NDAC 37-03-01-01
Definitions
Cite as N.D. Admin. Code ยง 37-03-01-01
The terms herein shall have the meaning as provided in North Dakota Century Code chapters
39-01 and 39-16, with the latter chapter controlling in cases of conflict, except:
1.
"Appropriate licensed addiction treatment program" means any hospital or facility for the
treatment of alcoholism or drug-dependent persons or a mental health or retardation service
as approved by the director.
2.
"Approved course" means any defensive driving course approved by the national safety
council and any driving while intoxicated counterattack program approved by the director.
3.
"Director" means the commissioner's duly appointed and acting director of the driver's license
division of the department of transportation, or the director's duly authorized agent, or
licensing authority as that term is used in North Dakota Century Code chapter 39-06, 39-06.1,
or 39-06.2.
4.
"Good cause to believe" or "sufficient evidence" means any information received by the
director in writing from:
a.
Federal, state, or local authorities;
b.
Licensed physicians;
c.
Any official as to admissions or adjudication of a traffic offense;
d.
Any court as to a conviction of a traffic offense;
e.
Any state or private hospital;
f.
Any facility for the treatment of alcoholics and drug-dependent persons approved by the
state department of health;
g.
Any facility licensed as an addiction hospital by the state department of health;
h.
Any mental health and retardation service unit;
i.
Any federal or state court which indicates that a person may be physically or mentally
unable to safely operate a motor vehicle on the highways of the state of North Dakota;
j.
Any person who has relevant information in regard to the ability of an applicant for a
license, a licensee, or permittee to safely operate a motor vehicle; or
k.
Any person on an application for an operator's license, instructional permit, or renewal
thereof.
5.
"Licensee" means any person who holds a valid operator's license, under the laws of this
state.
6.
"Policy of insurance" means a motor vehicle liability policy in the amount of twenty-five
thousand dollars for bodily injury to or death of one person in any one accident, and subject to
said limit for one person, in the amount of fifty thousand dollars because of bodily injury to or
death of two or more persons in any one accident, and in the amount of twenty-five thousand
dollars because of injury to or destruction of property of others in any one accident.
7.
"Security" means a cash bond not to exceed twenty-five thousand dollars.
8.
"Security requirements" means evidence of proof of compliance by the driver of filing security,
obtaining a policy of insurance or a bond as required by North Dakota Century Code chapter
39-16 or 39-16.1.
9.
"Underlying suspension" when used in a statute relating to driver's license sanctions means
the basic or essential fact or occurrence upon which a suspension has been or may be
ordered. Whenever a suspension has two or more concurrent causes, one of which is for an
alcohol-related offense or occurrence, the alcohol-related suspension is the underlying
suspension.