N.D. Admin. Code tit. 72 | N.D. Admin. Code Title 72 — Secretary of State

Article 72-02.2 Commissioner of Combative Sports

Chapter 72-02.2-01 Athletic Commissioner [Repealed]

N.D. Admin. Code 72-02.2-01 Athletic Commissioner [Repealed]

ARTICLE 72-02.2

ATHLETIC COMMISSIONER

Chapter 72-02.2-01Athletic Commissioner [Repealed] 72-02.2-01.1Athletic Commissioner and Athletic Advisory Board 72-02.2-02Athletic Commissioner and Mixed Fighting Style Advisory Board

CHAPTER 72-02.2-01

ATHLETIC COMMISSIONER [Repealed effective February 1, 1997]

Chapter 72-02.2-01.1 Commissioner of Combative Sports and Commission of Combative Sports - Boxing

N.D. Admin. Code 72-02.2-01.1 Commissioner of Combative Sports and Commission of Combative Sports - Boxing

CHAPTER 72-02.2-01.1

COMMISSIONER OF COMBATIVE SPORTS AND

COMMISSION OF COMBATIVE SPORTS - BOXING

Section 72-02.2-01.1-01Definitions 72-02.2-01.1-02Commission of Combative Sports 72-02.2-01.1-03General Provisions 72-02.2-01.1-04Licensing 72-02.2-01.1-05Terms and Conditions of License 72-02.0-21.1-06Duties of Promoter 72-02.2-01.1-07Duties of Referee 72-02.2-01.1-08Duties of Judges 72-02.2-01.1-09Duties of Cornerpersons 72-02.2-01.1-10Duties of Timekeeper and Knockdown Counter 72-02.2-01.1-11Duties of Physician 72-02.2-01.1-12Boxing Ticket Provisions 72-02.2-01.1-13Contracts and Financial Arrangements 72-02.2-01.1-14Gross Revenue Fee [Repealed] 72-02.2-01.1-15Sham or Collusive Matches 72-02.2-01.1-16Weight and Weighing Ceremony 72-02.2-01.1-17Conduct of Matches 72-02.2-01.1-18Bandage and Glove Requirements 72-02.2-01.1-19Medical and Other Safeguards 72-02.2-01.1-20The Boxing Ring 72-02.2-01.1-21Ringside Equipment 72-02.2-01.1-22Scoring System 72-02.2-01.1-23Boxing Knockdowns and Knockouts Requirements 72-02.2-01.1-24Boxing Fouls 72-02.2-01.1-25Stalling or Faking Prohibited 72-02.2-01.1-26Fight Results 72-02.2-01.1-27Appeal From Actions of the Commissioner or Commission 72-02.2-01.1-01. Definitions.

For purposes of this chapter, unless the context otherwise requires:

1."Boxing" means a contest or match in which two contestants attack each other and defend themselves with fists wearing protective gloves during a predetermined time in a boxing ring.

2."Commission" or "commission member" means the North Dakota commission of combative sports or a person delegated by the commissioner.

3."Commissioner" means the North Dakota secretary of state acting as the commissioner of combative sports.

4."Contestant" or "boxer" means a participant in a match who receives remuneration directly or indirectly as consideration for the participant's performance in a boxing match.

5."Exhibition" means a boxing or sparring match where a decision is not rendered.

6."Match" means any bout, contest, or sparring, in which participants intend to and do inflict punches to temporarily incapacitate an opponent, regardless of whether the object of the participants is to win or display their skills without striving to win.

7."Matchmaker" means any person who brings together professional boxers or arranges professional boxing matches.

8."Promoter" means any person, club, corporation, or association, and any officer, director, employee, or stockholder thereof, that produces, arranges, or stages professional boxing or kickboxing matches.

9."Registry" means any entity certified by the association of boxing commissions and combative sports for maintaining records and identification of boxers.

10."Sparring" means boxing for either practice or as an exhibition.

History: Effective February 1, 1997; amended effective July 1, 1997; July 1, 2016; October 1, 2020. 72-02.2-01.1-02. Commission of combative sports.

The North Dakota commission of combative sports consists of nine members appointed by the commissioner to staggered three-year terms each with three members appointed in each term. A vacancy in the membership caused other than by expiration of terms is filled for the balance of the term for the position in which the vacancy occurred.

History: Effective February 1, 1997; amended effective July 1, 2016; October 1, 2020. 72-02.2-01.1-03. General provisions.

1.These rules govern boxing matches, exhibitions, or sparring, unless rules are otherwise approved by the commissioner for good cause shown for a specific match, exhibition, or sparring event. Kickboxing matches are governed by the generally accepted rules adopted for that sport and submitted to the commissioner for approval prior to the event.

2.The commissioner and the commission are the administrators of all professional boxing or sparring matches within the state.

3.The following matches may not be approved:

a.Matches containing both professional and amateur contests in the same event;

b.Matches in which more than two contestants appear in the ring at the same time;

c.Matches in which the contestants are of the opposite sex; and

d.Matches in which the contestants are not using gloves. 72-02.2-01.1-04. Licensing.

1.Licenses are issued for a calendar year beginning January first and ending December thirtyfirst. If applying for a license, the applicant shall submit the application affirming the information provided is correct.

2.The licenses available and the fees for each license are as follows:

a.Boxer or kickboxer - Twenty-five dollars.

b.Cornerperson or second or trainer - Twenty-five dollars.

c.Judge - Twenty-five dollars.

d.Knockdown counter - Twenty-five dollars.

e.Manager - Fifty dollars.

f.Matchmaker - Fifty dollars.

g.Physician - No fee.

h.Promoter - Two hundred fifty dollars.

i.Referee - Twenty-five dollars.

j.Timekeeper - Twenty-five dollars.

History: Effective February 1, 1997; amended effective February 26, 1997; July 1, 2016; October 1, 2020; October 1, 2025. 72-02.2-01.1-05. Terms and conditions of license.

1.Except for a contestant and as otherwise indicated, every licensee shall:

a.Provide proof that the applicant is eighteen years of age or older. A valid form of proof is a photo driver's license, state-issued identification card, tribal-issued identification card, passport, or birth certificate combined with additional photo identification.

b.Have at least one year of verifiable experience and proficiency in either professional or amateur boxing.

c.Be licensed for each role the licensee has in the event, and if more than one, only may be required to pay the fee for the highest priced license issued to the licensee.

d.Understand the commissioner will honor the actions of other regulatory jurisdictions.

e.Understand the commissioner or commission may issue a verbal warning for the first infraction of the law or rules, a written warning for a second infraction, and a suspension up to six months for a third infraction. The commissioner or commission, without warning, may suspend a license for a violation that endangers the life or health of any person.

2.Every applicant for a judge, referee, or timekeeper license shall submit proof of qualifications, including certified training from the association of boxing commissions and combative sports.

3.Every applicant for a physician (medical doctor or doctor of osteopathic medicine) license shall submit proof of licensure to practice medicine in the state of North Dakota and proof of certification through the association of ringside physicians.

4.Before the commissioner issues a license to a contestant, the applicant shall:

a.Provide a valid form of proof that the applicant is eighteen years of age or older. A valid form of proof is a photo driver's license, state-issued identification card, tribal-issued identification card, passport, or birth certificate combined with additional photo identification.

b.Have and provide a boxer's federal identification card issued by the association of boxing commissions and combative sports or apply for one through the commissioner.

c.Provide the contestant's legal name, photo identification, address, contact telephone number, social security number, birth date, height, weight, eye color, any distinguishing marks and, if applicable, professional name.

d.Provide the names and contact information of the contestant's manager and trainer.

e.Disclose whether the contestant has been suspended during the preceding twelve months, by which jurisdiction, and for what reason.

f.Submit to the commissioner the results of current laboratory work and medical examinations on forms prescribed by the commissioner, which state the contestant is cleared to participate in a combative sports match, including bloodwork results for hepatitis B surface antigen (HBsAg), hepatitis C virus (HCV), and HIV. Bloodwork results are valid for six months from the date the blood was drawn. The commissioner may not issue a license to an applicant submitting positive test results for HBsAg, HCV, or HIV.

g.Undergo at the discretion of the commissioner and the contestant's expense any of the following medical examinations and submit the results for approval to participate:

(1)A physical examination performed by a licensed medical doctor, doctor of osteopathic medicine, advanced practice nurse practitioner, or physician assistant.

Physical examinations are valid for one year from the date of examination.

(2)An ophthalmological examination performed by an ophthalmologist or optometrist which includes dilation designed to detect any retinal defects or other damage or condition of the eye that may be aggravated by combative sports. Ophthalmological examinations are valid for one year from the date of examination.

(3)Other appropriate neurological or physical examinations before any contest, if the commissioner determines the examination is desirable to protect the health of the contestant.

h.Understand the contestant may not compete in a contest or exhibition within seven days of the contestant's previous contest or within ninety days of a contest in which they were unable to defend themselves.

i.Understand a suspension must be reported to the registry.

j.Wear trunks, without buckles or ornaments, which are belted at the contestant's waistline.

k.Use a mouthpiece that fits the contestant's mouth.

l.If a female contestant, wear a breast protector and groin protector, and if a male contestant, wear a protection cup.

m.Secure hair, so it does not impede the vision or safety of the contestant or the other contestant in a match.

n.Use only minimum cosmetics.

o.If a female contestant, certify the contestant is not pregnant.

p.Understand the commissioner may honor the actions of other regulatory jurisdictions.

However, the commissioner may allow a contestant suspended by another jurisdiction to box if permitted under the Professional Boxing Safety Act of 1996 [Pub. L. 104-272].

q.Understand the commissioner may hold an informal hearing to determine whether a contestant may be licensed or whether an existing license may be suspended or revoked. The contestant or designated representative may attend.

r.Understand if, in the judgment of the commissioner or commission, a contestant is guilty of an act detrimental to the integrity of boxing, or to the public interest, the commissioner may deny the contestant's license or suspend or revoke an existing license.

s.Understand the commissioner or commission may issue a verbal warning for the first infraction of the law or rules, a written warning for a second infraction, and a suspension up to six months for a third infraction. The commissioner or commission may, without warning, suspend a license for a violation that endangers the life or health of any person.

t.Understand the contestant may request an informal hearing before the commissioner to review the suspension or revocation of a license for a recent knockout, injury, or other medical reason to provide proof of a sufficiently improved physical condition. The contestant also may request an informal hearing before the commissioner to review a suspension or revocation of a license for a positive drug test, providing a false alias, having a false boxer's federal identification card, or providing a false document or information to obtain a license.

History: Effective February 1, 1997; amended effective July 1, 1997; October 1, 2020; October 1, 2025. 72-02.2-01.1-06. Duties of promoter.

A promoter shall:

1.Apply to the commissioner or commission to produce, arrange, or stage a match a minimum of two months prior to the event.

2.Provide proof of adequate insurance covering contestants, officials, and the public present at the event.

3.Provide medical insurance and pay the deductibles for each contestant covering injuries sustained by a contestant during the competition with a minimum benefit of two thousand five hundred dollars and at least two thousand five hundred dollars for an accidental death.

4.Provide a completed notification of contest form to the commissioner a minimum of five days prior to the event.

5.Seek approval from the commissioner for a change in the announced or advertised programs for any main match a minimum of forty-eight hours prior to the scheduled weigh-in for the event. The change must be included in any public announcement or advertisement relating to the match and posted at ticket offices and announced from the ring prior to the opening match.

If, because of the change, a patron requests a refund of the purchase price of their ticket, the promoter shall grant the refund if it is presented at the ticket office before the start of the second match or the main match, whichever comes first.

6.Select and hire all ring officials, including judges, knockdown counter, physician, referees, and timekeeper, with the approval and assignment of the commissioner, and shall pay the officials for their services.

7.Provide the commissioner with copies of all contracts between the promoter and contestants, which are subject to the commissioner's review to verify consistency with the requirements of state law and these rules.

8.Understand the failure to follow state law or these rules or failure to cooperate with the commissioner or a commission member may result in a future denial of a match.

