NDAC 33-04-12-03
All other amendments
Cite as N.D. Admin. Code ยง 33-04-12-03
1.
Provisions for other amendments. Unless otherwise provided in this chapter or in the
statute, all other amendments to vital records shall be supported by:
a.
A request setting forth:
(1)
Information to identify the record.
(2)
The incorrect data as it is listed on the record.
(3)
The correct data as it should appear.
b.
One or more items of documentary evidence which support the alleged facts and which
were established at least five years prior to the date of the application for amendment
and are prior to the applicant's eighteenth birthday.
c.
If the item to be corrected or amended is the date of birth, the state registrar will require
additional documentary evidence established as follows:
(1)
If the correction is being made to the month or day of birth, the applicant must
provide one item of documentary evidence which was established prior to the
applicant's eighteenth birthday.
(2)
If the correction is being made to the year of birth, the applicant must provide
two items of documentary evidence which were established prior to the eighth
birthday.
d.
If the item to be corrected or amended is the applicant's legal name, the state registrar
will require additional documentary evidence established as follows:
(1)
If the correction is a minor spelling change to the legal name, the applicant must
provide one item of documentary evidence which was established prior to the
applicant's eighteenth birthday.
(2)
If the correction is a legal name change, the applicant must provide two items of
documentary evidence, one of which was established prior to the applicant's eighth
birthday and a second item that was established prior to the eighteenth birthday.
2.
Validity of evidence. The state registrar shall evaluate the evidence submitted in support of
any amendment, and when the state registrar finds reason to doubt its validity or adequacy
the state registrar may reject the amendment and shall advise the applicant of the reasons for
this action.