§ 43-40.1-10 — Rulemaking

North Dakota § 43-40.1-10

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-40.1: Occupational Therapy Licensure Compact

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b. The commission or the executive committee or other committees of the
commission may convene in a closed, nonpublic meeting if the commission or
executive committee or other committees of the commission must discuss:
(1) Noncompliance of a member state with its obligations under the compact;
(2) The employment, compensation, discipline, or other matters, practices, or
procedures related to specific employees or other matters related to the
commission's internal personnel practices and procedures;
(3) Current, threatened, or reasonably anticipated litigation;
(4) Negotiation of contracts for the purchase, lease, or sale of goods, services,
or real estate;
(5) Accusing any individual of a crime or formally censuring any individual;
(6) Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;
(7) Disclosure of information of a personal nature if disclosure would constitute
a clearly unwarranted invasion of personal privacy;
(8) Disclosure of investigative records compiled for law enforcement purposes;
(9) Disclosure of information related to any investigative reports prepared by or
on behalf of or for use of the commission or other committee charged with
responsibility of investigation or determination of compliance issues
pursuant to the compact; or
(10) Matters specifically exempted from disclosure by federal or member state
statute.
c. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
commission's legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exempting provision.
d. The commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions
taken, and the reasons for taking the actions, including a description of the views
expressed. All documents considered in connection with an action must be
identified in the minutes. All minutes and documents of a closed meeting must
remain under seal, subject to release by a majority vote of the commission or
order of a court of competent jurisdiction.
6. Financing of the commission.
a. The commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
b. The commission may accept any and all appropriate revenue sources, donations,
and grants of money, equipment, supplies, materials, and services.
c. The commission may levy on and collect an annual assessment from each
member state or impose fees on other parties to cover the cost of the operations
and activities of the commission and its staff, which must be in a total amount

sufficient to cover its annual budget as approved by the commission each year for
which revenue is not provided by other sources. The aggregate annual
assessment amount must be allocated based on a formula determined by the
commission, which shall adopt a rule binding on all member states.
d. The commission may not incur obligations before securing adequate funds to
meet the obligations or pledge the credit of any of the member states, except by
and with the authority of the member state.
e. The commission shall keep accurate accounts of all receipts and disbursements.
The receipts and disbursements of the commission are subject to the audit and
accounting procedures established under its bylaws. All receipts and
disbursements of funds handled by the commission must be audited yearly by a
certified or licensed public accountant, and the report of the audit must be
included in and become part of the annual report of the commission.
7. Qualified immunity, defense, and indemnification.
a. The members, officers, executive director, employees, and representatives of the
commission are immune from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or personal injury or
other civil liability caused by or arising out of any actual or alleged act, error, or
omission that occurred, or that the individual against whom the claim is made had
a reasonable basis for believing occurred within the scope of commission
employment, duties, or responsibilities. This subdivision may not be construed to
protect any such individual from suit or liability for any damage, loss, injury, or
liability caused by the intentional, willful, or wanton misconduct of that individual.
b. The commission shall defend any member, officer, executive director, employee,
or representative of the commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission that occurred within the
scope of commission employment, duties, or responsibilities, or that the individual
against whom the claim is made had a reasonable basis for believing occurred
within the scope of commission employment, duties, or responsibilities. This
subdivision may not be construed to prohibit that individual from retaining counsel
or that the actual or alleged act, error, or omission did not result from that
individual's intentional, willful, or wanton misconduct.
c. The commission shall indemnify and hold harmless any member, officer,
executive director, employee, or representative of the commission for the amount
of any settlement or judgment obtained against that individual arising out of any
actual or alleged act, error, or omission that occurred within the scope of
commission employment, duties, or responsibilities, or that the individual had a
reasonable basis for believing occurred within the scope of commission
employment, duties, or responsibilities, provided the actual or alleged act, error,
or omission did not result from the intentional, willful, or wanton misconduct of
that individual.