9.Pay an administrative fee to reimburse the commissioner for the costs of regulating the event by making a monetary deposit with the commissioner, in an amount satisfactory to the commissioner, prior to the event and paying the balance within thirty days of being invoiced for the event. The deposit only is refundable when an event is canceled due to circumstances which are, in the opinion of the commissioner, extreme and beyond the control of the promoter.

History: Effective February 1, 1997; amended effective October 1, 2020; October 1, 2025. 72-02.2-01.1-07. Duties of referee.

A referee shall:

1.Not officiate more than thirty-two rounds during the event.

2.Have a physical examination prior to the event by the ringside physician either at the official weigh-in or prior to the beginning of the match and receive the physician's approval prior to officiating a match.

3.Exercise authority, according to the rules, over the match the referee is officiating.

4.Meet before a match with the contestant's cornerperson and assistant cornerperson, if applicable, and provide those individuals with instructions.

5.Provide before a match score sheets for each round to each of the three judges and, at the end of each round, shall collect the score sheets from each judge, and give the score sheets to the commissioner's official scorer.

6.Stop the match if it becomes partial or if a contestant is in such a condition that if the match continues the contestant is subject to serious injury.

7.Stop the match if a contestant has a cut or wound that might be a serious injury and consult with the ringside physician as to whether the match should continue.

8.Determine whether an injury is the result of a legal or illegal blow and whether it was intentional or accidental.

9.Return a contestant's mouthpiece during a lull in the match and, if the contestant is intentionally ejecting the mouthpiece, the referee may discount a point during that round from the contestant or disqualify the contestant.

10.Not drink alcoholic beverages a minimum of twelve hours prior to the event and until assigned duties are completed.

11.Be replaced by the commission with another referee if the referee becomes incapacitated or otherwise unable to complete the match. 72-02.2-01.1-08. Duties of judges.

The three judges for the match shall:

1.Sit on a stool midway between the ring posts and not on the same side of the ring as another judge and have a direct view of the ring.

2.Use the "ten point must" system described in section 72-02.2-01.1-22.

3.Mark the score card in ink for each contestant, sign it, and hand it to the referee after each round without discussion with anyone except as needed with the commissioner or a commission member.

4.Correct a clerical or mathematical error on the score cards as may be identified at the conclusion of the match. Otherwise, the match results cannot be changed without a hearing before the commissioner.

5.Not drink alcoholic beverages a minimum of twelve hours prior to the event and until assigned duties are completed.

6.Be replaced by the commission with another judge if a judge becomes incapacitated or otherwise unable to complete the scoring of a match. 72-02.2-01.1-09. Duties of cornerpersons.

1.Each contestant may have a maximum of three cornerpersons, with one of the cornerpersons designated as the chief cornerperson.

2.One cornerperson is allowed inside the ring at the end of each round and the others, if any, shall stay on the apron. The cornerperson shall clear all items from the ring platform and leave the ring by the start of the next round.

3.During rounds, the cornerpersons shall stay within the outside corner area of the ring and may not touch the apron or ring.

4.A chief cornerperson verbally, with a hand signal, or by mounting the apron, may signal to the referee that the contestant cannot continue and to stop the match. The "throwing of a towel" into the ring is not an indicator of the contestant's defeat.

5.During a match, a cornerperson may not provide a contestant with alcoholic beverages, narcotics, or stimulants, pour or spray excessive water on the contestant's body, or place ice in the contestant's trunks or cup. 72-02.2-01.1-10. Duties of timekeeper and knockdown counter.

1.The timekeeper shall have a timing device. The timekeeper shall indicate the beginning and end of each round by a bell, horn, or buzzer having a clear audible tone to be heard by the referee and contestants. Ten seconds prior to the end of a round, the knockdown counter shall strike the apron three times alerting the referee and contestants.

2.If a match is stopped before the scheduled number of rounds, the timekeeper shall record the time the stoppage occurred. 72-02.2-01.1-11. Duties of physician.

1.A physician shall examine each contestant within thirty-six hours before entering the ring. The examining physician immediately shall file with the commissioner a written report of the examination to certify to the commissioner the contestant is in acceptable physical condition to box.

2.The examination must include an examination of the following: the contestant's heart and general physical and neurological condition, including the eyes, ears, mouth and jaw, nose, chest, head, hands, abdomen, blood pressure, and resting heart rate.

3.If more than one physician is present, the commissioner shall select one to be the head physician. If the physician also is a commission member, the physician may not serve concurrently as the ringside physician and commission member during the match.

4.The physician shall sit near the ring steps and remain there during the match unless required in the ring. After the match, the physician shall examine and certify each contestant's physical condition.

5.The physician may enter the ring during a match and terminate the match if the physician determines the contestant has or may have a serious physical injury. The physician immediately shall render emergency treatment as required and shall recommend further treatment, or hospitalization as required. The physician may require for a period the contestant or contestant's manager to remain in the ring or on the premise. For the commissioner's records, the physician shall file a report of the incident.

History: Effective February 1, 1997; amended effective October 1, 2020; October 1, 2025. 72-02.2-01.1-12. Boxing ticket provisions.

1.All tickets must display the purchase price and may not be sold for more than the purchase price.

2.Upon showing identification provided by the commissioner, only the following persons may be admitted without a ticket:

a.The commissioner, commission members, and others designated for official duty by the commissioner.

b.The event officials required by state law and these rules.

c.The promoter and designated employees.

d.The contestants and their managers, trainers, and cornerpersons.

e.The emergency medical personnel, law enforcement, firefighters, and on duty public officials.

f.Members of the media. 72-02.2-01.1-13. Contracts and financial arrangements.

1.A promoter may not have a direct or indirect financial relationship with a contestant. A match may not be held in premises owned or leased by the promoter or premises in which the promoter has a direct or indirect financial relationship unless approved by the commissioner.

2.Before weigh-in, the promoter shall provide the commissioner with copies of the contract between the promoter and each contestant.

3.The promoter shall deposit with the commissioner prior to the match the funds to be paid by contract to the contestant after the match. If it is determined by the commissioner that a contestant made a dishonest effort not matching the contestant's skill level, the payment to the contestant may be withheld and returned to the promoter. 72-02.2-01.1-14. Gross revenue fee.

Repealed effective October 1, 2020. 72-02.2-01.1-15. Sham or collusive matches.

1.The commissioner shall suspend or revoke the license of any promoter, ring official, manager, trainer, or cornerperson who promotes, conducts, gives, or participates in any sham or collusive boxing or sparring match. A promoter or matchmaker may not arrange a match in which the skills and abilities of one contestant are significantly superior to the other contestant.

2.The commissioner may suspend, revoke, refuse to renew, or refuse to issue a license, to an applicant for a license if the applicant:

a.Has been, or is associated with anyone interfering with a match or contestant;

b.Has been convicted of a crime in any jurisdiction, or is associating or consorting with any person who has been convicted of a crime in any jurisdiction;

c.Consorts or associates with bookmakers, gamblers, or persons of similar pursuits, or if the applicant or applicant's associate engaged in similar pursuits;

d.Is financially irresponsible;

e.Has been guilty of or attempted any fraud or misrepresentation in connection with boxing; or

f.Has violated or attempted to violate any law with respect to boxing in any jurisdiction or any rules or regulation, or has violated any boxing rule approved or adopted by the commissioner, or has been guilty of or engaged in similar, related, or like practices. 72-02.2-01.1-16. Weight and weighing ceremony.

1.At a time and place approved by the commissioner, the commission members shall administer a weigh-in event in which each contestant must be weighed before the opposing contestant at least eight but not more than thirty-six hours before the match.

2.The official scales must be available to all contestants a minimum of two hours before the scheduled start time of the weigh-in event. A title fight must have two scales, the official scale and a second for the contestants. The commissioner shall provide the official scale. The promoter shall provide the scale for the contestants. For a title match, the official scale must be certified and calibrated by a qualified technician.

3.Only contestants approved for the event may be weighed during the weigh-in event.

4.A contestant who has contracted to participate in a specific weight class may not compete if the contestant's weight exceeds the standards for that weight class unless the contract allows the weight differential to be agreed to by the opposing contestant and the opposing contestant agrees to it.

5.If a contestant does not meet the weight requirements during the weigh-in event for the weight class and the opposing contestant does not agree, the contestant or both contestants have two additional hours to make the prescribed weight.

6.If the contestants fail in making the weight after the two-hour period, both contestant managers shall come to an agreement, or the match is canceled. If allowed by the promoter and agreed to by the commissioner, the contestants may have an exhibition match.

History: Effective February 1, 1997; amended effective October 1, 2020; October 1, 2025. 72-02.2-01.1-17. Conduct of matches.

1.Boxing events must have a minimum of twenty-four scheduled rounds. Each match must have a minimum of four rounds and a maximum of twelve rounds for male contestants and ten rounds for female contestants.

2.The maximum time for each round for a male contestant is three minutes and two minutes for a female contestant with a one minute rest period between each round. Each match must have a referee and three judges. A contestant may not box in more than twelve rounds within seventy-two consecutive hours.

3.The commissioner may not approve a match in which the contestants are not of equal ability.

4.There is a maximum period of ten minutes between matches, except for an intermission with a maximum period of twenty minutes. 72-02.2-01.1-18. Bandage and glove requirements.

1.A contestant's gloves must be furnished by the promoter.

2.A promoter shall provide at an event the following number of gloves in each size:

a.Eight ounces [226.8 grams] - Twenty pairs; and

b.Ten ounces [283.5 grams] - Twenty pairs.

3.The gloves furnished by a promoter must be new or freshly sanitized for every contestant.

4.A commission member shall be present during the wrapping of a contestant's hands.

5.A contestant's bandage for each hand must consist of soft gauze a maximum of twelve yards [10.97 meters] long and a maximum of two inches [50.8 millimeters] wide.

6.The gauze, which may not contain water or any other substance, must be held in place by a maximum of three feet [0.91 meters] of medical tape per hand. The tape may not be applied over the knuckles of the hand.

7.Unless otherwise directed by the commissioner, the gloves for a male contestant weighing less than one hundred forty-seven pounds [66.68 kilograms] must be eight ounces [226.8 grams] and the gloves for a male contestant weighing one hundred forty-seven pounds [66.68 kilograms] or more must be ten ounces [283.5 grams]. The gloves for a female boxer must be ten ounces [283.5 grams].

a.The commissioner shall approve thumbless boxing gloves, or gloves with the thumb

section locked, fastened, tied, or immovable set to the balance of the glove, unless waived by the commission for a title match of twelve rounds.

b.A commission member shall inspect the gloves to assure the gloves are not broken or unclean, or do not have misplaced or lumpy padding. After approval, the gloves must be kept in the commission's possession until the match. A commission member shall be present when the gloves are placed on the contestant's hands.

c.The laces on the gloves must be tied on the outside of the back of the wrist and secured and covered with athletic tape to the top of the glove, which tape is then signed by a commission member.

History: Effective February 1, 1997; amended effective October 1, 2020; October 1, 2025. 72-02.2-01.1-19. Medical and other safeguards.

Each match must include the following safeguards:

1.A minimum of one physician, licensed by the North Dakota board of medicine and licensed as a ring physician by the board, must be at ringside during the match. Ring physicians licensed by other state jurisdictions may be allowed at ringside with the commissioner's approval.

2.The presence of the highest level of emergency medical personnel available in the community, i.e., emergency medical technician, emergency medical technician-intermediate, or emergency medical technician-paramedic, as defined by the North Dakota state department of health, emergency health services section, with an ambulance dedicated for contestants. In an emergency, the medical personnel and ambulance may be released by the ring physician.

The match must be on hold until the personnel and ambulance return to the premises. The commissioner shall determine the appropriate level of personnel present.

3.Commissioner-approved rubber or plastic gloves must be worn during the match by all persons, including managers, cornerpersons, timekeepers, ring physicians, and referees, in contact with a contestant.

4.Alcoholic beverages and smoking must be prohibited at ringside.

5.The commissioner shall approve the placement of cameras by the media near the ring or on the platform. Media personnel may sit ringside only in neutral corners as approved by the commissioner. 72-02.2-01.1-20. The boxing ring.

