§ 51-19-17 — Administration

North Dakota § 51-19-17

• Jurisdiction: North Dakota
• Title 51: Sales and Exchanges
• Ch. 51-19: Franchise Investment Law

Text

1. This chapter must be administered by the commissioner.
2. a. The commissioner shall charge and collect the fees fixed by this section. All fees
and charges collected under this section must be transmitted to the state
treasurer and must be credited to the general fund.
b. The fee for filing an application for registration of the sale of franchises is two
hundred fifty dollars.
c. The fee for filing an application for renewal of an application is one hundred
dollars.
d. The fee for filing an amendment to the application is fifty dollars.
e. The fee for filing a notice of exemption is one hundred dollars.
f. The fee for filing for renewal of a notice of exemption is fifty dollars.
g. The expenses reasonably attributable to the investigation or examination of any
matter arising under this chapter must be charged to the applicant or registrant
involved, but the expenses so charged may not exceed such maximum amounts
as the commissioner by rule prescribes.
3. a. The commissioner may from time to time make, amend, and rescind such rules,
forms, and orders as are necessary to carry out the provisions of this chapter,
including rules and forms governing applications and reports and defining any
terms, whether or not used in this chapter, insofar as the definitions are not
inconsistent with the provisions of this chapter.
b. All rules of the commissioner, other than those relating solely to the internal
administration of the commissioner's office, must be made, amended, or
rescinded in accordance with chapter 28-32.
4. a. All applications, reports, and other papers and documents filed with the
commissioner under this chapter must be open to public inspection, except that
the commissioner may withhold from public inspection any information the
disclosure of which is, in the judgment of the commissioner, not necessary in the
public interest or for the protection of investors. The commissioner may publish
any information filed with the commissioner or obtained by the commissioner, if,
in the judgment of the commissioner, such action is in the public interest. No
provision of this chapter authorizes the commissioner or any of the
commissioner's assistants, clerks, or deputies to disclose any information
withheld from public inspection except among themselves or when necessary or
appropriate in a proceeding or investigation under this chapter or to other federal
or state regulatory agencies. No provision of this chapter either creates or
derogates from any privilege which exists at common law or otherwise when

documentary or other evidence is sought under a subpoena directed to the
commissioner or any of the commissioner's assistants, clerks, or deputies.
b. It is unlawful for the commissioner or any of the commissioner's assistants,
clerks, or deputies to use for personal benefit any information which is filed with
or obtained by the commissioner and which is not then generally available to the
public.
5. A document is filed when it is received by the commissioner.
6. Upon request and at such reasonable charges as the commissioner prescribes by
rule, the commissioner shall furnish to any person photostatic or other copies, certified
under the commissioner's seal of office if requested, of any document which is
retained as a matter of public record except that the commissioner may not charge or
collect any fee for photostatic or other copies of any document furnished to public
officers for use in their official capacity. In any judicial proceeding or prosecution, any
copy so certified is prima facie evidence of the contents of the document certified.