N.D. Admin Code 69-10-04-06.3 - Quality control assurance - Failures

A quality assurance evaluation test report that discloses a failure must include any alleged violations of North Dakota Century Code title 64, North Dakota Administrative Code title 69, and any applicable sections of the NIST Handbook No. 44, as adopted by reference in section 69-10-03-01. If a registered service person fails three quality assurance inspections within a twelve-month period, the commission may:

1. Issue a written warning requiring remedial action within thirty days from the date of the warning;

2. Require that the registered service person retake the written tests required for licensing under section 69-10-04-02;

3. Reduce the registered service person's permit status to probationary for up to six months;

4. Suspend the registered service person's permit and assess a civil penalty; or

5. Other actions deemed suitable by the commission.

The results of any quality assurance failures and associated enforcement actions may be sent to the registered service person's employer and to the owner or operator of the affected device.

A quality assurance evaluation report and a record of any associated enforcement action is filed as part of the overall quality assurance profile of the affected registered service person and must remain part of that profile for twelve months from the date of the failure.

Notes

N.D. Admin Code 69-10-04-06.3

Effective October 1, 2010. Amended by Administrative Rules Supplement 2020-379, January 2021, effective 1/1/2021.

General Authority: NDCC 64-02-03

Law Implemented: NDCC 64-02-02, 64-02-13