§ 12-63-12 — Grounds for denial, revocation, or suspension of license - Adverse license action - Appeal

North Dakota § 12-63-12

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

Text

action - Appeal.
1. The board shall deny a license, refuse to renew a license, suspend a license, revoke a
license, or impose probationary conditions if the individual has been convicted or pled
guilty or nolo contendere before a court of competent jurisdiction in any state, or
before any court, of a felony offense.
2. The board may deny a license, refuse to renew a license, suspend a license, or revoke
a license, or may impose probationary conditions if the individual:
a. Has been convicted or pled guilty or nolo contendere before a court of competent
jurisdiction in any state, or before any court, of an offense involving domestic
violence or violation of a domestic violence restraining order, an offense involving
child abuse or neglect, an offense involving firearms under title 12.1 or title 62.1,
or another criminal offense determined by the board to have a direct bearing
upon an individual's ability to serve as a peace officer, or the board determines,
following a conviction or adjudication, that the individual is not rehabilitated under
section 12.1-33-02.1.
b. Has used unjustified deadly force in the performance of the duties as a peace
officer as described in section 12.1-05-07.
c. Has made a false material statement under oath to the board.
d. Has made a false material statement to the board while obtaining or renewing a
license or permit.
e. Has a psychological or physical condition and the individual is deemed unable to
safely and competently perform the duties of a peace officer.
f. Has violated a provision of this chapter or a rule of the board.
3. Denial, refusal to renew, suspension, revocation, or imposition of probationary
condition on a license may be ordered by the board after a hearing in accordance with
chapter 28-32. An application for reinstatement may be made to the board one year
from the date of the refusal to renew or the revocation of the license. The board may
accept or reject an application for reinstatement and may hold a hearing to consider
the reinstatement. The board may require an applicant complete a physical or
psychological examination, or both, by a psychologist, licensed physician, or other
qualified evaluation professional selected by the board before reinstatement. The
board may examine and review any relevant medical or psychological records
associated with the applicant's examination. A written request from the board is legal

authorization to release medical or psychological information pertinent to peace officer
licensure. The board shall deny licensure or reinstatement of an applicant if the
applicant refuses to release requested medical or psychological information. 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. In the case of
a denial of an application, the applicant may not reapply for a period of one year from
the date of the order of denial.
4. An appeal from the final decision of the board to refuse to issue, to not renew, to
suspend, or to revoke a license may be made to the district court. Venue is the county
in which the aggrieved individual resides. The appeal must be made within thirty days
from the service of the decision on the individual.