2013 North Dakota Century Code Title 12 Corrections, Parole, and Probation Chapter 12-63 Peace Officer Standards, Training, and Licensing
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CHAPTER 12-63
PEACE OFFICER STANDARDS, TRAINING, AND LICENSING
12-63-01. Definitions.
As used in this chapter:
1. "Board" means the peace officer standards and training board.
2. "Part-time peace officer license" means a license issued to an individual authorized by
law or appointed by a criminal justice agency of this state on a salaried or nonsalaried
basis to enforce the law and to conduct or engage in investigations of violations of the
law for no more than an average of twenty hours per week, not including time spent on
call when no call to active duty is received, calculated on an annual basis.
3. "Peace officer" means a public servant authorized by law or by government agency or
branch to enforce the law and to conduct or engage in investigations of violations of
the law.
12-63-01.1. Peace officer standards and training board - Membership - Duties.
The peace officer standards and training board consists of nine members including the
director of the law enforcement training center, six peace officers, one county government
representative, and one city government representative. With the exception of the director of the
law enforcement training center, all members must be appointed by the attorney general and
serve staggered two-year terms. With the exception of the county government representative,
the city government representative, and the director of the law enforcement training center, a
member may not serve more than three consecutive terms. The attorney general shall also
appoint the chairman of the board. The office of attorney general shall provide support staff to
the board, including an employee to serve as the secretary of the board and as an ex officio
nonvoting member of the board.
12-63-02. License required.
An individual may not perform peace officer law enforcement duties in this state unless the
individual is licensed as required in this chapter.
12-63-02.1. Part-time peace officer license.
1. Except as provided in this section, all provisions of this chapter apply to part-time
peace officer licenses. Except as limited by this section, a part-time licensed peace
officer of this state has the authority of a licensed peace officer of this state.
2. The board shall issue a part-time license to any individual appointed by a criminal
justice agency who meets the requirements of this chapter and the rules of the board
for a part-time peace officer license.
3. A criminal justice agency may appoint part-time licensed peace officers to supplement
and assist licensed peace officers. A criminal justice agency may not appoint a
part-time licensed peace officer unless the part-time licensed peace officer acts under
the direct or indirect supervision of a licensed peace officer designated by the criminal
justice agency.
4. A part-time licensed peace officer may not exercise peace officer duties, including the
exercise of arrest authority, when off duty.
5. Unless the part-time licensed peace officer has a valid North Dakota concealed
weapons license, a part-time licensed peace officer may not carry a duty weapon or
concealed weapon when off duty.
6. The board shall establish criteria for part-time licenses, including training curriculum,
examination requirements, weapon training and certification, licensing requirements,
and continuing education requirements.
7. The board shall adopt rules to implement part-time peace officer licenses and shall
establish by rule fees for application for examination, initial licensing, renewal and late
renewal, and reinstatement of part-time peace officer licenses.
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12-63-02.2. Tribal police officers.
1. A tribal police officer of a federally recognized Indian tribe in this state who meets the
requirements of this chapter and the rules adopted by the board is eligible for a peace
officer license or part-time peace officer license.
2. The board shall issue a peace officer license or part-time peace officer license to a
tribal police officer who is eligible for a peace officer license or part-time peace officer
license under this section and who has paid the prescribed license fee if:
a. The tribal police officer has been appointed as a special deputy in accordance
with section 11-15-02;
b. The tribal police officer is employed by the state or a political subdivision; or
c. There is an agreement between the state or a political subdivision and the tribe
for tribal police officers to perform law enforcement services.
3. A tribal police officer who is a member of a police force of a tribal government and who
is licensed under this section may exercise the powers of a peace officer of this state
within the exterior boundaries of the reservation, or off the reservation, in accordance
with the terms and conditions of the special deputy appointment, the employment
agreement, or the agreement between the state or political subdivision and the tribe.
4. A tribal police officer who has a peace officer license under this section is subject to
this chapter and the rules adopted by the board, including requirements for license
renewal or reinstatement, annual sidearm qualification, and continuing education.
5. The state or political subdivision is not liable for any act or omission of a tribal police
officer exercising peace officer powers authorized by an agreement between the state
or a political subdivision and a tribe.
6. This section does not diminish or expand the jurisdiction of any tribe or the state.
12-63-03. Persons and practices not affected.
This chapter does not prevent or restrict the practice of peace officer duties or activities of:
1. Auxiliary personnel such as members of organized groups for purposes such as
posse, search and rescue, and security at dances, if the group operates as adjunct to
the police or sheriff's department, and does not have arrest powers or peace officer
authority delegated to its members by the department.
2. A reserve officer such as an individual used by a municipal, county, or state law
enforcement agency to provide services to that jurisdiction on a nonsalaried basis and
who is granted full arrest authority.
