N.D. Admin Code 109-02-01-01 - Definitions

The terms used throughout this article have the same meaning as in the North Dakota Century Code except:

1. "Agency" means a criminal justice agency, or an agency of the state of North Dakota or one of its political subdivisions, authorized to employ licensed peace officers. For purposes of this title, an agency includes the North Dakota stockmen's association and a railroad that employs licensed peace officers.

2. "Basic full-time peace officer training course" means a board-certified entrance-level training course based on performance objectives essential for full-time licensed peace officers in the state of North Dakota.

3. "Basic part-time peace officer training course" means a board-certified entrance-level training course based on performance objectives essential for part-time licensed peace officers in the state of North Dakota.

4. "Basic reserve peace officer training course" means a board-certified entrance-level training course based on performance objectives essential for reserve licensed peace officers in the state of North Dakota.

5. "Certified instructor" means an instructor certified by the board to instruct law enforcement or basic correctional officer training courses.

6. "Certified shooting course" means a shooting course that meets the requirements of these rules.

7. "Certified training" means training approved by the board.

8. "College credits" means credits earned for studies satisfactorily completed through an accredited institution of higher learning in a program leading to an academic degree.

9. "Controlling agent" means the peace officer who is the main point of contact with the confidential informant for the controlled buy, controlled sale, or in-person surreptitious recording.

10. "Crime of violence" means any violation of law where a person purposely or knowingly causes or threatens to cause death or physical bodily injury to another person or persons.

11. "Criminal justice agency" means a unit of government of the state of North Dakota or one of its political subdivisions charged by law with criminal law enforcement duties.

12. "Duty equipment" means the equipment issued or approved by the officer's employing agency and normally carried by an officer in the performance of the officer's duties.

13. "Duty weapon" means the sidearm issued or approved by the officer's employing agency and normally carried by the officer in the performance of the officer's duties.

14. "Good standing" means an individual who holds a current license that is not issued on a temporary or restricted basis, is not encumbered or on probation, and is not suspended or revoked.

15. "Law enforcement training academy" means the law enforcement training center.

16. "License requirement" means any term or condition established by the board that must be met before the board may issue, renew, or reinstate an officer's license.

17. "Limited license" means a conditional license granted by the board to an individual who has been hired or appointed by an agency but who has not completed a basic full-time peace officer training course and has not successfully passed the licensing examination.

18. "Moral turpitude" means conduct that:

a. Involves dishonesty, falsification, or fraud;

b. Involves harm or injury directed to another individual or entity or another individual's or entity's property; or

c. Is in violation of North Dakota Century Code chapter 12.1-20, 12.1-27.1, or 12.1-27.2 or the equivalent laws of another state or the federal government.

19. "Officer" includes all categories of peace officer standards and training board licensees.

20. "Online training" means computer-based training, distance learning, or e-learning, in a form that takes place completely on the internet. It involves a variety of multimedia elements including graphics, audio, video, and weblinks, which all can be accessed through an internet browser. For the purposes of continuing education credit, any course of instruction that allows for real-time instructor interaction with the student may not be considered "online training".

21. "Part-time peace officer" means a public servant who has a part-time peace officer license and is employed or appointed by a criminal justice agency of the state of North Dakota or one of its political subdivisions to enforce the law or to conduct or engage in investigations or prosecutions for violations of law within the scope of the part-time peace officer's training.

22. "Peace officer" means a public servant employed by a criminal justice agency of the state of North Dakota or one of its political subdivisions, or a peace officer employed by the North Dakota stockmen's association or a railroad, to enforce the law or to conduct or engage in investigations or prosecutions for violations of law.

23. "Peace officer license" means a license issued by the board.

24. "Reserve peace officer" means a volunteer or employee of a criminal justice agency of the state of North Dakota or one of its political subdivisions who has a reserve peace officer license to enforce the law.

25. "Reserve peace officer license" means a license issued by the board.

26. "School" means a facility, agency, or academy that conducts board-certified basic, advanced, and specialized peace officer training courses or basic correctional officer training courses.

27. "Sidearm" means a handgun, including a semiautomatic handgun or revolver, carried by an officer as the officer's authorized duty weapon.

28. "Sidearm qualification" means the test an officer must complete on a certified shooting course with the officer's duty weapon.

29. "Training provider" means an individual, school, facility, or academy that conducts certified basic, advanced, specialized officer training courses, or basic correctional officer training courses.

30. "Weapon" includes a handgun, shotgun, and rifle.

Notes

N.D. Admin Code 109-02-01-01

Effective July 1, 2018 Amended by Administrative Rules Supplement 2022-384, April 2022, effective 4/1/2022.

General Authority: NDCC 12-63-02.1(7), 12-63-02.3(5), 12-63-04(2)(d)

Law Implemented: NDCC 12-44.1-01(10), 12-44.1-04(4), 12-63-02, 12-63-02.1, 12-63-04