North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-04 - Developmental Disabilities
Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities
Section 75-04-01-06.1 - Criminal conviction - Effect on operation of provider agency or employment by provider agency

1. A provider agency may not employ in any capacity that involves or permits contact between the employee or volunteer and any individual cared for by the provider agency, an individual who is known to have been found guilty of, pled guilty to, or pled no contest to:

2. For purposes of subdivision b of subsection 1, an offender's completion of a period of five years after final discharge or release from any term of probation, parole, or other form of community correction, or imprisonment, without subsequent conviction, is prima facie evidence of sufficient rehabilitation.

3. The department has determined that the offenses enumerated in subdivision a of subsection 1 have a direct bearing on the individual's ability to serve the public in a capacity involving the provision of services to individuals with developmental disabilities.

4. In the case of a misdemeanor offense described in North Dakota Century Code sections 12.1-17-01, simple assault; 12.1-17-03, reckless endangerment; 12.1-17-06, criminal coercion; 12.1-17-07.1, stalking; or equivalent conduct in another jurisdiction which requires proof of substantially similar elements as required for conviction, the department may determine the individual has been sufficiently rehabilitated if five years have elapsed after final discharge or release from any term of probation, parole, or other form of community corrections or imprisonment, without subsequent conviction.

5. An individual is known to have been found guilty of, pled guilty to, or pled no contest to an offense when it is: