§ 43-36-22 — Disciplinary action - Procedure

North Dakota § 43-36-22

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-36: Professional Soil Classifiers

Text

Any person may prefer 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 sworn to by the person or persons making them and must be
filed with the secretary of the board. All charges unless dismissed by the board as unfounded or
trivial must be heard by the board within three months after the date on which they have been
preferred. The time and place for said hearing must be fixed by the board and a copy of the
charges together with a notice of the time and place of hearing must be served upon the
accused either personally or sent by registered or certified mail to the last-known address of
such individual 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 person fails or refuses to appear, the board may proceed to hear
and determine the validity of the charges. If after such hearing a majority of the board votes in
favor of sustaining the charges, the board shall make findings of fact, draw its conclusions and
issue its order therein and serve the same upon the accused. In said order the board may
reprimand, suspend, refuse to renew, or revoke the accused individual's certificate of
registration. Any person who feels aggrieved by any action of the board in denying, suspending,
refusing to renew, or revoking that person's certificate of registration may appeal therefrom to
the district court under the procedures provided by chapter 28-32.