A boxing match only may be held in a ring inspected and approved by the commission according to the following requirements:

1.The ring must be a minimum of sixteen feet [4.88 meters] and a maximum of twenty-two feet [6.71 meters] square inside the ropes. The ring apron must be a minimum of two feet [0.61 meters]. The ring platform must be a maximum height of four feet [1.22 meters] and have a smooth, firm surface covered with clean canvas duck or other resilient material stretched taut and laced tightly to the ring platform. The ring must be completely padded both inside and outside the ropes to a minimum thickness of one inch [25.4 millimeters] and a maximum thickness of four inches [101.6 millimeters], with insulate or a similar material approved by the commission.

2.Each ring must have four ring posts extending above the ring platform. The maximum height above the platform for each post is five feet [1.52 meters], and the post must be a minimum of eighteen inches [457.2 millimeters] from the ring ropes. All ring posts, post tops, and turnbuckles must be padded, and ring corners must have protective padding extending from the top rope to the bottom rope.

3.There must be four ring ropes attached to the ring posts by adjustable turnbuckles. Each rope must be a minimum of one inch [25.4 millimeters] in diameter and covered with soft material and attached securely to the ring posts. The ropes must be readily adjustable and maintained at a proper and safe degree of tautness. Ties must be fastened to the ropes at appropriate intervals to ensure safety.

4.The ring must be illuminated by overhead lights arranged to eliminate shadows and minimize heat and glare.

5.Steps must lead to the ring platform from two diagonally opposite corners of the ring platform.

6.Extra steps approved by the commission must be placed in a neutral corner. 72-02.2-01.1-21. Ringside equipment.

1.The promoter or cornerperson shall supply the following items approved by the commission for each contestant corner:

a.Enough buckets for contestants;

b.Plastic water bottle and water;

c.Sponges;

d.Surgical tape; and

e.Chairs or stools for contestant use between rounds and for cornerpersons in their corner.

2.The following items also may be placed in the corner:

a.Petroleum jelly, for discretionary use around the eyes;

b.Adrenalin in a manufacturer's premeasured vial in a 1/1000 solution; and

c.Coagulant (avitene, thrombin, thromboplastin, or fibroplastic).

3.A contestant may not use or be administered any other drugs, stimulants, or nonprescription items not listed in this section. 72-02.2-01.1-22. Scoring system.

The judges shall use the "ten point must system" for scoring. The contestant winning the round is awarded ten points based on clean hitting, effective aggressiveness, defense, and ring generalship.

The other contestant is awarded nine or fewer points. If the round is even, each contestant receives ten points. Fractions of points are not permitted. The scores start at ten with seven being the lowest. If the referee deducts points, the referee shall inform each judge who then shall make the deduction on a scorecard. 72-02.2-01.1-23. Boxing knockdowns and knockouts requirements.

1.Knockdown: A boxer is "down" when any part of the boxer's body, except the boxer's feet, touches the floor of the ring, or when the boxer hangs helplessly on the ring ropes or when the boxer is rising from a down position, as a result of a legal blow. Whether a knockdown has occurred is at the sole judgment of the referee.

2.Eight count: A boxer who is down shall take a count of eight seconds regardless of whether the boxer has returned to their feet before the count of eight has ended.

3.Counting: When a boxer is down, the knockdown counter immediately shall begin counting, making the count known with an arm motion. The referee immediately shall order the other boxer to a neutral corner and then pick up the count from the knockdown counter making the count known with an arm motion. If the boxer is unable to return to their feet at the count of ten seconds, the referee shall declare the other boxer the winner of the match.

4.Low blow: The referee may give a boxer a maximum break of five minutes if the referee determines a foul was committed by the other boxer. Each boxer shall return to their respective corner until the round is ready to resume.

History: Effective February 1, 1997; amended effective July 1, 2016; October 1, 2020. 72-02.2-01.1-24. Boxing fouls.

1.Intentional fouls: If an intentionally fouled contestant cannot continue, the offending contestant is disqualified. If the match continues and is subsequently stopped because of an injury resulting from the intentional foul, the fouled contestant is declared the winner of the match.

2.Accidental fouls: If a contestant is accidentally fouled and the match cannot continue, or if the match continues and subsequently is stopped because of an injury resulting from the accidental foul, the contestant ahead on points becomes the winner of the match by technical decision if at least one-half of the rounds are completed. 72-02.2-01.1-25. Stalling or faking prohibited.

1.A referee shall warn a contestant if the referee determines a contestant is stalling or faking. If, after the warning, the contestant continues to stall or pull punches, the referee shall stop the match at the round's end.

2.If the referee determines if one or both contestants are stalling or faking, or if a contestant refuses to fight, the contest is terminated as a no contest and one or both contestants forfeit their pay.

3.If a contestant falls without being struck, the contestant must be examined immediately by the ring physician. After conferring with the physician, the referee may disqualify the contestant, who then forfeits their pay. 72-02.2-01.1-26. Fight results.

The following fight results apply to boxing matches:

1.Draw: A winner cannot be determined by score cards.

2.TKO: A contestant cannot continue.

3.KO: A contestant is knocked out.

4.Disqualified: A contestant is disqualified for violating rules.

5.Split decision: Two judges score in favor of one contestant and the third judge scores in favor of the other contestant.

6.Unanimous decision: All judges scored in favor of the same contestant.

7.Majority draw: Two judges score both contestants the same and the third judge scores in favor of one contestant. 72-02.2-01.1-27. Appeal from actions of the commissioner or commission.

An applicant or licensee may appeal any action of the commissioner or commission under this

chapter in denying, suspending, refusing to renew, or revoking a license. The appeal must be performed in accordance with the provisions of North Dakota Century Code chapter 28-32.

History: Effective October 1, 2020.

Chapter 72-02.2-02 Commissioner of Combative Sports and Commission of Combative Sports - Mixed Fighting Style

N.D. Admin. Code 72-02.2-02 Commissioner of Combative Sports and Commission of Combative Sports - Mixed Fighting Style

CHAPTER 72-02.2-02

COMMISSIONER OF COMBATIVE SPORTS AND

COMMISSION OF COMBATIVE SPORTS - MIXED FIGHTING STYLE

Section 72-02.2-02-01Definitions 72-02.2-02-02Commission of Combative Sports 72-02.2-02-03General Provisions 72-02.2-02-04Licensing - Terms and Conditions 72-02.2-02-05Duties of Promoter 72-02.2-02-06Duties of Referee 72-02.2-02-07Duties of Judges 72-02.2-02-08Duties of Seconds 72-02.2-02-09Duties of Timekeeper 72-02.2-02-10Duties of Physician 72-02.2-02-11Ticket Provisions 72-02.2-02-12Contracts and Financial Arrangements 72-02.2-02-13Gross Revenue Fee [Repealed] 72-02.2-02-14Sham or Collusive Matches 72-02.2-02-15Weight Classes - Weigh-In and Weight Differences 72-02.2-02-16Conduct of Contests and Exhibitions 72-02.2-02-17Proper Appearance and Attire 72-02.2-02-18Bandage and Glove Requirements 72-02.2-02-19Medical and Other Safeguards 72-02.2-02-20Ring or Fenced Area 72-02.2-02-21Ringside Equipment 72-02.2-02-22Scoring System 72-02.2-02-23Fouls, Deduction of Points, and Stoppage of Match 72-02.2-02-24Stalling or Faking 72-02.2-02-25Results of Contests 72-02.2-02-26Amateur Contests 72-02.2-02-27Appeal From Actions of the Commissioner or Commission 72-02.2-02-01. Definitions.

For purposes of this chapter, unless the context otherwise requires:

1."Commission" or "commission member" means the North Dakota commission of combative sports or a person delegated by the commissioner.

2."Commissioner" means the North Dakota secretary of state acting as the commissioner of combative sports.

3."Contest" means a match between two contestants in a mixed fighting style competition.

4."Contestant" means a participant in a match who receives remuneration directly or indirectly as consideration for the participant's performance in a mixed fighting style competition, except for a participant's performance as an amateur in section 72-02.2-02-26.

5."Exhibition" means a mixed fighting style match in which a decision is not rendered.

6."Match" means any contest or exhibition, in which participants intend to and do inflict punches or blows, or employ other techniques to temporarily incapacitate an opponent, regardless of whether the object of the participants is to win or display their skills without striving to win.

7."Matchmaker" means any person who brings together professional mixed fighting style contestants or arranges professional mixed fighting style matches.

8."Mixed fighting style competition" is a contest or match in which participants intend to inflict or employ kicks, punches, blows, holds, and other techniques to injure, stun, choke, incapacitate, or disable an opponent. The techniques include a combination of boxing, kickboxing, wrestling, grappling, or other recognized martial arts.

9."Promoter" means any person, club, corporation, or association, and any officer, director, employee, or stockholder thereof, that produces, arranges, or stages professional mixed fighting style contests or exhibitions.

10."Registry" means any entity certified by the association of boxing commissions and combative sports to maintain records and identification of mixed fighting style contestants. 72-02.2-02-02. Commission of combative sports.

The rules in this chapter govern all mixed fighting style contests or exhibitions.

1.The commissioner and the commission are the administrators of all professional mixed fighting style contests within the state and over amateur contests, upon request, with the approval of the commissioner.

2.Unless stated otherwise within these rules, the commissioner and commission shall follow the unified rules of mixed martial arts as adopted by the association of boxing commissions and combative sports in effect on October 1, 2025.

3.The commission may not approve the following:

a.Matches in which more than two contestants appear in the ring at the same time;

b.Matches in which the contestants are of the opposite sex; and

c.Matches in which the contestants are not using gloves.

History: Effective October 1, 2006; amended effective October 1, 2020; October 1, 2025. 72-02.2-02-04. Licensing - Terms and conditions.

1.Licenses are issued for a calendar year beginning January first and ending December thirtyfirst. When applying for a license, the applicant shall submit the application affirming the information provided is correct.

2.The licenses available and the fees for each license are as follows:

a.Contestant - Twenty-five dollars.

b.Judge - Twenty-five dollars.

c.Manager - Fifty dollars.

d.Matchmaker - Fifty dollars.

e.Physician - No fee.

f.Promoter - Two hundred fifty dollars.

g.Referee - Twenty-five dollars.

h.Second or trainer - Twenty-five dollars.

i.Timekeeper - Twenty-five dollars.

3.Except for a contestant and as otherwise indicated, every licensee shall:

b.Have at least one year of verifiable experience and proficiency in either professional or amateur mixed fight style competition.

c.Be licensed for each role the licensee has in the event, and if more than one, only may be required to pay the fee for the highest priced license issued to the licensee.

d.Understand the commissioner will honor the actions of other regulatory jurisdictions.

4.Every applicant for a judge, referee, or timekeeper license shall submit proof of qualifications, including certified training from the association of boxing commissions and combative sports.

5.Every applicant for a physician (medical doctor or doctor of osteopathic medicine) license shall submit proof of licensure to practice medicine in the state of North Dakota and proof of certification through the association of ringside physicians.

6.Before the commissioner issues a license to a contestant, the applicant shall:

b.Have and provide a mixed martial arts national identification card issued by the association of boxing commissions and combative sports or apply for one through the

d.Provide the names and contact information of the contestant's manager and trainer.

e.If a female contestant, certify the contestant is not pregnant.

f.Disclose whether the contestant has been suspended during the preceding twelve months, by which jurisdiction, and for what reason.

g.Submit to the commissioner the results of current laboratory work and medical examinations on forms prescribed by the commissioner, which state the contestant is cleared to participate in a combative sports match including bloodwork results for hepatitis B surface antigen (HBsAg), hepatitis C virus (HCV), and HIV. Bloodwork results are valid for six months from the date the blood was drawn. The commissioner shall not issue a license to an applicant submitting positive test results for HBsAg, HCV, or HIV.

h.Undergo at the discretion of the commissioner and the contestant's expense any of the following medical examinations and submit the results for approval to participate:

(1)A physical examination performed by a licensed medical doctor, doctor of osteopathic medicine, advanced practice nurse practitioner, or physician assistant.

Physical examinations are valid for one year from the date of examination.

