N.D. Cent. Code § 12-60-24

12-60-24. Criminal history record checks

1. a. Each applicant, employee, or petitioner for adoption or name change who is

subject to a criminal history record check under subsection 2 shall consent to a

statewide and nationwide criminal history record check for the purpose of

determining suitability or fitness for a permit, license, registration, employment, or

adoption.

b. Each applicant, employee, registrant, or petitioner for adoption or name change

subject to a criminal history record check shall provide to the requesting agency

or entity written consent to conduct the check and to release or disclose the

information in accordance with state and federal law, two sets of fingerprints from

a law enforcement agency or other local agency authorized to take fingerprints,

any other identifying information requested, and a statement indicating whether

the applicant or employee has ever been convicted of a crime.

c. The agency, official, or entity shall submit these fingerprints to the bureau of

criminal investigation for nationwide criminal history record information that

includes resubmission of the fingerprints by the bureau of criminal investigation to

the federal bureau of investigation. Except if otherwise provided by law, federal

bureau of investigation criminal history record information obtained by an agency

or entity is confidential. For a request for nationwide criminal history record

information made under this section, the bureau of criminal investigation is the

sole source to receive the fingerprint submissions and responses from the federal

bureau of investigation. A person who takes fingerprints under this section may

charge a reasonable fee to offset the cost of fingerprinting. Unless otherwise

provided by law, the bureau of criminal investigation may charge appropriate fees

for criminal history information.

d. Fingerprints and any other identifying information the bureau has obtained under

this section may be retained by the bureau and the federal bureau of investigation

at the request of the agency, official, or entity submitting the fingerprints and any

other identifying information for a statewide and nationwide criminal history record

check. The subject of the records must be provided notice of the retention of the

fingerprints and any other identifying information. The bureau may provide to

each agency, official, or entity listed in subsection 2 of this section the response

of the bureau and the federal bureau of investigation any statewide criminal

history record information that may lawfully be made available under this chapter.

e. The bureau may provide the results of a criminal history background check made

under subsection 2 of this section to another state's identification bureau or

central repository for the collection, maintenance, and dissemination of criminal

history record information when the other state's identification bureau or central

repository has requested the results of the criminal history background check and

the agency, official, or entity of the other state has equivalent authority to

subsection 2 of this section to request a statewide and nationwide criminal history

check.

2. The bureau of criminal investigation shall provide to each agency, official, or entity

listed in this subsection who has requested a statewide and nationwide criminal history

record check, the response of the federal bureau of investigation and any statewide

criminal history record information that may lawfully be made available under this

chapter:

a. The governing body of a city or a county, by ordinance or resolution, for a final

applicant for a specified occupation with the city or county.

b. The agriculture commissioner for each applicant for a license to grow or process

hemp under section 4.1-18.1-02.

c. The education standards and practices board for initial, re-entry, and reciprocal
lawfully be made available under this

chapter:

a. The governing body of a city or a county, by ordinance or resolution, for a final

applicant for a specified occupation with the city or county.

b. The agriculture commissioner for each applicant for a license to grow or process

hemp under section 4.1-18.1-02.

c. The education standards and practices board for initial, re-entry, and reciprocal

teacher licenses under sections 15.1-13-14 and 15.1-13-20 and school guidance

and counseling services under section 15.1-13-23.

d. The North Dakota board of medicine for licenses or disciplinary investigations

under sections 43-17-07.1, 43-58-03.1, and 43-60-06.1, except that criminal

history record checks need not be made unless required by the board.

e. The private investigative and security board for licenses or registrations under

section 43-30-06.

f. The department of health and human services for foster care licenses, certified

family foster home for children providers, approved tribal foster care facilities, and

identified relatives under chapter 50-11, appointments of legal guardians under

chapter 50-11.3, and petitions for adoptions under chapter 50-12, except that the

criminal history record investigation must be conducted in accordance with those

chapters. A criminal history record investigation completed under chapter 25-03.2,

50-06, 50-11, 50-11.3, or 50-12 may be used to satisfy the requirements of a

criminal history record investigation under either of the other four chapters. The

federal bureau of investigation's criminal history record investigation obtained

from one criminal history record investigation purpose may not be reused to

satisfy the requirements of another federal bureau of investigation's criminal

history record investigation for a different purpose.