3. A person who provides private investigative services in this state.
4. A person doing private security work or any private security agency.
5. A person performing peace officer duties in an official capacity as a federal officer.
12-63-04. Board - Powers - Duties - Authority.
The board shall administer, coordinate, and enforce the provisions of this chapter, evaluate
the qualifications of applicants, and approve the examinations for licensing under this chapter.
1. The board shall:
a. Prescribe the criteria for certification of basic, advanced, and specialized peace
officer training curriculum, instructors, and schools;
b. Certify curriculum, instructors, schools, and officers that have met the training
certification criteria;
c. Establish the curriculum for basic and advanced peace officer training; and
d. Prescribe minimum standards of sidearm training and certification for peace
officers before they may carry a sidearm.
2. The board shall keep records and minutes necessary to carry out its functions. The
board may:
a. Issue subpoenas, examine witnesses, administer oaths, and investigate
allegations of practices violating the provisions of this chapter or rules adopted by
the board.
b. Examine, under oath, any applicant for licensing.
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c.
d.
Examine, under oath, any licensed peace officer during a hearing to suspend,
revoke, or to not renew a license of a peace officer.
Adopt rules relating to the professional conduct of peace officers and to
implement the requirements of this chapter, including rules relating to
professional licensure, continuing education, and ethical standards of practice, for
persons holding a license to practice peace officer duties.
12-63-05. Fees.
The board shall prescribe by rule the fee for application for examination, for an initial
license, for renewal of a license, and for late renewal of a license. The board shall administer
fees received under this chapter in accordance with section 54-44-12.
12-63-06. Application for license.
An applicant for a license as a peace officer shall file a written application provided by the
board showing to the satisfaction of the board that the applicant:
1. Is of good moral character.
2. Possesses a high school diploma or general education equivalency certificate.
3. Has had a complete background investigation conducted by the parent agency or the
division.
4. Has passed a medical and psychological examination approved or prescribed by the
board.
5. Has successfully completed a training program recognized by the board.
6. Has passed an examination as provided in section 12-63-07 or has arranged to take
such an examination and is eligible for a limited license under section 12-63-09.
7. Has complied with rules of the board.
12-63-07. Examination for license.
1. Only a person satisfying the requirements of subsections 1 through 5 of section
12-63-06 may apply for examination. The application must be filed in the manner the
board prescribes and be accompanied by the fee prescribed under section 12-63-05.
The fee is nonrefundable. A person who fails an examination may apply for
reexamination upon payment of the prescribed fee.
2. Each applicant for licensing must be examined by written examination as established
by the board.
3. Applicants for licensing must be examined at a time and place and under supervision
as the board requires.
4. Applicants may obtain their examination scores and may review their papers in
accordance with rules adopted by the board.
12-63-08. Exception from training requirement - Issuance of certain licenses as of
right.
Repealed by S.L. 2013, ch. 101, ยง 3.
12-63-09. Limited license.
1. The board may grant a limited license to an individual who has completed the
education, medical, psychological examination, criminal history background
investigation, and sidearm requirements of the board and this chapter.
2. The limited license allows the individual to perform peace officer duties in accordance
with the rules of the board.
3. After becoming employed as a peace officer, the individual shall attend the first
available basic full-time peace officer training course authorized by the board in
accordance with the rules of the board.
4. The limited license is limited to the jurisdiction in which the person is employed and is
valid until:
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a.
5.
6.
The individual has completed the first available basic full-time peace officer
training course authorized by the board; and
b. The individual has completed the licensing examination and has been issued a
peace officer license by the board.
The limited license may be renewed one time if the individual has failed the licensing
examination.
The limited license is subject to section 12-63-12.
12-63-10. Issuance of license.
The board shall issue a license to any person who meets the requirements of this chapter
and who has paid the prescribed license fee.
12-63-11. Renewal of license.
1. A license expires three years from the date of its issuance and must be renewed in the
manner prescribed by the board and on payment of a renewal fee and on a show of
proof that the individual has met the requirements established by the board for
continuing education. The board may provide for the late renewal of a license on
payment of a late fee, but a late renewal of a license may not be granted more than
one year after expiration of the license.
2. On request, the board shall grant inactive status to a licensee who does not perform
the duties of a peace officer or is no longer employed by a criminal justice agency. A
licensee may retain inactive status indefinitely if the licensee maintains continuing
education requirements and renews the license in accordance with board
requirements. A licensee on inactive status shall meet the same qualifications, testing,
and insurance requirements as are required by law and rule for a licensee on active
status.
12-63-12. Adverse license action - Appeal.
1. The board shall deny a license, refuse to renew a license, suspend a license, revoke a
license, or impose probationary conditions if the individual has been convicted or pled
guilty or nolo contendere before a court of competent jurisdiction in any state, or
before any court, of a felony offense.