(3)Other appropriate neurological or physical examinations before any contest, if the commissioner determines the examination is desirable to protect the health of the contestant.

i.Understand the contestant may not compete in a contest or exhibition within seven days of their previous contest or within ninety days of a contest in which the contestant was unable to defend himself or herself.

j.Understand the commissioner may honor the actions of other regulatory jurisdictions.

k.Understand the commissioner may hold an informal hearing to determine whether a contestant may be licensed or whether an existing license may be suspended or revoked. The contestant or designated representative may attend.

l.Understand the commissioner may deny the contestant's license application or suspend or revoke an existing license if, in the judgment of the commissioner or commission, the contestant is guilty of an act detrimental to the integrity of mixed fighting style competition, or to the public interest.

m.Understand the commissioner or commission may issue a verbal warning for the first infraction of the law or rules, a written warning for a second infraction, and a suspension up to six months for a third infraction. The commissioner or commission, without warning, may suspend a license for a violation that endangers the life or health of any person.

n.Understand the contestant may request an informal hearing before the commissioner to review the suspension or revocation of a license for a recent knockout, injury, or other medical reason to provide proof of sufficiently improved physical condition. The contestant also may request an informal hearing before the commissioner to review a suspension or revocation of a license for a positive drug test, providing a false alias, or having false identification or providing a false document or information to obtain a license.

History: Effective October 1, 2006; amended effective July 1, 2016; October 1, 2020; October 1, 2025. 72-02.2-02-05. Duties of promoter.

A promoter shall:

1.Apply to the commissioner or commission to produce, arrange, or stage a match a minimum of two months prior to the event.

2.Provide proof of adequate insurance covering contestants, officials, and the public present at the event.

4.Provide a completed notification of contest form to the commissioner a minimum of five days prior to the event.

6.Select and hire all ring officials, including judges, knockdown counter, physician, referees, timekeeper, with the approval and assignment of the commissioner, and shall pay the officials for their services.

8.Understand the failure to follow state law or these rules or failure to cooperate with the commissioner or commission member may result in a future denial of a match.

9.Pay an administrative fee to reimburse the commissioner for the costs of regulating the event by making a monetary deposit with the commissioner, in an amount satisfactory to the commissioner, prior to the event and paying the balance within thirty days of being invoiced for the event. The deposit is refundable only when an event is canceled due to circumstances which are, in the opinion of the commissioner, extreme and beyond the control of the promoter.

History: Effective October 1, 2006; amended effective October 1, 2020; October 1, 2025. 72-02.2-02-06. Duties of referee.

A referee shall:

1.Not officiate more than thirty-two rounds during the event.

3.Exercise authority, according to the rules, over the match the referee is officiating.

4.Meet before a match with the contestant's second and assistant second, if applicable, and provide those individuals with instructions.

5.Stop the match if it becomes partial, or if a contestant is in such a condition that if the match continues the contestant is subject to serious injury.

6.Stop the match if a contestant has a cut or wound that might be a serious injury and consult with the ringside physician as to whether the match should continue.

7.Determine whether an injury is the result of a legal or illegal blow and whether it was intentional or accidental.

8.Return a contestant's mouthpiece during a lull in the match and if the contestant is intentionally ejecting the mouthpiece, the referee may discount a point during that round from the contestant or disqualify the contestant.

9.Not drink alcoholic beverages a minimum of twelve hours prior to the event and until assigned duties are completed.

10.Be replaced by the commission with another referee if the referee becomes incapacitated or otherwise unable to complete the match. 72-02.2-02-07. Duties of judges.

The three judges for the match shall:

1.Sit on a stool midway between the ring posts and not on the same side of the ring as another judge and have a direct view of the ring.

2.Use the "ten point must system" scoring described in section 72-02.2-02-22.

3.Mark the score card in ink for each contestant, sign it, and hand it to the referee after each round without discussion with anyone except as needed with the commissioner or a commission member.

5.Not drink alcoholic beverages a minimum of twelve hours prior to the event and until assigned duties are completed.

6.Be replaced by the commission with another judge if a judge becomes incapacitated or otherwise unable to complete the scoring of a match. 72-02.2-02-08. Duties of seconds.

1.Each contestant may have a maximum of three seconds, with one of the seconds designated as the chief second.

2.Two seconds, without shoes, are allowed inside the ring at the end of each round and the others, if any, shall stay on the platform. The seconds shall clear all items from the ring platform and leave the ring by the start of the next round.

3.During rounds, the seconds shall stay within the outside corner area of the ring and may not touch the ring.

4.A chief second verbally, with a hand signal or by mounting the apron, may signal to the referee that the contestant cannot continue and to stop the match. The "throwing of a towel" into the ring is not an indicator of the contestant's defeat.

5.During the match, a second may not provide a contestant with alcoholic beverages, narcotics, or stimulants, pour or spray excessive water on the contestant's body, or place ice in the contestant's trunks or cup. 72-02.2-02-09. Duties of timekeeper.

1.The timekeeper shall have a timing device. The timekeeper shall indicate the beginning and end of each round by a bell, horn, or buzzer having a clear audible tone to be heard by the referee and contestants. Ten seconds prior to the end of a round, the timekeeper shall strike an object three times in a manner having a clear audible tone alerting the referee and contestants.

2.If a match is stopped before the scheduled number of rounds, the timekeeper shall record the time the stoppage occurred. 72-02.2-02-10. Duties of physician.

1.A physician shall examine each contestant within thirty-six hours before entering the ring. The examining physician immediately shall file with the commission a written report of the examination to certify to the commissioner the contestant is in acceptable physical condition to fight.

History: Effective October 1, 2006; amended effective October 1, 2020; October 1, 2025. 72-02.2-02-11. Ticket provisions.

1.All tickets must display the purchase price and may not be sold for more than the purchase price.

2.Upon showing identification provided by the commissioner, only the following persons may be admitted without a ticket:

a.The commissioner, commission members, and others designated for official duty by the

b.The event officials required by state law and these rules.

c.The promoter and designated employees.

d.The contestants and their managers, trainers, and cornerpersons.

e.The emergency medical personnel, law enforcement, firefighters, and on duty public officials.

f.Members of the media.

History: Effective October 1, 2006; amended effective January 1, 2007; October 1, 2020. 72-02.2-02-12. Contracts and financial arrangements.

2.Before weigh-in, the promoter shall provide the commissioner with copies of the contract between the promoter and each contestant.

Repealed effective October 1, 2020. 72-02.2-02-14. Sham or collusive matches.

1.The commissioner shall suspend or revoke the license of any promoter, ring official, manager, trainer, or cornerperson who promotes, conducts, gives, or participates in any sham or collusive mixed fighting style competition or exhibition. A promoter or matchmaker may not arrange a match in which the skills and abilities of one contestant are significantly superior to the other contestant.

2.The commissioner may suspend, revoke, refuse to renew, or refuse to issue a license, to an applicant for a license if the applicant:

a.Has been, or is associated with anyone interfering with a match or contestant;

b.Has been convicted of a crime in any jurisdiction, or is associating or consorting with any person who has been convicted of a crime in any jurisdiction;

c.Consorts or associates with bookmakers, gamblers, or persons of similar pursuits, or if the applicant or applicant's associate engaged in similar pursuits;

d.Is financially irresponsible;

e.Has been guilty of or attempted any fraud or misrepresentation in connection with mixed fighting style; or

f.Has violated or attempted to violate any law with respect to a mixed fighting style competition in any jurisdiction or any rules or regulation, or has violated any mixed fighting style competition rule approved or adopted by the commissioner, or has been guilty of or engaged in similar, related, or like practices. 72-02.2-02-15. Weight classes - Weigh-in and weight differences.

2.The weight classes are as identified in the unified rules of mixed martial arts as adopted by the association of boxing commissions and combative sports and in effect on October 1, 2025.

3.The official scales must be available to all contestants a minimum of two hours before the scheduled start time of the weigh-in event. A title fight must have two scales, the official scale and a second for the contestants. The commissioner shall provide the official scale. The promoter shall provide the scale for the contestants. For a title match, the official scale must be certified and calibrated by a qualified technician.

4.Only contestants approved for the mixed fighting style competition event may be weighed during the weigh-in event.

5.A contestant who has contracted to participate in a specific weight class may not compete if the contestant's weight exceeds the standards for that weight class unless the contract allows the weight differential to be agreed to by the opposing contestant and the opposing contestant agrees to it.

6.If a contestant does not meet the weight requirements during the weigh-in event for the weight class and the opposing contestant does not agree, the contestant or both contestants have two additional hours to make the prescribed weight provided that a weight loss in excess of two pounds [907.18 grams] is not permitted for a contestant weighing less than one hundred forty-five pounds [65.77 kilograms] and a weight loss of three pounds [1360.77 grams] is not permitted for a contestant weighing more than one hundred forty-five pounds [67.77 kilograms].

7.If the contestants fail in making the weight after the two-hour period, both contestant managers shall come to an agreement, or the match is canceled. If allowed by the promoter and agreed to by the commissioner, the contestants may have an exhibition match.

History: Effective October 1, 2006; amended effective October 1, 2020; October 1, 2025. 72-02.2-02-16. Conduct of contests and exhibitions.

1.Mixed fighting style competitive events must have a minimum of twenty scheduled rounds.

Each match must have a minimum of three rounds and a maximum of five rounds for a championship match.

2.The maximum time for each round is five minutes with a one minute rest period between each round. Each match must have a referee and three judges.

3.The commissioner may not approve a match in which the contestants are not of equal ability.

4.There is a maximum period of ten minutes between matches, except for an intermission with a maximum period of twenty minutes. 72-02.2-02-17. Proper appearance and attire.

Proper appearance and attire are subject to the unified rules of mixed martial arts as adopted by the association of boxing commissions and combative sports and in effect on October 1, 2025.

History: Effective October 1, 2006; amended effective October 1, 2020; October 1, 2025. 72-02.2-02-18. Bandage and glove requirements.

1.A contestant's gloves must be furnished by the promoter.

2.A promoter shall provide at an event the following number of gloves in each of the following sizes:

a.Size small - eight pairs;

b.Size medium - twelve pairs;

c.Size large - twelve pairs;

d.Size extra large - twelve pairs; and

e.Size double extra large - eight pairs.

3.A contestant's gloves must be examined and approved at the weigh-in by the commissioner to ensure the gloves are whole and not broken, rough, or twisted; in sanitary condition; have padding that is not misplaced or lumpy; and fit the hands of the contestant.

4.The gloves furnished by a promoter must be new or freshly sanitized for every contestant.

5.The gloves of each contestant must weigh a minimum of four ounces [113.4 grams] and a maximum of eight ounces [226.8 grams].

6.The gloves of each contestant must be placed on the contestant hands in the presence of a commission member according to the wrapping requirements of the unified rules of mixed martial arts, as adopted by the association of boxing commissions and combative sports and in effect on October 1, 2020.

History: Effective October 1, 2006; amended effective October 1, 2020; October 1, 2025. 72-02.2-02-19. Medical and other safeguards.

Each match must include the following safeguards:

The match must be on hold until the personnel and ambulance return to the premises. The commissioner shall determine the appropriate level of personnel present.

4.Alcoholic beverages and smoking must be prohibited at ringside.

A mixed fighting style match only may be held in a ring or fenced area inspected and approved by the commission according to the following requirements:

1.For a ring:

a.The ring must be a minimum of sixteen feet [4.88 meters] and a maximum of thirty-two feet [9.753 meters] square inside the ropes. The ring floor must extend a minimum of eighteen inches [457.2 millimeters] beyond the ropes. The ring platform must be a maximum height of four feet [1.22 meters] and have a smooth, firm surface covered with clean canvas duck or other resilient material stretched taut and laced tightly to the ring platform. The ring must be completely padded both inside and outside the ropes to a minimum thickness of one inch [25.4 millimeters] and a maximum thickness of four inches [101.6 millimeters], with insulate or a similar material approved by the commission.

b.Each ring must have four ring posts a maximum of three inches [76.20 millimeters] in diameter extending above the ring platform. The maximum height above the platform for each post is fifty-eight inches [1473.2 millimeters], and the post must be a minimum of eighteen inches [457.2 millimeters] from the ring ropes. All ring posts, post tops, and turnbuckles must be padded, and ring corners must have protective padding extending from the top rope to the bottom rope.

c.There must be a minimum of five ring ropes attached to the ring posts by adjustable turnbuckles. Each rope must be a minimum of one inch [25.4 millimeters] in diameter and covered with soft material and attached securely to the ring posts. The ropes must be readily adjustable and maintained at a proper and safe degree of tautness. Ties must be fastened to the ropes at appropriate intervals to ensure safety.

d.The ring must be illuminated by overhead lights arranged to eliminate shadows and minimize heat and glare.

e.Steps must lead to the ring platform from two diagonally opposite corners of the ring platform.

f.Extra steps approved by the commission must be placed in a neutral corner.

