§ 20.1-03-39 — Guides and outfitters restrictions

1. The license of a guide or outfitter may be denied, revoked, or suspended, or placed on
probation by the director if:

a. The licensee, while carrying out the business of guiding or outfitting, engages in
conduct detrimental to the image and professional integrity of the guiding and
outfitting industry;
b. The licensee willfully and substantially misrepresented that person's facilities,
prices, equipment, services, or hunting or fishing opportunities as a guide or
outfitter;
c. The licensee has been convicted of an offense not listed in this section which is
determined by the director to have a direct bearing on the licensee's ability to
serve the public as a guide or outfitter;
d. The licensee is addicted to the use of intoxicating liquors, narcotics, or stimulants
to the extent the licensee's performance of professional duties is affected;
e. The licensee has become not qualified, or has violated any rule for the licensing
of a guide or outfitter by the director;
f. The licensee is convicted of violating state or federal criminal law pertaining to
hunting, fishing, or trapping, or if the director finds by clear and convincing
evidence that such a violation has occurred;
g. The licensee provided guiding or outfitting services to a person that had not
obtained the appropriate license for the species sought by that person; or
h. A licensed outfitter utilized any unlicensed person to perform outfitter or guide
services on behalf of the outfitter. This subsection applies to outfitters regardless
of whether the person who performed the service is otherwise exempt under
subsection 4 of section 20.1-03-36.1.
2. For the purpose of administrative sanctions, an outfitter is liable if a guide violates a
criminal provision of this chapter or a state or federal criminal law pertaining to hunting,
fishing, or trapping while guiding on behalf of the outfitter. It is an affirmative defense if
the outfitter reported the violation to the department or law enforcement when the
outfitter discovered the violation or has not had more than two independent violations
by a guide working on behalf of the outfitter in the previous three-year period and the
outfitter did not aid in or attempt to conceal evidence of the violation. A guide is liable if
a client violates a state or federal criminal law pertaining to hunting, fishing, or trapping
if the guide knowingly aids in the violation or knows of the violation and the guide or
client fail to report the violation to the department within a reasonable time.
3. Notwithstanding chapters 45-11 and 47-25, another person may not use a name,
business name, fictitious name, trade name, internet address, world wide web uniform
resource identifier, place of business, or telephone number of an outfitter who has
been convicted of a violation at least three years from the time of the conviction except
on permission from the director after a determination by the director that the new
business is significantly separate from the previous business and the new business
does not employ, contract with, or receive assistance from any person who has been
prohibited from guiding or outfitting.