g. The department of health and human services for criminal history record checks

authorized under section 50-06-01.9.

h. The chief information officer of the information technology department for certain

individuals under section 54-59-20.

i. A public peace officer training school that has been approved by the peace officer

standards and training board for enrollees in the school. The school may only

disclose the criminal history record information as authorized by law. The school

shall pay the costs for securing the fingerprints, any criminal history record

information made available under this chapter, and for the nationwide criminal

history record check. This subdivision does not apply to the highway patrol law

enforcement training center and enrollees who have a limited license under

section 12-63-09.

j. The North Dakota public employees retirement board for individuals first

employed by the public employees retirement board after July 31, 2005, who

have unescorted physical access to the office or any security-sensitive area of

the office as designated by the executive director.

k. The executive director of the retirement and investment office for individuals first

employed by the retirement and investment office after July 31, 2005, who have

unescorted physical access to the office or any security-sensitive area of the

office as designated by the executive director.

l. The Bank of North Dakota for a final applicant for a specified occupation with the

Bank as designated by the president.

m. Job service North Dakota for all employees, final applicants for employment with

job service, and contractors with access to federal tax information.

n. The department of health and human services for a final applicant for a job

opening or a current employee with the department; an individual being

investigated by the department; or an applicant for registration as a designated

caregiver or a compassion center agent under chapter 19-24.1.

o. The state board of nursing for applicants, licensees, registrants, or disciplinary

investigations under chapter 43-12.1, except that criminal history record checks
cant for a job

opening or a current employee with the department; an individual being

investigated by the department; or an applicant for registration as a designated

caregiver or a compassion center agent under chapter 19-24.1.

o. The state board of nursing for applicants, licensees, registrants, or disciplinary

investigations under chapter 43-12.1, except that criminal history record checks

need not be made unless required by the board.

p. The state board of pharmacy for applicants or disciplinary investigations under

chapter 43-15 and registrations, or revocation or suspension of registrations,

under chapter 19-03.1, except that criminal history record checks need not be

made unless required by the board.

q. The state real estate commission for applicants, licensees, or investigations

under chapter 43-23, except that criminal history record checks need not be

made unless required by the commission.

r. The North Dakota board of social work examiners for applicants for initial

licensure or licensees under chapter 43-41, except that criminal history record

checks for licensees need not be made unless required by the board.

s. All agencies, departments, bureaus, boards, commissions, or institutions of the

state, including the North Dakota university system, for all employees or final

applicants for employment as a security guard or to otherwise provide security.

t. The office of management and budget for each individual who has access to

personal information as designated by the director.

u. The department of corrections and rehabilitation for all agents and employees

and a final applicant for employment designated by the director and for each

agent, employee, or a final applicant for employment of a privately operated entity

providing contract correctional services for the department who exercises direct

authority over juveniles, inmates, probationers, or parolees.

v. A city, county, or combination of cities or counties that operates a correctional

facility subject to chapter 12-44.1, for each agent and employee and a final

applicant for employment of the correctional facility who has direct contact with or

exercises direct authority over any juvenile or inmate of the correctional facility,

and for each agent, employee, or a final applicant for employment of a privately

operated entity providing contract correctional services for the correctional facility

who exercises direct authority over juveniles, inmates, probationers, or parolees.

w. The North Dakota university system for a final applicant for or employee in a

specified position in the university system or a university system institution or for

each student applying for or admitted to a specified program of study, as

designated by the chancellor.

x. (1) The board of a school district, for employees designated by the board,

provided the board is responsible for paying the costs associated with

obtaining a criminal history record check;

(2) The board of a multidistrict special education unit, for employees designated

by the board, provided the board is responsible for paying the costs

associated with obtaining a criminal history record check;

(3) The board of an area career and technology center, for employees

designated by the board, provided the board is responsible for paying the

costs associated with obtaining a criminal history record check;