2. The board may deny a license, refuse to renew a license, suspend a license, or revoke
a license, or may impose probationary conditions if the individual:
a. Has been convicted or pled guilty or nolo contendere before a court of competent
jurisdiction in any state, or before any court, of an offense involving domestic
violence or violation of a domestic violence restraining order, an offense involving
child abuse or neglect, an offense involving firearms under title 12.1 or title 62.1,
or another criminal offense determined by the board to have a direct bearing
upon an individual's ability to serve as a peace officer, or the board determines,
following a conviction or adjudication, that the individual is not rehabilitated under
section 12.1-33-02.1.
b. Has used unjustified deadly force in the performance of the duties as a peace
officer as described in section 12.1-05-07.
c. Has made a false material statement under oath to the board.
d. Has made a false material statement to the board while obtaining or renewing a
license or permit.
e. Has violated a provision of this chapter or a rule of the board.
3. Denial, refusal to renew, suspension, revocation, or imposition of probationary
condition on a license may be ordered by the board after a hearing in accordance with
chapter 28-32. An application for reinstatement may be made to the board one year
from the date of the refusal to renew or the revocation of the license. The board may
accept or reject an application for reinstatement and may hold a hearing to consider
the reinstatement. In the case of a denial of an application, the applicant may not
reapply for a period of one year from the date of the order of denial.
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4.
An appeal from the final decision of the board to refuse to issue, to not renew, to
suspend, or to revoke a license may be made to the district court. Venue is the county
in which the aggrieved individual resides. The appeal must be made within thirty days
from the service of the decision on the individual.
12-63-13. Notice and hearing on adverse license action.
The board may, on a verified complaint of any person setting forth facts which, if proven,
would constitute grounds for refusal, suspension, nonrenewal, or revocation of a license,
investigate the actions of any person holding or claiming to hold a license. Before taking the
adverse action, the board shall, at least ten days before the date set for the hearing, give written
notice to the subject of the adverse action of any charges made and shall afford that person an
opportunity to be heard in person or by counsel on the matter. The written notice may be served
by personal service or by registered mail. If service cannot be made by personal service or
registered mail, then service may be made by publication in the county of residence specified by
the person in the person's last communication with the board. At the time and place fixed in the
notice, the board shall conduct the hearing on the charges. Both the accused person and the
complainant are entitled to ample opportunity to present in person or by counsel, statements,
testimony, evidence, and argument pertinent to the charges or to any defense. The board may
continue the hearing from time to time.
12-63-14. Penalty.
Any person who willfully violates this chapter is guilty of a class B misdemeanor.
12-63-15. Temporary suspension - Appeal.
1. The board may order a temporary suspension of a peace officer's license ex parte if
the board finds, based on verified evidence, probable cause to believe that:
a. A peace officer has violated this chapter or a rule of the board;
b. Continued performance of peace officer law enforcement duties would create a
significant risk of serious and ongoing harm to the public while a disciplinary
proceeding is pending; and
c. Immediate suspension of the peace officer's license is required to reasonably
protect the public from that risk of harm.
For purposes of this section, evidence is verified if sworn to before an officer
authorized to administer oaths or equivalent affirmations.
2. An ex parte temporary suspension remains in effect for not more than sixty days,
unless otherwise terminated by the board.
3. The board shall set the date of a full hearing on the cause and grounds for discipline
regarding the license at a time not later than sixty days after the issuance of the ex
parte temporary suspension order. Within three days after the issuance of the ex parte
suspension order, the board shall serve the peace officer with a copy of the order
along with a copy of the complaint and notice of the date set for the full hearing.
4. The peace officer may appeal the ex parte temporary suspension order prior to the full
hearing. For purposes of appeal, the district court shall decide whether the board
acted reasonably or arbitrarily. The court shall give priority to the appeal for prompt
disposition. Unless otherwise ordered by the district court, an appeal by the peace
officer of the ex parte temporary suspension order does not stay the effectiveness or
validity of the ex parte temporary license suspension.
12-63-16. Costs of prosecution - Disciplinary proceedings.
In a disciplinary proceeding in which disciplinary action is imposed against a peace officer,
the board may direct the peace officer to pay the board a sum not to exceed the reasonable and
actual costs of the case, including reasonable attorney's fees incurred by the board or its
authorized representatives in the investigation, prosecution, resolution, and hearings, whether
held before the board, a hearing officer, or administrative law judge. When applicable, the peace
officer's license may be suspended until the costs are paid to the board. A peace officer may
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challenge the reasonableness of any cost in a hearing under chapter 28-32. The administrative
law judge may approve, deny, or modify any cost, and determination of the judge is final. If
requested, the hearing must occur before the peace officer's license may be suspended for
nonpayment.
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