§ 43-01-16 — Cancellation or denial of certificate - Discipline

North Dakota § 43-01-16

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-01: Abstracters

Text

The board, after receiving a written and signed complaint alleging a violation of any ground
for discipline under this section and upon thirty days' notice, may require any person, firm,
corporation, or limited liability company holding a certificate of authority, or any person holding a
certificate as a registered abstracter, to show cause why the same should not be canceled or
other disciplinary measures taken. The board may deny an application for a certificate of
authority or a certificate of registration for any reason that a certificate of authority or a certificate
of registration may be canceled or disciplinary measures taken. A certificate of authority or

certificate of registration may be canceled or disciplinary measures taken, however, only for one
or more of the following reasons:
1. Violation of the provisions of this chapter or the board's administrative rules by the
holder.
2. If the holder thereof has been convicted of an offense determined by the board to have
a direct bearing upon the holder's ability to serve the public as an abstracter, or if,
following conviction of an offense, the board finds the holder is not sufficiently
rehabilitated under section 12.1-33-02.1.
3. A finding by the board that the holder is guilty of habitual carelessness, inattention to
business or unreasonable timeliness of service, or intoxication or the use of drugs to
such an extent as to incapacitate the holder for business, including not preparing an
abstract as requested under section 43-01-15.1.
4. A finding by the board that the holder is guilty of fraudulent practices.
5. A certificate of authority may be canceled, or other disciplinary measures taken, upon
the failure of the holder thereof to provide additional security as provided by section
43-01-12, or upon failure to file an abstracter's liability policy in lieu of any canceled
policy, before such cancellation becomes effective, or a surety bond in place thereof.
The board may inspect an abstracter's records to determine compliance with this chapter or
rules adopted under this chapter. The board may adopt rules under chapter 28-32 addressing
discipline of abstracters, including establishing standards for timeliness of service based on a
presumed standard turnaround time of three weeks or less. If the certificate of authority is held
by a firm, corporation, or limited liability company, the provisions of this section shall be
applicable to the members, officers, or managers thereof. Disciplinary measures that the board
may take include canceling or suspending a certificate of authority or certificate of registration,
requiring additional education, establishing a mentor or monitor, restricting practice parameters,
or imposing a monetary penalty of no greater than five hundred dollars for each violation. In
addition, an individual or organization found in violation of the requirements of this section may
be assessed costs, including attorney's fees, by the board. An entity whose certificate of
authority has been canceled or suspended must surrender all customer abstracts and pending
orders to the board immediately upon being notified of the cancellation or suspension. The
board shall take reasonable measures to contact the customers.