(4) The board of a regional education association, for employees designated by

the board, provided the board is responsible for paying the costs associated

with obtaining a criminal history record check; and
area career and technology center, for employees

designated by the board, provided the board is responsible for paying the

costs associated with obtaining a criminal history record check;

(4) The board of a regional education association, for employees designated by

the board, provided the board is responsible for paying the costs associated

with obtaining a criminal history record check; and

(5) The superintendent of public instruction in the case of a nonpublic school or

a state school with a superintendent appointed by or reporting to the

superintendent of public instruction, for employees designated by the

nonpublic or state school, provided the nonpublic or state school is

responsible for paying the costs associated with obtaining a criminal history

record check.

y. (1) The board of a school district, for a final applicant seeking employment with

the district or otherwise providing services to the district, if that individual

has unsupervised contact with students, provided the board is responsible

for paying the costs associated with obtaining a criminal history record

check;

(2) The board of a multidistrict special education unit, for a final applicant

seeking employment with the unit or otherwise providing services to the unit,

if that individual has unsupervised contact with students, provided the board

is responsible for paying the costs associated with obtaining a criminal

history record check;

(3) The board of an area career and technology center, for a final applicant

seeking employment with the center or otherwise providing services to the

center, if that individual has unsupervised contact with students, provided

the board is responsible for paying the costs associated with obtaining a

criminal history record check;

(4) The board of a regional education association, for a final applicant seeking

employment with the association or otherwise providing services to the

association if that individual has unsupervised contact with students,

provided the board is responsible for paying the costs associated with

obtaining a criminal history record check; and

(5) The superintendent of public instruction in the case of a nonpublic school or

a state school with a superintendent appointed by or reporting to the

superintendent of public instruction, for a final applicant seeking

employment with the school or otherwise providing services to the school, if

that individual has unsupervised contact with students, provided the board is

responsible for paying the costs associated with obtaining a criminal history

record check.

(6) For purposes of this subdivision, "unsupervised contact" with students

means being in proximity to one or more students, on school grounds or at

school functions, outside the presence of an individual who has been

subject to a criminal history record check.

z. The racing commission for applicants for licenses under chapter 53-06.2, except

that criminal history record checks need not be made unless required by the

commission.

aa. A district court for a petition to change a name under chapter 32-28.

bb. The state board of pharmacy for a wholesale drug distributor seeking licensure

under chapter 43-15.3.

cc. The board of dental examiners for investigations of applicants or dentists under

section 43-28-11.2, except that criminal history record checks need not be made

unless required by the board.

dd. The department of financial institutions for each applicant for a specified

occupation with the department as specified by the commissioner and principal

owners and managing officers of applicants for a license from the department of

financial institutions.

ee. The office of tax commissioner for all employees, final applicants for employment

with the tax commissioner, and contractors with access to federal tax information.

ff. The state board of examiners for nursing home administrators for applicants for
fied by the commissioner and principal

owners and managing officers of applicants for a license from the department of

financial institutions.

ee. The office of tax commissioner for all employees, final applicants for employment

with the tax commissioner, and contractors with access to federal tax information.

ff. The state board of examiners for nursing home administrators for applicants for

licensure or licensees under chapter 43-34, except that criminal history record

checks for licensees need not be made unless required by the board.

gg. The marriage and family therapy licensure board for applicants, licensees, or

investigations under chapter 43-53, except that criminal history record checks

need not be made unless required by the board.

hh. The state board of chiropractic examiners for applicants, licensees, certificates, or

investigations under chapter 43-06, except that criminal history record checks

need not be made unless required by the board.

ii. Workforce safety and insurance for a final applicant for a specified occupation

with workforce safety and insurance as designated by the director, or for

contractors who may have access to confidential information as designated by

the director.

jj. The board of counselor examiners for applicants for licensure or licensees under

chapter 43-47, except that criminal history record checks for licensees need not

be made unless required by the board.

kk. The state board of respiratory care for applicants, licensees, or investigations

under chapter 43-42, except that criminal history record checks need not be

made unless required by the board.

ll. The North Dakota real estate appraiser qualifications and ethics board for

applicants for permits or registration or permittees, registrants, owners, or

controlling persons under chapters 43-23.3 and 43-23.5, except that criminal

history record checks for permittees, registrants, owners, or controlling persons

need not be made unless required by the board.

