§ 23-27.1-11 — Coordinated database

North Dakota § 23-27.1-11

• Jurisdiction: North Dakota
• Title 23: Health and Safety
• Ch. 23-27.1: Emergency Medical Services Personnel Licensure Interstate Compact

Text

1. The commission shall provide for the development and maintenance of a coordinated
database and reporting system containing licensure, adverse action, and significant
investigatory information on all licensed individuals in member states.
2. Notwithstanding any other provision of state law to the contrary, a member state shall
submit a uniform data set to the coordinated database on all individuals to whom this
compact is applicable as required by the rules of the commission, including:
a. Identifying information;
b. Licensure data;
c. Significant investigatory information;
d. Adverse actions against an individual's license;
e. An indicator that an individual's privilege to practice is restricted, suspended, or
revoked;
f. Nonconfidential information related to alternative program participation;
g. Any denial of application for licensure, and the reason for such denial; and
h. Other information that may facilitate the administration of this compact, as
determined by the rules of the commission.
3. The coordinated database administrator shall promptly notify all member states of any
adverse action taken against, or significant investigative information on, any individual
in a member state.
4. Member states contributing information to the coordinated database may designate
information that may not be shared with the public without the express permission of
the contributing state.
5. Any information submitted to the coordinated database that is subsequently required
to be expunged by the laws of the member state contributing the information must be
removed from the coordinated database.

23-27.1-12. Rulemaking.
1. The commission shall exercise its rulemaking powers pursuant to the criteria set forth
in this section and the rules adopted thereunder. Rules and amendments are binding
as of the date specified in each rule or amendment.
2. If a majority of the legislatures of the member states rejects a rule, by enactment of a
statute or resolution in the same manner used to adopt the compact, then such rule
has no further force and effect in any member state.
3. Rules or amendments to the rules must be adopted at a regular or special meeting of
the commission.
4. Prior to promulgation and adoption of a final rule or rules by the commission, and at
least sixty days in advance of the meeting at which the rule will be considered and
voted upon, the commission shall file a notice of proposed rulemaking:
a. On the website of the commission; and
b. On the website of each member state emergency medical services authority or
the publication in which each state would otherwise publish proposed rules.
5. The notice of proposed rulemaking must include:
a. The proposed time, date, and location of the meeting in which the rule will be
considered and voted upon;
b. The text of the proposed rule or amendment and the reason for the proposed
rule;
c. A request for comments on the proposed rule from any interested person; and
d. The manner in which interested persons may submit notice to the commission of
their intention to attend the public hearing and any written comments.
6. Prior to adoption of a proposed rule, the commission shall allow persons to submit
written data, facts, opinions, and arguments, which must be made available to the
public.
7. The commission shall grant an opportunity for a public hearing before it adopts a rule
or amendment if a hearing is requested by:
a. At least twenty-five persons;
b. A governmental subdivision or agency; or
c. An association having at least twenty-five members.
8. If a hearing is held on the proposed rule or amendment, the commission shall publish
the place, time, and date of the scheduled public hearing.
a. All persons wishing to be heard at the hearing shall notify the executive director
of the commission or other designated member in writing of their desire to appear
and testify at the hearing not less than five business days before the scheduled
date of the hearing.
b. Hearings must be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing.
c. No transcript of the hearing is required, unless a written request for a transcript is
made, in which case the person requesting the transcript shall bear the cost of
producing the transcript. A recording may be made in lieu of a transcript under the
same terms and conditions as a transcript. This section does not preclude the
commission from making a transcript or recording of the hearing if it so chooses.
d. Nothing in this section may be construed as requiring a separate hearing on each
rule. Rules may be grouped for the convenience of the commission at hearings
required by this section.
9. Following the scheduled hearing date, or by the close of business on the scheduled
hearing date if the hearing was not held, the commission shall consider all written and
oral comments received.
10. The commission shall, by majority vote of all members, take final action on the
proposed rule and shall determine the effective date of the rule, if any, based on the
rulemaking record and the full text of the rule.
11. If no written notice of intent to attend the public hearing by interested parties is
received, the commission may proceed with promulgation of the proposed rule without
a public hearing.

12. Upon determination that an emergency exists, the commission may consider and
adopt an emergency rule without prior notice, opportunity for comment, or hearing,
provided the usual rulemaking procedures provided in the compact and in this section
are retroactively applied to the rule as soon as reasonably possible, in no event later
than ninety days after the effective date of the rule. For the purposes of this provision,
an emergency rule is one that must be adopted immediately in order to:
a. Meet an imminent threat to public health, safety, or welfare;
b. Prevent a loss of commission or member state funds;
c. Meet a deadline for the promulgation of an administrative rule that is established
by federal law or rule; or
d. Protect public health and safety.
13. The commission or an authorized committee of the commission may direct revisions to
a previously adopted rule or amendment for purposes of correcting typographical
errors, errors in format, errors in consistency, or grammatical errors. Public notice of
any revisions must be posted on the website of the commission. The revision is
subject to challenge by any person for a period of thirty days after posting. The
revision may be challenged only on grounds that the revision results in a material
change to a rule. A challenge must be made in writing and delivered to the chair of the
commission before the end of the notice period. If a challenge is not made, the
revision will take effect without further action. If the revision is challenged, the revision
may not take effect without the approval of the commission.