This text of North Dakota § 44-08-05.1 (Payments - Purchasing card authority - Penalty) 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.Any public officer or employee who has the power to approve a payment for travel
expenses or any other expenditure of public funds shall determine before approving
the payment:
a.That the expenditure for travel or other expenditures were for lawful and official
purposes.
b.If for employee travel reimbursement, the sums claimed for travel expenses are
actually due the individual who is seeking reimbursement, allowance, or payment.
c.If the payment is for expenditure other than travel expense, that the expenditure
is lawful and that the payment contains no false claims.
2.The director of the office of management and budget, the state board of higher
education, the governing body of any political subdivision, and the board of any school
district may establish and administer a purchasin
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1. Any public officer or employee who has the power to approve a payment for travel
expenses or any other expenditure of public funds shall determine before approving
the payment:
a. That the expenditure for travel or other expenditures were for lawful and official
purposes.
b. If for employee travel reimbursement, the sums claimed for travel expenses are
actually due the individual who is seeking reimbursement, allowance, or payment.
c. If the payment is for expenditure other than travel expense, that the expenditure
is lawful and that the payment contains no false claims.
2. The director of the office of management and budget, the state board of higher
education, the governing body of any political subdivision, and the board of any school
district may establish and administer a purchasing card system for use by its officers,
employees, representatives, or agents. If the director of the office of management and
budget establishes a cooperative purchasing contract under section 54-44.4-13, each
participating government entity is responsible for its purchasing card system.
3. An employee of the office of management and budget designated by the director of the
office of management and budget, on behalf of all state agencies, may review and
approve payments made with a purchasing card and make payments. The director of
the office of management and budget may designate the state agencies that are
required to use the purchasing card system.
4. Any public officer or employee who fraudulently uses a purchasing card or knowingly
approves a payment for false or unlawful claims or which does not otherwise meet the
requirements of this section for approval may be subject to criminal prosecution under
title 12.1. Any public officer or employee who, without the use of ordinary care and
diligence, uses a purchasing card or approves a payment for false or unlawful claims
or which does not otherwise meet the requirements of this section for approval is
personally liable for any funds improperly expended.
5. Any public officer, employee, or any other individual who has knowledge of an actual
or possible violation of this section shall make that information known to the attorney
general or the appropriate state's attorney. The attorney general or appropriate state's
attorney may investigate any alleged violation. If there is probable cause to believe
that a violation has occurred, the attorney general or appropriate state's attorney shall
initiate a criminal prosecution under title 12.1 or a civil suit against the public officer or
employee for the recovery of the funds as may actually have been improperly paid, or
may initiate a prosecution and a civil suit. Any public officer, employee, or any other
individual who has provided information to the attorney general or a state's attorney
under this subsection shall keep the information confidential until a determination is
made as to whether a criminal prosecution is warranted.