2.For a fenced area:

a.The fenced area must be circular or have at least four equal sides and must be no smaller than sixteen feet [4.87 meters] wide and no larger than thirty-two feet [9.75 meters] wide.

b.The floor must be a maximum height of four feet [1.22 meters] and have a smooth, firm surface covered with clean canvas duck or other resilient material stretched taut and laced tightly to the ring platform. The floor must be completely padded to a minimum thickness of one inch [25.4 millimeters] and a maximum thickness of four inches [101.6 millimeters], with insulate or a similar material approved by the commission.

c.Steps must lead to the floor area.

d.Metal posts a maximum of six inches [152.40 millimeters] in diameter extend from the event floor to between five feet [1.52 meters] and seven feet [2.13 meters] in height above the fighting area and are padded in a manner as approved by the commissioner.

e.The material surrounding the floor must prevent a contestant from falling out or breaking through the fenced area, including, without limitation, chain link fence coated with vinyl.

f.Any metal portion of the fenced area must be covered, padded, nonabrasive, as approved by the commissioner and without any outside obstruction surrounding it.

g.The fenced area must be illuminated by overhead lights arranged to eliminate shadows and minimize heat and glare. 72-02.2-02-21. Ringside equipment.

1.The promoter or second shall supply the following items approved by the commission for each contestant corner:

a.Enough buckets for contestants;

b.Plastic water bottle and water;

c.Sponges;

d.Surgical tape; and

e.Chairs or stools for contestant use between rounds and for cornerpersons in their corner.

2.The following items also may be placed in the corner:

a.Petroleum jelly, for discretionary use around the eyes;

b.Adrenalin in a manufacturer's premeasured vial in a 1/1000 solution; and

c.Coagulant (avitene, thrombin, thromboplastin, or fibroplastic).

3.A contestant may not use or be administered any other drugs, stimulants, or nonprescription items not listed in this section. 72-02.2-02-22. Scoring system.

The judges shall use the "ten point must system" scoring system based on the guidelines as adopted by the association of boxing commissions and combative sports and in effect on October 1, 2025. The contestant winning the round is awarded ten points and the other contestant is awarded nine or fewer points. If the round is even, each contestant receives ten points. Fractions of points are not permitted. If the referee deducts points, the referee shall inform each judge, who then shall make the deduction on a scorecard.

History: Effective October 1, 2006; amended effective October 1, 2020; October 1, 2025. 72-02.2-02-23. Fouls, deduction of points, and stoppage of match.

This section follows the guidelines as adopted by the association of boxing commissions and combative sports and in effect on January 1, 2026.

History: Effective October 1, 2006; amended effective October 1, 2020; October 1, 2025. 72-02.2-02-24. Stalling or faking.

The results of the contest will follow the guidelines adopted by the association of boxing commissions and combative sports and in effect on October 1, 2025.

History: Effective October 21, 2006; amended effective October 1, 2020; October 1, 2025. 72-02.2-02-26. Amateur contests.

The regulation of an amateur event must follow all these rules with the following modifications:

1.The contestant has never received remuneration directly or indirectly as consideration for the participant's performance in a mixed fighting style competition, boxing, kickboxing, or any other combative sport.

2.The match may not exceed a maximum of five rounds with a maximum of three minutes in each round with a one minute rest period between rounds.

3.Contestants may not make elbow strikes or use knees to contact with the head of the opponent.

History: Effective October 1, 2020. 72-02.2-02-27. Appeal from actions of the commissioner or commission.

An applicant or licensee may appeal any action of the commissioner or commission under this

chapter in denying, suspending, refusing to renew, or revoking a license. The appeal must be performed in accordance with the provisions of North Dakota Century Code chapter 28-32.

History: Effective October 1, 2020.

Article 72-03 Business

Chapter 72-03-01 Series Limited Liability Company

N.D. Admin. Code 72-03-01-01 Definitions

1."Child series" means a series established under North Dakota Century Code section 10-32.1-102.

2."Parent limited liability company" means a limited liability company that functions as an umbrella organization over one or more child series.

N.D. Admin. Code 72-03-01-02 Series disclosure - Domestic

The establishment of a series in an operating agreement must be disclosed to the secretary of

1.The domestic parent limited liability company shall file articles of organization with the secretary of state.

a.If the series is established at the time of the filing of articles of organization of the parent limited liability company, the establishment, along with the name of each child series, must be disclosed in those articles of organization.

b.If the series is established any time after the filing of articles of organization of the parent limited liability company, the establishment, along with the name of each child series, must be disclosed promptly in articles of amendment filed with the secretary of state in compliance with North Dakota Century Code section 10-32.1-21.

2.A copy of the operating agreement may not be accepted by the secretary of state as a form of disclosure of the establishment of a series.

N.D. Admin. Code 72-03-01-03 Series disclosure - Foreign

The establishment of a series in an operating agreement must be disclosed to the secretary of

1.The foreign parent limited liability company promptly shall file a certificate of authority with the secretary of state that complies with subsection 13 of North Dakota Century Code section 10-32.1-102.

a.If the series is established at the time of the filing of the certificate of authority of the parent limited liability company, the establishment, along with the name of each child series that will be transacting business in this state, must be disclosed in that certificate of authority.

b.If the series is established any time after the filing of the certificate of authority of the parent limited liability company, the establishment, along with the name of each child series that will be transacting business in this state, must be disclosed promptly in an amended certificate of authority filed with the secretary of state in compliance with North Dakota Century Code section 10-32.1-77.

2.A copy of the operating agreement may not be accepted by the secretary of state as a form of disclosure of the establishment of a series.

N.D. Admin. Code 72-03-01-04 Child series. 1The name of each child series must be:

a.Provided in the parent limited liability company's articles or amended articles of organization, or certificate or amended certificate of authority, filed with the secretary of state; and

b.Registered as a trade name with the secretary of state under North Dakota Century Code

chapter 47-25, with the owner being the parent limited liability company.

2.For transparency purposes, each child series must be named in accordance with one of the following naming convention options:

a.The name must begin with the full name of the parent limited liability company, followed by the word "series" and the numeric designation beginning with the number 1;

Example:

Parent: Grand Properties LLC Child: Grand Properties LLC Series 1 Child: Grand Properties LLC Series 2 or

b.Words to further differentiate the series may be a part of the name if the words:

(1)Follow the full name of the parent limited liability company;

(2)Are offset by a hyphen at the beginning and at the end of the differentiating words; and (3)Are followed by the word "series" and the numeric designation beginning with the number 1.

Example:

Parent: Grand Properties LLC Child: Grand Properties LLC - Main Street Apartments - Series 1 Child: Grand Properties LLC - Twilight Manor - Series 2

3.If a parent limited liability company amends its name, the name of each child series also must be amended to conform to the naming requirements in this section.

a.The amended child series name must be provided in the amended articles of organization or amended certificate of authority in which the parent limited liability company amends its name; and

b.The trade name of each child series must be canceled and a new trade name must be registered.

N.D. Admin. Code 72-03-01-05 Registered agent

1.A commercial or noncommercial registered agent appointed for the parent limited liability company shall serve as the registered agent for each child series. There is no separate appointment of a registered agent for a child series.

2.A child series may not serve as registered agent for the parent limited liability company.

3.The appointed commercial or noncommercial registered agent shall maintain information on each child series, which must include:

a.The name of each child series;

b.The names and addresses of all members and managers of each child series; and

c.The physical address and either an email address or a telephone number of an individual for each child series who is authorized to receive communications from the registered agent.

4.When the secretary of state is the agent for service of process under subsection 3 of North Dakota Century Code section 10-01.1-13 and a copy of a process, notice, or demand is addressed in accordance with subdivision a of subsection 6 of North Dakota Century Code

section 10-01.1-13, the address is the address of record for the parent limited liability company.

N.D. Admin. Code 72-03-01-06 Annual report

The parent limited liability company shall file an annual report in accordance with North Dakota Century Code section 10-32.1-89. A child series is not separately registered as a limited liability company and does not have annual report requirements in this state.

N.D. Admin. Code 72-03-01-07 Certificates of good standing, existence, and fact

Upon request and payment of fees:

1.A certificate of good standing, existence, or fact may be furnished by the secretary of state on the parent limited liability company.

2.A certificate of fact may be furnished by the secretary of state on a child series trade name registration.

N.D. Admin. Code 72-03-01-08 Termination

1.When a child series ceases to exist:

a.Amended articles of organization or an amended certificate of authority must be filed with the secretary of state to remove the child series name from the articles or certificate; and

b.A request to cancel the trade name of that child series must be filed with the secretary of

2.A parent limited liability company that will no longer operate with child series established under North Dakota Century Code section 10-32.1-102, but will continue to exist as a limited liability company, promptly shall disclose this change by filing, with the secretary of state, articles of amendment in compliance with North Dakota Century Code section 10-32.1-21 or an amended certificate of authority in compliance with North Dakota Century Code section 10-32.1-77.

3.When a parent limited liability company is dissolved, each of its child series ceases to exist and any remaining trade names must be canceled in accordance with North Dakota Century Code section 47-25-07.

History

History: Effective July 1, 2020

Chapter 72-03-02 Name Availability

N.D. Admin. Code 72-03-02-01 Definitions

For purposes of this chapter, unless the context otherwise requires:

1."Keyword" means any word, symbol, or abbreviation that is not:

a.The word "a", when used as an article of speech;

b.The word "an";

c.The word "and" or symbol "&";

d.The word "the";

e.The word "to";

f.The word "with"; or

g.A word, phrase, or abbreviation that indicates a type of organized entity, including "Corporation", "Corp.", "Inc.", "LLC", "LP", "LLP", or "LLLP".

2."Name" means a word or phrase in the secretary of state's records used to identify:

a.A domestic or foreign cooperative, limited liability company, corporation, or real estate investment trust;

b.A domestic or foreign limited liability partnership, limited liability limited partnership, or limited partnership, including a fictitious partnership name;

c.A reserved name;

d.A trade name; or

e.A trademark.

3."Proposed name" means a new or amended name included in a document submitted to the secretary of state for filing.

History

General Authority: NDCC 10-15-08.1(3), 10-19.1-13(2), 10-32.1-11(2), 10-33-10(2), 10-34-04(3)(a),
Law Implemented: NDCC 10-15-08.1, 10-19.1-13, 10-32.1-11, 10-33-10, 10-34-04, 45-10.2-10,

N.D. Admin. Code 72-03-02-02 Applicability of rules

These rules apply to all filings submitted to the secretary of state that require name availability review and are received by the secretary of state on or after the date the secretary of state certifies to the legislative council that all necessary administrative rules and information technology components and systems are ready for implementation of the distinguishable-in-the-records name availability standard, including filings under North Dakota Century Code chapter 10-15, 10-19.1, 10-32.1, 10-33, 10-34, 45-10.2, 45-11, 45-13, 45-22, 45-23, or 47-25.

History

General Authority: NDCC 10-15-08.1(3), 10-19.1-13(2), 10-32.1-11(2), 10-33-10(2), 10-34-04(3)(a),
Law Implemented: NDCC 10-15-08, 10-19.1-13, 10-32.1-11, 10-33-10, 10-34-04, 45-10.2-10,

N.D. Admin. Code 72-03-02-03 Role of secretary of state

1.If a proposed name is distinguishable in the secretary of state's records, the secretary of state shall file the proposed name unless an exception applies.

