This text of North Dakota § 43-51-11.1 (Military spouses and military members - Licensure) 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 board shall adopt rules regarding licensure of a military spouse or a military member
or shall grant on a case-by-case basis exceptions to the board's licensing standards to
allow a military spouse or military member to practice the occupation or profession in
the state if upon application to the board:
a.The military spouse or military member demonstrates competency in the
occupation or profession through methods or standards determined by the board;
and
b.The board determines the issuance of the license will not substantially increase
the risk of harm to the public. A board with authority to require an applicant to
submit to a statewide and national criminal history record check under section
12-60-24 may order such a record check under this subdivision.
2.A board shall issue a p
Free access — add to your briefcase to read the full text and ask questions with AI
1. A board shall adopt rules regarding licensure of a military spouse or a military member
or shall grant on a case-by-case basis exceptions to the board's licensing standards to
allow a military spouse or military member to practice the occupation or profession in
the state if upon application to the board:
a. The military spouse or military member demonstrates competency in the
occupation or profession through methods or standards determined by the board;
and
b. The board determines the issuance of the license will not substantially increase
the risk of harm to the public. A board with authority to require an applicant to
submit to a statewide and national criminal history record check under section
12-60-24 may order such a record check under this subdivision.
2. A board shall issue a provisional license or temporary permit to a military spouse or
military member for which the licensure requirements under subsection 1 have been
substantially met. A board may not charge a military spouse or military member any
fees for a provisional license or temporary permit under this subsection. A provisional
license or temporary permit issued under this subsection may not exceed two years
and remains valid while the military spouse or military member is making progress
toward satisfying the unmet licensure requirements. A military spouse or military
member may practice under a provisional license or temporary permit issued under
this subsection until any of the following occurs:
a. The board grants or denies the military spouse or military member a North
Dakota license under subsection 1 or grants a North Dakota license under the
traditional licensure method;
b. The provisional license or temporary permit expires;
c. The military spouse or military member fails to comply with the terms of the
provisional license or temporary permit; or
d. The board revokes the provisional license or temporary permit based on a
determination revocation is necessary to protect the health and safety of the
residents of the state.
3. A board that may elect to subject the board to this chapter under subsection 1 of
section 43-51-01 may issue a license, provisional license, or temporary permit to a
military spouse or military member in the same manner as provided under
subsections 1 and 2 regardless of whether the board has adopted rules to subject the
board to this chapter.
4. A military spouse or military member issued a license under this section has the same
rights and duties as a licensee issued a license under the traditional licensure method.
5. If within thirty days of receipt of a completed application under subsection 1 the board
does not grant or deny a license under subsection 1 or does not issue a provisional
license or temporary permit under subsection 2, the board automatically shall issue a
provisional license or temporary permit. A provisional license or temporary permit
issued under this subsection remains valid until the board grants or denies the
application for licensure under subsection 1 or issues a provisional license or
temporary permit under subsection 2.
6. For purposes of this section, the term "board" includes the state board of accountancy,
state electrical board, North Dakota real estate appraiser qualifications and ethics
board, state real estate commission, secretary of state with respect to contractor
licensing, North Dakota board of medicine, and state board of dental examiners.