§ 12-63-04 — Board - Powers - Duties - Authority

North Dakota § 12-63-04

• Jurisdiction: North Dakota
• Title 12: Corrections, Parole, and Probation
• Ch. 12-63: Peace Officer Standards, Training, and Licensing

Text

The board shall administer, coordinate, and enforce the provisions of this chapter, evaluate
the qualifications of applicants, and approve the examinations for licensing under this chapter.
1. The board shall:
a. Prescribe the criteria for certification of basic, advanced, and specialized peace
officer training curriculum, instructors, and schools;
b. Certify curriculum, instructors, schools, and officers that have met the training
certification criteria;
c. Establish the curriculum for basic and advanced peace officer training; and
d. Prescribe minimum standards of sidearm training and certification for peace
officers before they may carry a sidearm.
2. The board shall keep records and minutes necessary to carry out its functions. The
board may:
a. Issue subpoenas, examine witnesses, administer oaths, and investigate
allegations of practices violating the provisions of this chapter or rules adopted by
the board.
b. If the board deems an examination to be in the best interest of public safety,
require, with cause, any licensed peace officer complete a physical or
psychological examination, or both, by a psychologist, licensed physician, or
other qualified evaluation professional selected by the board to determine mental
and physical competency.
c. Examine and review any medical or psychological records, including test results
relative to the examination or treatment of the licensed police officer under
subdivision b. A written request from the board is legal authorization to release
medical and psychological information pertinent to peace officer licensure. The
medical or psychological information provided to the board is not subject to
section 44-04-18 and section 6 of article XI of the Constitution of North Dakota.
d. Examine, under oath, any applicant for licensing.
e. Examine, under oath, any licensed peace officer during a hearing to suspend,
revoke, or to not renew a license of a peace officer.
f. Adopt rules relating to the professional conduct of peace officers and to
implement the requirements of this chapter, including rules relating to
professional licensure, continuing education, and ethical standards of practice, for
persons holding a license to practice peace officer duties.
g. Expend funds to sponsor training for instruction of licensees, including up to fifty
thousand dollars annually from fees collected by the board.
3. The board shall adopt rules relating to the professional conduct of licensed peace
officers involved in confidential informant agreements under chapter 29-29.5, and shall
receive complaints and make determinations if an officer's conduct violated the
protections provided in chapter 29-29.5. Annually, the board shall conduct an audit
evaluating the effectiveness of confidential informant training requirements.
4. The board shall establish penalties and enforce violations of protections provided in
chapter 29-29.5. The penalties established must be formulated based on the nature,
severity, gravity, and recurrence of violations. The board may deny, suspend, or revoke
a license or may impose probationary conditions, including remedial training.
5. The board may issue certifications indicating whether law enforcement agencies
comply with requirements for grant funding purposes.