2.The secretary of state may not make a determination as to whether the use of a proposed name or a name constitutes unfair competition, unfair trade practice, or name infringement with other entities already in existence.

History

General Authority: NDCC 10-15-08.1(3), 10-19.1-13(2), 10-32.1-11(2), 10-33-10(2), 10-34-04(3)(a),
Law Implemented: NDCC 10-15-08.1(d), 10-19.1-13(1)(e), 10-19.1-13(2), 10-19.1-13(3), 10-32.1-11 (1)(e), 10-32.1-11(2), 10-33-10(1)(e), 10-34-04(3)(a), 45-10.2-10(1)(f), 45-10.2-10(2), 45-11-01(3)(c), 45-11-01(4), 45-13-04.1(e), 45-13-04.1(2), 45-13-14.1(2), 45-22-04(1)(e), 45-22-04(2), 45-23-03(1)(f), 47-25-03(1)(c), 47-25-03(2)

N.D. Admin. Code 72-03-02-04 Distinguishable names

Names are distinguishable in the secretary of state's records and are therefore available for use if a comparison of the names reveals sufficient differences. Conditions that qualify as sufficient differences between names include:

1.There is a difference of at least one keyword.

2.The keywords are the same but are in a different order.

3.A keyword is abbreviated.

4.There is a different spelling of a proper name.

5.There is a unique or improper spelling of a keyword.

6.Although phonetically the same, a keyword is spelled differently.

7.The keywords are derived from the same root word.

8.The presence or absence of a contraction.

9.A keyword is singular in one name and plural in another name.

10.The use of roman numerals or number words in place of each other.

History

General Authority: NDCC 10-15-08.1(3), 10-19.1-13(2), 10-32.1-11(2), 10-33-10(2), 10-34-04(3)(a),
Law Implemented: NDCC 10-15-08(1)(d), 10-15-08(3), 10-19.1-13(1)(e), 10-19.1-13(2), 10-32.1-11(1)(e), 10-32.1-11(2), 10-33-10(1)(e), 10-33-10(2), 10-34-04(3), 45-10.2-10(1)(f), 45-10.2-10(f), 45-11-01(3)(c), 45-11-01(4), 45-13-04.1(1)(e), 45-13-04.1(2), 45-22-04(1)(e), 45-22-04(2), 45-23-03(1)(f), 45-23-03(2), 47-25-03(2), 47-25-03(3)(c)

N.D. Admin. Code 72-03-02-05 Indistinguishable names

Names that are not distinguishable in accordance with section 72-03-02-04 are not available for use without written consent under section 72-03-02-10 or a court judgment. The existence of one or more of the following conditions does not make a name distinguishable:

1.The letter case of a keyword is different.

2.The presence or absence of spacing.

History

General Authority: NDCC 10-15-08.1(3), 10-19.1-13(2), 10-32.1-11(2), 10-33-10(2), 10-34-04(3)(a),
Law Implemented: NDCC 10-15-08.1(2), 10-15-08.1(2)(a), 10-19.1-13(3), 10-19.1-13(3)(a), 10-22-10(3)(a), 10-32.1-11(3), 10-32.1-11(3)(a), 10-33-10(3), 10-34-04(3)(a), 45-10.2-10(3), 45-10.2-10(3)(a), 45-11-01(3)(c), 45-13-04.1(3), 45-13-04.1(3)(a), 45-22-04(3), 45-22-04(3)(a), 45-23-03(3), 45-23-03(3)(a), 47-25-03(3)(c)

N.D. Admin. Code 72-03-02-06 Special characters

1.A name or proposed name may contain the following special characters if those special characters are printable characters in the American standard code for information interchange table (character code 32-127): a.!exclamation mark;

b."double quotes; c.#number sign; d.$dollar; e.%percent; f.&ampersand; g.'single quote; h.(open parenthesis (or open bracket); i.)closed parenthesis (or close bracket); j.*asterisk; k.+plus; l.,comma; m.-hyphen (or minus); n..period (or dot or full stop); o./slash (or divide); p.:colon; q.;semicolon; r.<less than (or open angled bracket); s.>greater than (or close angled bracket); t.=equals; u.?question mark; v.@at sign; w.[opening bracket; x.]closing bracket; y.\backslash; z.^caret; aa._underscore; bb.`grave accent; cc.{opening brace; dd.}closing brace; ee.|vertical bar; or ff.~equivalency similarity sign (or tilde).

2.The following special characters may be disregarded for the purpose of determining name availability if the proposed name is likely to mislead the public in accordance with section 72-03-02-09: a.!exclamation mark; b.*asterisk; c.+plus; d.<less than; e.>greater than; f.=equal sign; or g.~equivalency similarity sign (or tilde).

3.A name or proposed name using a special character to represent a word is distinguishable from a name or proposed name using the actual word.

History

General Authority: NDCC 10-15-08.1(3), 10-19.1-13(2), 10-32.1-11(2), 10-33-10(2), 10-34-04(3)(a),
Law Implemented: NDCC 10-15-08.1(1)(a), 10-19.1-13(1)(a), 10-32.1-11(1)(a), 10-33-10(1)(a), 45-10.2-10(1)(a), 45-11-01(3)(a), 45-13-04.1(1)(a), 45-22-04(1)(a), 45-23-03(1)(a), 47-25-03(1)(a)

N.D. Admin. Code 72-03-02-07 Exceptions

The secretary of state may exercise discretion to determine names and proposed names to be indistinguishable if special characters or numbers are used in place of letters, including in the following circumstances: 1.! used as the letter "i". 2.@ used as the letter "a". 3.$ used as the letter "s".

4.A numerical zero used as the letter "o".

History

General Authority: NDCC 10-15-08.1(3), 10-19.1-13(2), 10-32.1-11(2), 10-33-10(2), 10-34-04(3)(a),
Law Implemented: NDCC 10-15-08.1(2), 10-15-08.1(2)(a), 10-19.1-13(3), 10-19.1-13(3)(a), 10-22-10(3)(a), 10-32.1-11(3), 10-32.1-11(3)(a), 10-33-10(3), 10-34-04(3)(a), 45-10.2-10(3), 45-10.2-10(3)(a), 45-11-01(3)(c), 45-13-04.1(3), 45-13-04.1(3)(a), 45-22-04(3), 45-22-04(3)(a), 45-23-03(3), 45-23-03(3)(a), 47-25-03(3)(c)

N.D. Admin. Code 72-03-02-08 Names likely to mislead the public

1.The secretary of state may reject a proposed name if the name indicates a purpose that would be unlawful for the entity to engage in, including:

a.A corporation or limited liability company proposed name may not contain the word "farm", "ranch", or words of like meaning unless:

(1)The proposed name is associated with a farming or ranching corporation, farming or ranching limited liability company, authorized livestock farm corporation, or authorized livestock farm limited liability company incorporated or organized under North Dakota Century Code chapter 10-06.1; or (2)The proposed name contains a word or words qualifying that farming or ranching is not the entity's purpose (for example, "farm supply" or "farm equipment").

b.A proposed name may not contain the word "bank", "trust", or words of like import, unless the filing is accompanied by written approval from the North Dakota department of financial institutions granting use of the word in accordance with North Dakota Century Code sections 6-02-01 and 6-05-02.

c.A proposed name may not contain a word or words indicating the entity provides insurance unless:

(1)The proposed name is associated with an insurer; or (2)The proposed name contains a word or words qualifying that the entity's purpose is not that of an insurer (for example, "insurance agent", "insurance agency", or "insurance broker").

2.The secretary of state may reject a proposed name if the name falsely implies an entity is a government organization or authority or has a government affiliation.

3.The secretary of state may reject a proposed name if the name falsely implies an entity is a professional association or is associated with a specific profession.

History

General Authority: NDCC 10-15-08.1(3), 10-19.1-13(2), 10-32.1-11(2), 10-33-10(2), 10-34-04(3)(a),
Law Implemented: NDCC 6-02-01, 6-05-02, 10-15-08(1)(c), 10-19.1-13(1)(d), 10-32.1-11(1)(d), 10-33-10(1)(d), 45-10.2-10(1)(e), 45-13-04.1(1)(d), 45-22-04(1)(d), 45-23-03(1)(e)

N.D. Admin. Code 72-03-02-09 Form and manner of consent

1.The secretary of state may determine an indistinguishable name or proposed name to be available for use with written consent of the owner of the name from which the proposed name has been determined to be indistinguishable or a court judgment. Proof of consent must be submitted to the secretary of state on a form provided by the secretary of state or on a selfdrafted form or letter containing the following:

a.The exact name in the secretary of state's records from which the proposed name has been determined to be indistinguishable;

b.The name of the owner of the name provided in subdivision a;

c.The proposed name to which consent is being granted;

d.Express consent to the use of the proposed name;

e.The name of the party to whom consent is given;

f.The signature of a person authorized to grant consent; and

g.If there are limitations to the consent, a commitment that the consenting party will monitor and enforce those limitations.

2.The secretary of state shall determine the sufficiency of the consent form or letter provided under subsection 1.

3.In the event there is more than one name existing in the secretary of state's records that is indistinguishable from a proposed name, the proposed name may not be used unless consent is obtained from the owners of all of the indistinguishable existing names.

4.Consent to use a proposed name that is indistinguishable from a name existing in the secretary of state's records must be obtained regardless of the number of times an owner previously may have consented to other names that are indistinguishable or the number of other existing names that are indistinguishable. Consent by the owner of a name to the use of a proposed name may not be construed as consent to the use of any other proposed name that is indistinguishable.

5.When consent to use a proposed name is required of multiple related or subsidiary parties, all parties may be included in a single consent form or letter with a single consent filing fee if one party is authorized to sign the consent for all of the parties.

6.If an owner of a name cannot be contacted for consent, an indistinguishable proposed name may not be filed.

7.If an entity existing in the secretary of state's records is changing its name, dissolving, converting to another form of organization, or merging out of existence, a proposed name that is indistinguishable from the name of the existing entity may not be filed until the change of name, dissolution, conversion, or merger is filed with the secretary of state, unless the document including the proposed name is accompanied by consent to use the name.

History

General Authority: NDCC 10-15-08.1(3), 10-19.1-13(2), 10-32.1-11(2), 10-33-10(2), 10-34-04(3)(a),
Law Implemented: NDCC 10-15-08.1(2), 10-15-08.1(5), 10-19.1-13(3), 10-19.1-13(8), 10-32.1-11(3), 10-32.1-11(7), 10-33-10(3), 10-33-10(8), 10-34-04(3)(a), 45-10.2-10(3)(a), 45-10.2-10(8), 45-11-01(3)(c), 45-13-04.1(3)(a), 45-13-04.1(8), 45-22-04(3)(a), 45-22-04(7), 45-22-04(7)(a), 45-23-03(3)(a), 45-23-03(7), 45-23-03(7)(a), 47-25-03(1)(c), 47-25-03(1)(d)

N.D. Admin. Code 72-03-02-10 Matters not considered

1.In determining the availability of a proposed name, names not in active status in the secretary of state's records are available for use.

2.Among the matters that may not be considered in determining the availability of a proposed name are the following:

a.Whether the purposes or activities of the parties are similar;

b.Whether the parties may be carrying out activities in the same or nearby locations;

c.Whether a comparable situation has previously been acted upon by the secretary of state;

d.Whether an employee of the secretary of state shared views as to the availability prior to the final determination; or

e.Whether the party proposing the name has already used the proposed name or has spent money using the name in the expectation that the name would be available.

History

General Authority: NDCC 10-15-08.1(3), 10-19.1-13(2), 10-32.1-11(2), 10-33-10(2), 10-34-04(3)(a),
Law Implemented: NDCC 10-15-08.1, 10-19.1-13, 10-32.1-11, 10-33-10, 10-34-04, 45-10.2-10,

N.D. Admin. Code 72-03-02-11 Conditions not exclusive

The conditions provided in this chapter are not exclusive. If a situation presents that is not provided for in this chapter, the secretary of state has the discretion to make the determination whether the proposed name is distinguishable and thus available.

