§ 43-19.1-26 — Disciplinary action - Procedure

North Dakota § 43-19.1-26

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-19.1: Professional Engineers and Land Surveyors

Text

Any person may file charges of fraud, deceit, gross negligence, incompetence, misconduct,
or violation of the code of ethics against any individual registrant. Such charges must be in
writing and must be filed with the executive director for the board. All charges, unless dismissed
by the board as unfounded or trivial, must be heard by the board following the filing of charges
unless the accused registrant waives this requirement. The board may resolve a disciplinary
action at any time through informal disposition as provided in section 28-32-22. The matters
considered at a hearing must include all charges made in the original filing, together with any
related or additional matters or charges that arise in connection with the investigation of the
original charges, and which are set forth in a specification of issues for the hearing. The time
and place for the hearing must be fixed by the board and a copy of the charges, together with a
notice of the time and place of hearing, and a specification of the issues to be considered at the
hearing must be served upon the accused registrant either personally or sent by registered mail
to the last-known address of the registrant at least thirty days before the date fixed for hearing.
At any hearing the accused registrant has the right to appear in person or by counsel, or both; to
cross-examine witnesses appearing against the accused; and to produce evidence and
witnesses in defense of the accused. If the accused fails or refuses to appear, the board may
proceed to hear and determine the validity of the issues set forth in the specification of issues or
enter a default order under section 28-32-30. Following the hearing, the board members who
did not serve on the investigative panel shall deliberate in executive session and if a majority of
the board members who did not serve on the investigative panel vote in favor of sustaining all or
part of the issues set forth in the specification of issues, the board shall make findings of fact
and conclusions of law and shall issue the board's order and serve the findings, conclusions,
and order upon the accused. In the order the board may reprimand, suspend, refuse to renew,
or revoke the accused registrant's certificate of registration. Any registrant who feels aggrieved
by any action of the board in denying, suspending, refusing to renew, or revoking that
registrant's certificate of registration may appeal the board's action to the district court under the
procedures provided by chapter 28-32.