Section 10-18-01-05 - Denial, suspension, or revocation of access1. The attorney general may not grant an application for access: a. If the individual applicant has pled guilty to, pled nolo contendere to, or has been found guilty of, a felony offense in any state court or federal court;b. If the individual applicant has pled guilty to, pled nolo contendere to, or has been found guilty of, any offense in any state court or federal court involving domestic violence, identify theft, or fraud;c. If the individual applicant has pled guilty to, pled nolo contendere to, or has been found guilty in a military court for a violation of the military code of justice resulting in a sentence of imprisonment, dishonorable or bad conduct discharge, or both; ord. If the individual applicant or the individual applicant's employing agency has committed fraud, falsification, or material misrepresentation in the application for access.2. The attorney general may deny an application for access if a complaint, indictment, or information has been filed against the individual applicant in any state or federal court charging the individual with a felony offense or an offense involving making false statements in a governmental matter or making a false statement in an official proceeding and the individual is under oath or equivalent affirmation, or charging the individual with an offense involving giving false information to a law enforcement officer.3. If the individual applicant has pled guilty to, pled nolo contendere to, or has been found guilty of, a class A misdemeanor offense, or equivalent offense, in any state or federal court, the attorney general may grant access not less than five years from the date of conviction, release from incarceration, or expiration of parole or probation, whichever is the latest.4. If the individual applicant has pled guilty to, pled nolo contendere to, or has been found guilty of, a class B misdemeanor offense, or equivalent offense, in any state or federal court, but excluding first-time offenses for issuing checks with insufficient funds or without an account and first-time criminal traffic offenses, the attorney general may grant access not less than two years from the date of conviction, release from incarceration, or expiration of parole or probation, whichever is the latest.5. The attorney general may suspend or revoke an authorized user's access for a violation of this article or for a violation of any part of the access agreement.6. The attorney general may suspend or revoke an authorized user's access if the authorized user has been arrested or charged with a felony offense, an offense involving violence or domestic violence, or an offense involving fraud or identity theft.7. The attorney general may suspend or revoke an authorized user's access if the authorized user has used access for noncriminal justice purposes or has disseminated or misused information obtained from the criminal justice information system for noncriminal justice purposes.8. The attorney general may suspend or revoke an agency's access if the agency fails to report to the attorney general that an employee of the agency who is an authorized user has been charged with, pled guilty to, pled nolo contendere to, or has been found guilty of, a felony or misdemeanor criminal offense in any state or federal court, has committed a violation of this article, or has violated any part of the access agreement.9. An agency, applicant, or authorized user shall cooperate with the attorney general in the investigation of an application for access, a breach of any security requirements, or a violation of these rules or the access agreement.10. The attorney general may reconsider a determination to deny, suspend, or revoke access to an agency, applicant, or authorized user.N.D. Admin Code 10-18-01-05
Effective January 1, 2016General Authority: NDCC 54-12-34
Law Implemented: NDCC 54-12-34