This text of North Dakota § 38-08.1-03.1 (Surety bond - Certificate - Release) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.A geophysical exploration contractor desiring to engage in geophysical exploration in
this state shall file with the commission a good and sufficient surety bond in the
amount of fifty thousand dollars if the contractor intends to conduct shot hole
operations or in the amount of twenty-five thousand dollars if the contractor intends to
use any other method of geophysical exploration. Each subcontractor engaged by the
geophysical exploration contractor for the drilling or plugging of seismic shot holes
must file with the commission a good and sufficient surety bond in the amount of ten
thousand dollars. The bond must be in a form prescribed by the commission and must
indemnify all owners of property within the state, including the state and its political
subdivisions, against physical da
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1. A geophysical exploration contractor desiring to engage in geophysical exploration in
this state shall file with the commission a good and sufficient surety bond in the
amount of fifty thousand dollars if the contractor intends to conduct shot hole
operations or in the amount of twenty-five thousand dollars if the contractor intends to
use any other method of geophysical exploration. Each subcontractor engaged by the
geophysical exploration contractor for the drilling or plugging of seismic shot holes
must file with the commission a good and sufficient surety bond in the amount of ten
thousand dollars. The bond must be in a form prescribed by the commission and must
indemnify all owners of property within the state, including the state and its political
subdivisions, against physical damages to property which may result from geophysical
exploration and the plugging of drill holes. The bond must cover all geophysical
exploration and plugging operations conducted within one year of the date the bond is
issued and must be automatically renewed unless the commission and the person
covered by the bond receive notice sixty days before any anniversary date of the
surety's intent not to renew the bond. If the surety does not renew the geophysical
exploration contractor's bond, the surety's liability under the bond ceases six years
from the date that geophysical exploration or reclamation covered by the bond was
last conducted in the state. If the surety does not renew the drilling or plugging bond,
the surety's liability under the bond ceases two years from the date the drilling and
plugging covered by the bond was last conducted in this state. A person required to
post a bond under this subsection may post cash or a certificate of deposit in lieu of
the bond under rules adopted by the commission.
2. The aggregate liability of the surety on the bond may in no event exceed the amount of
the bond.
3. Upon filing the bond required by this section and presenting a certificate of authority to
transact business in this state issued under section 10-19.1-136, a certificate of
incorporation issued under chapter 10-19.1, or some other certificate issued by the
secretary of state showing the name of the person designated as resident agent for
service of process, the commission shall issue to the person desiring to engage in
geophysical exploration or plugging operations or any subcontractor of that person a
certificate showing that the bond has been filed and showing the name and address of
the surety company and the name of the person designated resident agent for service
of process.
4. The proceeds of a surety bond become the property of the commission or the cash or
certificate of deposit posted in lieu of a surety bond may not be returned to that person
if the principal or person posting the bond, cash, or certificate of deposit fails to comply
with this chapter and rules adopted by the commission under this chapter. This must
be determined by the commission after notice and hearing in accordance with rules
adopted by the commission. Notice of the hearing must be given to the principal and
surety on the bond or to the person posting the cash or certificate of deposit by mailing
a copy of the notice of hearing and a copy of a complaint, stating the grounds for
forfeiture to them, filed by the commission. This must be done by certified mail, return
receipt requested, and addressed to their last-known address listed with the
commission. If the principal or surety or person posting the cash or certificate of
deposit has a defense to, or otherwise wishes to contest the complaint of the
commission, that person must file a written statement or answer setting forth the
defense with the commission at least three business days before the commission
hearing. Any defense or reason for contesting the complaint is waived if that person
fails to do so. The commission may treat the failure to file a defense or reason to
contest the complaint or the failure to appear at the hearing as default by the party. If
the commission determines the principal on the bond or the person posting the cash or
certificate of deposit as security has complied with this chapter and rules adopted by
the commission under this chapter, including the proper plugging of wells and seismic
holes and reclamation of the surrounding affected area, with respect to all operations
secured by the bond, the commission shall release the obligation of the bond or return
the cash or certificate of deposit upon its next anniversary date.