N.D. Cent. Code § 4.1-33-10

4.1-33-10. Proof of financial responsibility - Exceptions

1. A commercial applicator certificate may not be issued unless the applicant furnishes

proof of financial responsibility. Financial responsibility must be maintained in the

amount of one hundred thousand dollars. Financial responsibility may be

demonstrated by a notarized letter from an officer of a financial institution or from a

certified public accountant attesting to the existence of net assets equal to at least one

hundred thousand dollars, a performance bond, or a general liability insurance policy.

The performance bond or insurance policy must contain a provision requiring the

issuing company to notify the agriculture commissioner at least ten days before the

effective date of cancellation, termination, or other modification of the bond or

insurance policy. When requested by the agriculture commissioner, a commercial

applicator immediately shall furnish proof of compliance with this section. If the

applicator is unable to furnish the required proof, the commissioner may stop a

pesticide application and not allow resumption until the applicator furnishes proof of

compliance. The agriculture commissioner shall immediately suspend the certification

of a commercial applicator who fails to maintain the financial responsibility standards

of this section. If there is any recovery against the commercial applicator, the

applicator shall demonstrate continued compliance with the requirements of this

section. An application for reinstatement of a certificate suspended under this section

must be accompanied by proof that any judgment previously rendered against the

applicant has been satisfied.

2. This section does not apply to:

a. A rancher who must obtain a commercial applicator certificate for controlling

noxious weeds on the leased federal acreage as a condition of a federal

grasslands lease.

b. A grazing association and its members if either the association or any member

must obtain a commercial applicator certificate for controlling noxious weeds on

the leased federal acreage as a condition of a federal grasslands lease.

c. A person who must be certified in the right-of-way category.

d. A commercial applicator who controls noxious weeds on grassland, land

producing tame hay, or other lands not devoted to the production of an annual

crop.

e. An employee of a commercial applicator if the commercial applicator complies

with this section.