biometric data" includes fingerprints, palm prints, voice prints, retinal or iris images, facial recognition, and DNA profiles.

8."Chief officer" means the designee of the attorney general responsible for the management and operation of the criminal justice data information sharing system.

9."Court" means the North Dakota supreme court, district courts, and municipal courts in the North Dakota judicial system.

10."Criminal history record information" includes information collected from agencies on individuals and includes biometric data and identifiable descriptions and notations of: arrests; detentions; complaints, indictments or informations, or other criminal charges; dispositions of criminal charges, including sentencing, correctional supervision, release from custody, and events required to be reported under North Dakota Century Code section 12-60-16.2.

11."Criminal justice data information" includes correctional facility booking records, concealed weapons license information, DNA information, North Dakota highway patrol citations, North Dakota game and fish hunting and fishing license information, watercraft license information, central warrants information system information, sex offender and felony crimes against children registration information, criminal history record information, domestic violence protection orders, disorderly conduct restraining orders, parole and probation information, and motor vehicle and driver's license records and information.

12."Criminal justice data information sharing system" means the data information system authorized in North Dakota Century Code section 54-12-34 and includes dissemination to authorized agencies and users of correctional facility booking records, concealed weapons license information, DNA information, North Dakota highway patrol citations, North Dakota game and fish hunting and fishing license information, watercraft license information, central warrants information system information, sex offender and felony crimes against children registration information, criminal history record information, domestic violence protection orders, disorderly conduct restraining orders, parole and probation information, and motor vehicle and driver's license records and information.

13."NCIC" means the federal bureau of investigation national crime information center.

14."ORI" means the originating agency identifier assigned by the federal bureau of investigation.

N.D. Admin. Code 10-18-01-02 Organization and operation of the criminal justice information advisory board

1.The criminal justice information sharing advisory board consists of: the chief justice of the North Dakota supreme court or designee, the director of the department of emergency services or designee, the director of the department of corrections and rehabilitation or designee, the superintendent of the highway patrol or designee, the chief of the bureau of criminal investigation, the chief information officer of the state or designee, the director of the department of transportation or designee, a representative of a city police department, a representative of a county sheriff's office, a state's attorney, a city government representative, and a county government representative. The chief of the bureau of criminal investigation is the chairman of the advisory board.

2.The advisory board shall meet at least two times annually and for special meetings called by the chairman.

3.The attorney general shall advise and consult with the advisory board on access and security policies and procedures, eligibility for access, the collection, storage, and sharing of criminal justice and driver's license information, the systems necessary to perform these functions, and in the promulgation of administrative rules.

4.If the attorney general has denied, suspended, or revoked the access of an agency, applicant, or authorized user and the agency, applicant, or authorized user has submitted a written request for review in accordance with these rules, the advisory board shall review the request and make a recommendation to the attorney general to affirm, reverse, or modify the attorney general's decision.

N.D. Admin. Code 10-18-01-03 Criminal justice data information sharing access

1.For purposes of these rules, "attorney general" includes the chief officer of the criminal justice data information sharing system designated by the attorney general.

2.The attorney general may authorize an individual employed by an agency to access the criminal justice data information sharing system.

3.The attorney general may authorize an individual not employed by an agency as defined in this article to access the criminal justice data information sharing system if the individual meets the requirements of this article unless prohibited by federal law.

4.The agency and the individual shall sign a criminal justice data information sharing system agreement in a form prescribed by the attorney general.

5.Each agency is responsible for providing its own technology infrastructure and security procedures to assure there is no unauthorized access or dissemination of criminal justice data information.

6.The agency and the individual shall agree to comply with all requirements governing access and use of the criminal justice data information sharing system before access is authorized.

7.All individual applicants for access shall complete an application form prescribed by the attorney general and shall submit to a criminal history background investigation, including the submission of biometric data as defined in North Dakota Century Code subsection 1 of section 12-60-16.1.

8.Only agencies assigned an ORI by the federal bureau of investigation, and users employed by agencies assigned an ORI, or users authorized by the attorney general unless prohibited by federal law, may be authorized to have access to the criminal justice data information sharing system.

9.The attorney general shall review all applications for access and determine whether or not to authorize the applicant access.

N.D. Admin. Code 10-18-01-04 Security requirements

1.The criminal justice data information sharing system, including its system design and access requirements, is a critical infrastructure and part of a security system plan under North Dakota Century Code section 44-04-24.

2.Authorized individuals and authorized agencies shall keep access passwords and procedures secure and may not disclose access passwords and procedures to individuals or agencies that do not have access to the criminal justice information sharing system.

3.Unauthorized disclosure of any part of the criminal justice information sharing system may result in denial, suspension, or revocation of access to the authorized individual or an authorized agency.

4.Authorized individuals and agencies shall comply with the security requirements under 28 C.F.R. Part 20 and NCIC.