History

General Authority: NDCC 10-15-08.1(3), 10-19.1-13(2), 10-32.1-11(2), 10-33-10(2), 10-34-04(3)(a),
Law Implemented: NDCC 10-15-08.1, 10-19.1-13, 10-32.1-11, 10-33-10, 10-34-04, 45-10.2-10,

N.D. Admin. Code 72-03-02-12 Final determination of name availability

1.The final determination on the availability of a proposed name must be made by the secretary of state and may be made after the filing containing the proposed name is submitted to the secretary of state.

2.An opinion given by an employee of the secretary of state on the availability of a name before submission is advisory and is not a final determination that the proposed name is available for use at the time the filing is submitted.

3.A party may use the online business and trademark records search function hosted by the secretary of state to help choose a name that may be acceptable. However, a party's verification that a proposed name does not exist within the business and trademark records search function is not a determination that the proposed name is available for use.

4.A party that does not agree with the secretary of state's determination that a name is not available for use may request reconsideration of that determination by submitting a written request for reconsideration to the secretary of state that includes the reasons for the disagreement.

History

General Authority: NDCC 10-15-08.1(3), 10-19.1-13(2), 10-32.1-11(2), 10-33-10(2), 10-34-04(3)(a),
Law Implemented: NDCC 10-15-08.1(3), 10-19.1-13(2), 10-32.1-11(2), 10-33-10(2), 10-34-04(3)(a),

Article 72-05 Electronic Filings and Signatures

Chapter 72-05-01 Facsimile Filings

N.D. Admin. Code 72-05-01-01 Applicability

These rules are applicable and available to any state agency as defined in North Dakota Century Code section 44-08-04.2 charged by law with the duty of receiving signed, subscribed, or verified documents. Any such document may be submitted by fax as permitted by the state agency and this

chapter.

N.D. Admin. Code 72-05-01-02 Definitions

1."Facsimile filer" or "filer" means a person who transmits or causes to be transmitted a facsimile filing to a state agency.

2."Facsimile filing" or "filing by fax" means the facsimile transmission of a document to a state agency that accepts such documents.

3."Facsimile transmission" means a completed transmission of a document by a system that encodes a document into electrical signals, transmits these electrical signals over a telephone line, and reconstructs the signals to print a duplicate of the original document at the receiving end.

4."Fax" is an abbreviation for "facsimile", and refers, as indicated by the context, to facsimile transmission or to a document so transmitted.

5."Transmission cover sheet" means the transmission document which must include the following information from the facsimile filer: the filer's name, address, and telephone number; the facsimile telephone number of the sending machine; the number of pages sent; the transmission time and date; the identification of the documents transmitted; and any applicable filing deadline and whether the fax should be directed to any particular person at the state agency. If a filing fee is required for the document to be filed, the transmission cover sheet must also contain a valid credit card account number to which the filing fee must be charged, signature of the cardholder authorizing the charging of the fee, and the expiration date of the credit card. The state agency may require additional information to be included in the cover sheet.

6."Transmission record" means the required document printed or created by the sending facsimile machine stating the telephone number of the receiving machine, the number of pages sent, the transmission time and date, and an indication of any errors in transmission.

N.D. Admin. Code 72-05-01-03 General requirements

The document used for transmitting a fax other than a transmission cover sheet must be an original legible document. Any document that exceeds eight and one-half inches [21.59 centimeters] by eleven inches [35.56 centimeters] must be reduced in size to not more than eight and one-half inches [21.59 centimeters] by eleven inches [35.56 centimeters] before it is transmitted. In order for a document to be eligible for filing, it must be received by the state agency in a legible, complete form. If applicable law requires the document to be verified, the notary jurat or equivalent language must be completed and included on the document transmitted by fax. Any notary jurat must be accompanied by a discernible seal or stamp. A state agency accepting a fax filing may require a facsimile filer to file an original of any document that has been filed by fax or to retain the original for any period of time up to the time specified for the particular type of document in the records retention schedule of the state agency.

N.D. Admin. Code 72-05-01-04 Mandatory transmission cover sheet

A facsimile filing must be accompanied by a completed transmission cover sheet. The cover sheet must be the first page transmitted. The state agency shall ensure that any credit card information on the transmission cover sheet not be publicly disclosed.

History

General Authority: NDCC 1-08-12, 44-04-18.9

N.D. Admin. Code 72-05-01-05 Notation of fax filing

Each document transmitted by fax for direct filing with a state agency must contain the phrase "by fax" or "by facsimile" immediately below the title of the document.

N.D. Admin. Code 72-05-01-06 Presumption of filing

A facsimile filer shall cause the transmitting facsimile machine to print a transmission record of each filing by fax. If the facsimile filing is not filed with the state agency because of an error in the transmission of the document to the state agency which was unknown to the facsimile filer or a failure to process the facsimile filing when received by the state agency, the facsimile filer may request that the state agency consider the document to be filed on the date transmitted. The request to the state agency must be accompanied by a sworn statement and a proof of transmission in substantially the following form:

At the time of transmission I was at least 18 years of age. On (date) _______________ at (time) ________________ I transmitted to the (state agency) _____________________ the following document (name) ______________________ by facsimile machine, pursuant to North Dakota Administrative Code Chapter 72-05-01. The state agency's fax telephone number that I used was (fax telephone number) ____________________. The facsimile machine I used complied with the administrative rules and no error was reported by the machine. Pursuant to North Dakota Administrative Code Section 72-05-01-07, I caused the machine to print a transmission record of the transmission, a copy of which is attached to this declaration.

I declare under the pains and penalties of perjury under the laws of the State of North Dakota that the foregoing statement is true and correct. _________________________ Subscribed and sworn to before me this ______ day of ______________. _________________________ Notary Public My Commission Expires ____________________.

N.D. Admin. Code 72-05-01-07 Payment of filing fee by credit or debit card

1.A credit or debit card account acceptable to the state agency may be used to pay for filing fees on facsimile filings made directly to a state agency. The transmission cover sheet for these filings must include the credit or debit card account number to which the fee is be charged, the signature of the cardholder authorizing the charging of the fees, and the expiration date of the credit or debit card.

2.Rejection of charge. If a charge is rejected by the issuing company, the state agency may notify the facsimile filer that the filing is rejected because of the rejected charge. This provision does not prevent a state agency from seeking authorization for the charge before the filing and rejecting the filing if the charge is not approved by the issuing company.

3.Amount of charge. The amount of credit or debit card charge must be the applicable statutory fee, tax, or other authorized charge. An additional fee may not be charged to the facsimile filer in order to accept payment by credit card.

History

General Authority: NDCC 1-08-12, 54-06-08.2

N.D. Admin. Code 72-05-01-08 Automated clearinghouse payments

A facsimile filer may pay for filing fees by establishing an automated clearinghouse debit or credit transaction. The facsimile filer shall contact the state agency to establish the payment procedure prior to the initial automated clearinghouse transaction. The facsimile filer must sign an authorization to be filed with the state agency before an automated clearinghouse debit transaction may be completed.

The facsimile filer must contact the state agency for automated clearinghouse credit transfer instructions to the Bank of North Dakota.

N.D. Admin. Code 72-05-01-09 Signatures

1.Possession of original document. A facsimile filer who files a signed document pursuant to these rules represents that the original signed document is in the filer's possession or control and available for inspection by or delivery to the state agency at any reasonable time and place within the number of years of the filing specified by the agency upon demand by the agency.

2.Validity of signature. A signature on a document accepted for filing by the state agency and filed by facsimile in accordance with these rules has the same validity and consequence as the manually signed signature.

N.D. Admin. Code 72-05-01-10 Availability of state agency fax

A state agency agreeing to accept fax filings shall make its fax machine generally available for receipt of documents during normal business hours on normal business days. This provision does not prevent the state agency from utilizing the fax machine to transmit documents or providing for normal repair and maintenance of the fax machine during these hours.

N.D. Admin. Code 72-05-01-11 Records of fax filings

A state agency may maintain a manual or other log to record incoming fax filings. The log or record may contain a description of the received document and the state agency staff person to whom the document was assigned for filing.

Chapter 72-05-02 Tangible Media Filings (Diskette and CD-ROM)

N.D. Admin. Code 72-05-02-01 Applicability

These rules apply to any state agency as defined in North Dakota Century Code section 44-08-04.2 charged by law with the duty of receiving signed, subscribed, or verified documents. Such a state agency may accept documents transmitted via tangible media such as 3.5 inch [8.89 centimeter] diskettes or CD-ROMs.

N.D. Admin. Code 72-05-02-02 Definitions

1."Mandatory cover sheet" means a form developed by a state agency which must accompany any tangible media filing. The form must identify the filer and list the filer's full post-office address and telephone number. The form may also contain any filing fee information or other pertinent information inserted by the state agency and must identify the documents contained on the tangible media. The form must also contain a statement that the filer filing via the tangible medium has examined it and that it contains true and correct copies of the documents to be filed and that by signing the form acknowledges that the filer is intending to sign, subscribe, or verify documents contained on the tangible medium. The form must contain a line for a manual signature of the filer, any representative capacity, and the date the form was executed. If applicable law requires the document to be verified, the form must also contain a notary jurat or equivalent language.

2."Tangible media" means any tangible media other than paper, which is capable of storing documents and converting the documents into readable usable form by a state agency through the use of existing state agency equipment and associated software. Tangible media include 3.5 inch [8.89 centimeter] diskettes and compact discs - read-only memory (CD-ROMs) and any other tangible media that may exist and which meet the requirements of this chapter.

N.D. Admin. Code 72-05-02-03 General requirements

The tangible media employed by the filer must be of a type acceptable to the state agency and usable by the state agency utilizing its current electronic equipment and software. It must be of a type and format that produces a clear readable usable document.

N.D. Admin. Code 72-05-02-04 Mandatory cover sheet

A tangible media filing must be accompanied by the mandatory filing cover sheet as defined in this

chapter. In addition, the tangible media object or any case or container in which it is contained or enclosed must be labeled with the filer's name, address, and a brief description of the documents contained therein.

N.D. Admin. Code 72-05-02-05 Tangible media to be inspected by a state agency

Any tangible media submitted for filing under this chapter must be examined by the state agency within a reasonable time after presentment. The examination may include any virus check or security check to ensure the safety and security of the state agency's systems, equipment, and software. If the tangible media cannot produce a readable usable form of the document, the state agency shall notify the filer filing the tangible media in writing informing the filer that the tangible media is unreadable, damaged, or not usable by the state agency and requesting that the filer submit a new tangible media object. If the new tangible media object is received not later than thirty days from the date the written notice is sent by the state agency, the new tangible media object will be deemed to have been filed as of the date originally submitted. A tangible media filing submitted other than in conformity with this

chapter may be rejected by the agency and may not be deemed filed for any purpose.

N.D. Admin. Code 72-05-02-06 Records retention

Any tangible media object that has been accepted for filing by a state agency must be retained in conformity with its records retention schedule.

N.D. Admin. Code 72-05-02-07 Signatures

1.Possession of original document. Any filer filing by tangible media pursuant to these rules represents that the original signed document is in the filer's possession or control and is available for examination and inspection by or delivery to the state agency at any reasonable time and place within the number of years of the filing specified by the agency.

2.Signature on mandatory cover sheet deemed an original valid signature. A manual signature on a mandatory cover sheet accompanying any tangible media filing under this

chapter that is accepted by the state agency and which complies with this chapter has the same validity and consequence as if the signature had been appended to the document contained on the tangible media.

Chapter 72-05-03 Password and Pin Filings [Reserved]

N.D. Admin. Code 72-05-03 Password and Pin Filings [Reserved]

CHAPTER 72-05-03

PASSWORD AND PIN FILINGS [Reserved]

Chapter 72-05-04 Digital Signatures [Reserved]

N.D. Admin. Code 72-05-04 Digital Signatures [Reserved]

CHAPTER 72-05-04

DIGITAL SIGNATURES [Reserved]

Chapter 72-05-05 Biometric Authentication [Reserved]

N.D. Admin. Code 72-05-05 Biometric Authentication [Reserved]

CHAPTER 72-05-05

BIOMETRIC AUTHENTICATION [Reserved]

Article 72-06 Elections

Chapter 72-06-01 Certifying and Decertifying Electronic Voting Systems

N.D. Admin. Code 72-06-01-01 Definitions

1."Company" means any company, corporation, limited liability company, or other entity engaged in the business of supplying electronic voting systems.