mm. The insurance department for criminal history record checks authorized under

chapters 26.1-26 and 26.1-26.8.

nn. The office of the adjutant general for employees and volunteers working with the

recruiting and retention, sexual assault, and youth programs.

oo. The parks and recreation department for volunteers and final applicants for

employment, as determined by the director of the parks and recreation

department.

pp. The North Dakota medical imaging and radiation therapy board of examiners for

licensure and licensees under chapter 43-62, except that criminal history record

checks for licensees need not be made unless required by the board.

qq. The game and fish department for volunteers and final applicants for

employment, as determined by the director of the game and fish department.

rr. The North Dakota board of massage for applicants, licensees, or investigations

under chapter 43-25.

ss. The North Dakota board of physical therapy for physical therapist and physical

therapist assistant applicants and for licensees under investigation, except that

criminal history record checks need not be made unless required by the board.

tt. The department of commerce for volunteers and employees providing services

through eligible organizations, as determined by the commissioner of commerce.

uu. The state court administrator for a guardian ad litem who provides direct services

to youth.

vv. The department of environmental quality for a final applicant for a job opening or

a current employee with the department, or an applicant for a radioactive

materials license under chapter 23.1-03 or a solid waste permit under chapter

23.1-08 as provided in section 23.1-01-11.1.

ww. The housing finance agency for criminal history record checks authorized under

section 54-17-07.13.

xx. The office of state treasurer for an applicant or employee who has access to

federal tax information under section 54-11-16.
ent, or an applicant for a radioactive

materials license under chapter 23.1-03 or a solid waste permit under chapter

23.1-08 as provided in section 23.1-01-11.1.

ww. The housing finance agency for criminal history record checks authorized under

section 54-17-07.13.

xx. The office of state treasurer for an applicant or employee who has access to

federal tax information under section 54-11-16.

yy. The department of health and human services for a criminal history record check

for a children's advocacy center as authorized under section 50-25.1-11.1.

zz. The state historical society for volunteers and final applicants for employment,

except that criminal history record checks need not be made unless requested by

the society.

aaa. The department of transportation for volunteers and final applicants for

employment, as determined by the director of the department of transportation.

bbb. The commission on legal counsel for indigents for a volunteer or final applicant

for employment, as determined by the director of the commission on legal

counsel for indigents.

ccc. The board of dietetic practice for applications for licensure or renewal under

chapter 43-44, except that criminal history record checks need not be made

unless required by the board.

ddd. The secretary of state for employees with access to personally identifying

information of residents or businesses of the state or with access to elections

systems that are critical infrastructure under section 44-04-24.

eee. The department of health and human services for applicants for initial licensure

for emergency medical services personnel, such as emergency medical

technicians, advanced emergency medical technicians, and paramedics, as

required by subdivision d of subsection 3 of section 23-27.1-03.

fff. The department of emergency services for a final employment applicant under

ggg. The board of occupational therapy practice for applicants, licensees, or

investigations under chapters 43-40 and 43-40.1.

3. a. The bureau of criminal investigation shall conduct a statewide and nationwide

criminal history record check for the purpose of determining eligibility for a

concealed weapons license for each applicant for an initial license or the renewal

of a concealed weapons license under chapter 62.1-04. The nationwide criminal

history record check must include an inquiry of the national instant criminal

background check system, and if the applicant is not a United States citizen, an

immigration alien query.

b. Each applicant for a concealed weapons license shall provide to the bureau of

criminal investigation written consent to conduct the criminal history record check,

to maintain, release, and disclose the information in accordance with state and

federal law, and to make a determination on the application; two sets of

fingerprints from a law enforcement agency or other individual authorized to take

fingerprints; and any other information required under chapter 62.1-04. The

person who takes fingerprints under this subsection may charge a reasonable fee

for fingerprinting.

c. The bureau of criminal investigation shall resubmit the fingerprints to the federal

bureau of investigation. Except as otherwise provided by law, federal bureau of

investigation criminal history record information is confidential.