N.D. Admin. Code 10-18-01-05 Denial, suspension, or revocation of access

1.The attorney general may not grant an application for access:

a.If the individual applicant has pled guilty to, pled nolo contendere to, or has been found guilty of, a felony offense in any state court or federal court;

b.If the individual applicant has pled guilty to, pled nolo contendere to, or has been found guilty of, any offense in any state court or federal court involving domestic violence, identify theft, or fraud;

c.If the individual applicant has pled guilty to, pled nolo contendere to, or has been found guilty in a military court for a violation of the military code of justice resulting in a sentence of imprisonment, dishonorable or bad conduct discharge, or both; or

d.If the individual applicant or the individual applicant's employing agency has committed fraud, falsification, or material misrepresentation in the application for access.

2.The attorney general may deny an application for access if a complaint, indictment, or information has been filed against the individual applicant in any state or federal court charging the individual with a felony offense or an offense involving making false statements in a governmental matter or making a false statement in an official proceeding and the individual is under oath or equivalent affirmation, or charging the individual with an offense involving giving false information to a law enforcement officer.

3.If the individual applicant has pled guilty to, pled nolo contendere to, or has been found guilty of, a class A misdemeanor offense, or equivalent offense, in any state or federal court, the attorney general may grant access not less than five years from the date of conviction, release from incarceration, or expiration of parole or probation, whichever is the latest.

4.If the individual applicant has pled guilty to, pled nolo contendere to, or has been found guilty of, a class B misdemeanor offense, or equivalent offense, in any state or federal court, but excluding first-time offenses for issuing checks with insufficient funds or without an account and first-time criminal traffic offenses, the attorney general may grant access not less than two years from the date of conviction, release from incarceration, or expiration of parole or probation, whichever is the latest.

5.The attorney general may suspend or revoke an authorized user's access for a violation of this

article or for a violation of any part of the access agreement.

6.The attorney general may suspend or revoke an authorized user's access if the authorized user has been arrested or charged with a felony offense, an offense involving violence or domestic violence, or an offense involving fraud or identity theft.

7.The attorney general may suspend or revoke an authorized user's access if the authorized user has used access for noncriminal justice purposes or has disseminated or misused information obtained from the criminal justice information system for noncriminal justice purposes.

8.The attorney general may suspend or revoke an agency's access if the agency fails to report to the attorney general that an employee of the agency who is an authorized user has been charged with, pled guilty to, pled nolo contendere to, or has been found guilty of, a felony or misdemeanor criminal offense in any state or federal court, has committed a violation of this

article, or has violated any part of the access agreement.

9.An agency, applicant, or authorized user shall cooperate with the attorney general in the investigation of an application for access, a breach of any security requirements, or a violation of these rules or the access agreement.

10.The attorney general may reconsider a determination to deny, suspend, or revoke access to an agency, applicant, or authorized user.

N.D. Admin. Code 10-18-01-06 Notification and review of denial, suspension, or revocation of access

1.If the attorney general denies an application for access, or if the attorney general suspends or revokes access, the attorney general shall notify the agency, the applicant or authorized user, or both the agency and applicant or authorized user, in writing and shall state the reasons for denial, suspension, or revocation of access.

2.An agency, applicant, or authorized user whose access has been denied, suspended, or revoked may request review of the denial, suspension, or revocation within twenty days from the date the agency or individual has received notice of denial, suspension, or revocation of access.

3.The request for review must be in writing and mailed or delivered to the chief officer of the criminal justice information sharing system and set forth with particularity the basis of the request for review and must include any supporting documentation.

4.The advisory board shall conduct the review and any documentation submitted in support of the request for review and make a recommendation to the attorney general. The advisory board may request or allow the applicant, authorized user, or a representative of the agency to personally appear before the advisory board before it makes its recommendation to the attorney general. The determination and order of the attorney general is final and not subject to appeal or further review.

Chapter 10-02

N.D. Admin. Code 10-02

ARTICLE 10-02

DISCLOSURE OF FINANCIAL INTERESTS

Repealed as the result of S.L. 1981, ch. 241, §14

Chapter 10-03

N.D. Admin. Code 10-03

ARTICLE 10-03

DETECTIVES [Determined repealed by the office of the Legislative Council under North Dakota Century Code Section 28-32-06 because the authority for adopting the rules was transferred to another agency under 1989 S.L., ch. 533.]

Chapter 10-04

N.D. Admin. Code 10-04

ARTICLE 10-04

GAMES OF CHANCE [Superseded by Article 10-04.1]

Chapter 10-04.1

N.D. Admin. Code 10-04.1

ARTICLE 10-04.1

GAMES OF CHANCE [Repealed effective April 1, 1992]

Determined repealed by the office of the Legislative Council pursuant to subsection 3 of North Dakota Century Code section 28-32-03 because the authority for adoption of the rules was transferred to another agency by S.L. 1991, ch. 28, § 29.

Chapter 10-05

N.D. Admin. Code 10-05

ARTICLE 10-05

JAILS [Repealed effective April 1, 1994]

Chapter 10-06

N.D. Admin. Code 10-06

ARTICLE 10-06

NORTH DAKOTA PEACE OFFICER STANDARDS [Superseded by Title 109]

Chapter 10-07

N.D. Admin. Code 10-07

ARTICLE 10-07

FIRE MARSHAL [Repealed effective January 1, 2024]

Chapter 10-14

N.D. Admin. Code 10-14

ARTICLE 10-14

HEARING AID DEALERS AND FITTERS [Repealed effective September 1, 1999]