2."EAC" means the federal election assistance commission or any entity or agency succeeding to its function or role.

History

History: Effective March 1, 2004; amended effective July 1, 2006.

N.D. Admin. Code 72-06-01-02 Certification by secretary of state of electronic voting systems

Prior to procurement and subsequent use in this state, a company supplying electronic voting systems shall give written notice to the secretary of state and provide a demonstration certifying that its system complies with applicable laws and is certified by a voting system test laboratory accredited by the EAC. If the secretary of state approves the voting system, the secretary of state shall issue a certificate of approval.

Any substantive changes or modifications in electronic voting systems may be certified by the secretary of state with or without the demonstration described in this section for initial approval provided that the modified system has been certified by a voting system test laboratory accredited by the EAC.

History

History: Effective March 1, 2004; amended effective July 1, 2006; April 1, 2008.
Law Implemented: NDCC 16.1-06-10.1, 16.1-06-11, 16.1-06-14, 16.1-06-26

N.D. Admin. Code 72-06-01-03 Decertification by secretary of state of electronic voting systems

The secretary of state may decertify and revoke a certificate of approval of any electronic voting system previously certified according to section 72-06-01-02 if the secretary of state becomes aware that:

1.Any substantial modification was made to the electronic voting system that was not certified according to section 72-06-01-02; or

2.Documented evidence exists showing malfunctioning by the electronic voting system that cannot be explained by user or operator error, and which the company cannot adequately or chooses not to account for.

History

History: Effective March 1, 2004; amended effective July 1, 2006.
Law Implemented: NDCC 16.1-06-14, 16.1-06-26

N.D. Admin. Code 72-06-01-04 Criteria for approving direct recording electronic voting systems

Repealed effective January 1, 2022.

N.D. Admin. Code 72-06-01-05 Defining a vote on digital scan ballots used as a part of an electronic voting system

A voting mark that touches the oval on a digital scan ballot used as a part of an electronic voting system shall be counted as if it were in the oval. A name of an individual who is eligible to be elected which is written or entered by a voter on the space provided for write-in votes must be counted as a vote whether or not the oval is darkened and provided there exist no other marks made by the voter for that contest which would make it impossible to determine the intent of the voter.

History

History: Effective March 1, 2004; amended effective July 1, 2006; January 1, 2022.

N.D. Admin. Code 72-06-01-06 Defining a vote on direct recording electronic voting systems

Repealed effective January 1, 2022.

N.D. Admin. Code 72-06-01-07 Temporarily defining a vote on new electronic voting system, not otherwise addressed in this chapter

After certifying a new electronic voting system according to section 72-06-01-01 which is not otherwise addressed in this chapter, and within sixty days following the issue of a certificate of approval by the secretary of state, the secretary of state shall temporarily define and publicize what constitutes a vote on the newly certified voting system, which will govern until a permanent definition is adopted by

rule.

History

History: Effective March 1, 2004; amended effective July 1, 2006; January 1, 2022.

N.D. Admin. Code 72-06-01-08 Criteria for approving ballot marking devices

Before the secretary of state grants a certificate of approval, the following capabilities or features of a ballot marking device must be demonstrated to the secretary of state or the secretary of state's designee upon such official's request. As used in this section, the term "device" means ballot marking device. The secretary of state may grant a certificate of approval for a device if the device fulfills the applicable subsection requirements of North Dakota Century Code section 16.1-06-14 and is approved or certified by the EAC. The secretary of state may also require that one or more of the following capabilities or features also be included in a system prior to its approval:

1.Presents the entire ballot to the voter in a series of sequential screens that include methods to ensure the voter sees all ballot options on all screens before completing the vote and allows the voter to review all ballot choices before casting a ballot;

2.Does not allow the voter to over vote or cross-party vote and informs the voter if a contest has been under voted;

3.Is an electronic computer-controlled voting system that provides for direct marking of the voter's choices on a paper ballot without tabulation of votes cast;

4.Has a battery backup system that, at a minimum, allows voting to continue uninterrupted for two hours without external power;

5.Is designed to accommodate multiple ballot styles in each election precinct and multiple precincts;

6.Has a real-time clock capable of recording and documenting the total time polls are open in a precinct and capable of documenting the opening and closing of polls;

7.Complies with the disability voting requirements of the Help America Vote Act [Pub. L.

107-252; 42 U.S.C. 15301-15545];

8.For security purposes, along with each associated activating and recording device and component, employs a unique, electronically implanted election-specific internal security code such that the absence of the security code prevents operation;

9.Has a color touchscreen that is at least fifteen inches [38.1 centimeters] in diagonal measure;

10.Has an option to accommodate a wheelchair voter without intervention of the poll worker other than a minor adjustment such as the angle of the display, and the voter must be able to vote in a face-first position so that privacy is maintained with the ballot surface adjusted to a vertical position;

11.Has wheels so that the system may be easily rolled by one person on rough pavement and rolled through a standard thirty-inch [76.2-centimeter] doorframe if the net weight of the system, or aggregate of voting device parts, is over twenty pounds [9.07 kilograms];

12.Is activated by an official election ballot;

13.Upon activation is able to detect any premarked votes, and if votes are present, the device will not allow the voter to mark any additional votes with the device;

14.Has the capability to display, both visually and through voice files, the marked votes on a paper ballot for the benefit of a person who is not able to read or see the marks on the ballot and who desires an independent verification of marked votes prior to casting and tabulation of the votes;

15.The system central processing unit is designed so that no executable code may be launched from random access memory. If the operating system is open or widely used, it must be an embedded system;

16.Has a programmable memory card that plugs into the system. This programmable memory card shall contain the ballot definitions;

17.Has a self-contained, internal backup battery that powers all components of the system that are powered by alternating current power. In the event of a power outage, the self-contained, internal backup battery power shall engage with no disruption of operation or loss of ballot definitions;

18.Has the capability to support early voting; and

19.Has internal operating system software or firmware that:

a.Is specifically designed and engineered for the election application;

b.Is contained within each ballot marking device;

c.Is stored in a nonvolatile memory within each terminal;

d.Includes internal quality checks such as purity or error detection and correction codes; and

e.Includes comprehensive diagnostics to ensure that failures do not go undetected.

History

History: Effective July 1, 2006; amended effective January 1, 2022.
Law Implemented: NDCC 16.1-06-14, 16.1-06-26

Chapter 72-06-02 Notification to Military and Overseas Voter of Rejection of Absentee Ballot Request

N.D. Admin. Code 72-06-02-01 Absentee ballot request rejection notice

The secretary of state shall provide county auditors with a procedure and a form to utilize when notifying a military or overseas voter that the voter's request for an absentee ballot was rejected and the reason for the rejection.

History

History: Effective March 1, 2004.
General Authority: NDCC 16.1-01-01(3)
Law Implemented: NDCC 16.1-01-01(3); Pub. L. 107-252; 116 Stat. 1666; 42 USC 1973ff-1

Chapter 72-06-03 Tribal Identification for Voting

N.D. Admin. Code 72-06-03-01 Definitions

1."Federal" as used in paragraphs three and five of subdivision b of subsection 3 of North Dakota Century Code section 16.1-01-04.1 includes tribal governments within the state.

2."Supplemental documentation", for the purpose of voting, means documents provided by the sources listed in subdivision b of subsection 3 of North Dakota Century Code section 16.1-01-04.1, including tribal governments in North Dakota, that correct, explain, or add to the information included on an individual's current identification relating to name, date of birth, and residential street address.

3."Tribal government" means the officially recognized government of any Indian tribe, nation, or other organized group or community located in North Dakota exercising self-government powers and recognized as eligible for services provided by the United States. The term includes:

a.The bureau of Indian affairs working on behalf of a tribal government located in North Dakota; or

b.A tribal agency or entity of any tribal government located in North Dakota.

N.D. Admin. Code 72-06-03-02 Tribal identification

A valid tribal identification for the purposes of voting may be any document deemed official by a tribal government, issued by a tribal government in this state to a tribal member residing in North Dakota, and listing the tribal member’s name, date of birth, and residential street address. The secretary of state shall provide a form that a tribal government may use to provide a valid form of voting identification to any tribal members that do not already have a tribal identification, North Dakota driver's license, or North Dakota nondriver's identification. A tribal government may use any form prescribed by the tribal government instead of the form provided by the secretary of state, so long as the form is consistent with this section and North Dakota Century Code section 16.1-01-04.1.

N.D. Admin. Code 72-06-03-03 Central voter file and tribal identification

To expedite the use of tribal identification for tribal members residing in North Dakota, the secretary of state shall enter into a memorandum of agreement at the request of any tribal government located in North Dakota for the purposes of receiving tribal identification information regarding tribal members for entry and secure storage in the central voter file. The information provided must be added to a record that already exists in the central voter file or must be used to create a new record if no record for the individual exists in the file. On a regular basis, which must be outlined in the memorandum of agreement, the tribal government shall provide to the secretary of state any changes to a record that have been received from tribal members, which the secretary of state shall use to update the records in the central voter file.

The information provided from tribal governments to the secretary of state for the central voter file must include the tribal member's:

1.Full legal name;

2.Date of birth;

3.Current residential street address in North Dakota;

4.Current mailing address;

5.Tribal identification number;

6.If applicable, the North Dakota driver's license or nondriver's identification number issued to the individual from the department of transportation; and

7.If necessary, any other information that would assist the secretary of state in assigning the tribal member to the proper precinct in which the member resides.

Any memorandum of agreement entered into pursuant to this section must comply with requirements of North Dakota Century Code chapter 54-40.2.

N.D. Admin. Code 72-06-03-04 Supplemental documentation

The secretary of state shall provide a form that a tribal government may use for the purpose of providing supplemental documentation to a tribal member whose identification does not provide the tribal member's current name, date of birth, or residential street address. The supplemental documentation provided by a tribal government to a tribal member must be brought by the member to the polling place along with the identification and presented to the poll worker for the correct ballot to be issued. For tribal members voting by absentee or mail ballot, a copy of the supplemental documentation must be provided along with the application for the ballot. A tribal government may use any form prescribed by the tribal government instead of the form provided by the secretary of state, so long as the form is consistent with this section and North Dakota Century Code section 16.1-01-04.1.

The secretary of state shall provide a form that may be used by a federal, state, or local government to provide supplemental documentation to an individual for the purpose of voting.

N.D. Admin. Code 72-06-03-05 Tribal members voting a set aside ballot

In counties that include tribal reservation land, immediately after the election, the secretary of state shall send to the applicable tribal government by electronic mail the names of all individuals whose marked ballot was set aside because the identification provided did not contain current information.

Prior to the meeting of the county canvassing board occurring on the sixth day after the election, the tribal government may respond to the secretary of state with correct information that was missing or not current for any tribal member included in the list of individuals who marked a set aside ballot. The secretary of state shall provide a form for the tribal government to use to respond with correct or missing information. A tribal government may use any form prescribed by the tribal government instead of the form provided by the secretary of state, so long as the form is consistent with this section and North Dakota Century Code section 16.1-01-04.1.

Upon receipt of the information provided by the tribal government, the secretary of state shall update the central voter file with the correct or current information and shall notify the county auditor of the county in which the tribal member resides that the set aside ballot for the member must be counted at the meeting of the canvassing board.

Chapter 72-01

N.D. Admin. Code 72-01

ARTICLE 72-01

GENERAL ADMINISTRATION [Repealed effective July 1, 2016]

Chapter 72-02

N.D. Admin. Code 72-02

ARTICLE 72-02

ATHLETIC COMMISSIONER [Superseded by Article 72-02.1]

Chapter 72-02.1

N.D. Admin. Code 72-02.1

ARTICLE 72-02.1

ATHLETIC COMMISSIONER [Repealed effective May 1, 1992]

Chapter 72-04

N.D. Admin. Code 72-04

ARTICLE 72-04

RECORDS MANAGEMENT AND CENTRAL MICROFILM [Redesignated as Article 4-05]