Section 33.1-10-23-12 - Application and background review for specific licenses1. Applications for specific licenses shall be in English and filed in a manner and on a form prescribed by the department.2. The department may at any time after the filing of the original application, and before the termination of the license, require further statements in order to enable the department to determine whether the application shall be granted or denied or whether a license shall be modified or revoked.3. An applicant must provide information required by the department to complete an environmental compliance background review, including: a. Consent to a criminal history check under North Dakota Century Code section 12-60-24.b. Disclosure of personal and business information on a form provided by the department, executed under oath or affirmation, which includes: (1) The person's name and address;(2) A description of the person's experience in managing the type of TENORM that will be managed under the license;(3) A description of every civil and administrative complaint against the person for the violation of any state or federal environmental protection law which has resulted in a fine or penalty of more than ten thousand dollars within five years before the date of the submission of the application;(4) A description of every settlement agreement entered into by the person with a federal or state agency to resolve any alleged violation of any state or federal environmental protection law which has resulted in a payment of more than ten thousand dollars within five years before the date of the submission of the application;(5) A description of every pending notice of violation, civil complaint, administrative complaint, or criminal complaint alleging the violation of any state or federal environmental protection law;(6) A description of every judgment of criminal conviction entered against the applicant within five years before the date of submission of the application for the violation of any state or federal environmental protection law;(7) A description of every judgment of criminal conviction of a felony constituting a crime involving fraud or misrepresentation under the laws of any state or of the United States which has been entered against the applicant within five years before the date of submission of the application; and(8) Any other information the department deems relevant.c. In addition to the applicant, the following related individuals and entities may be required to submit personal and business disclosure information: (1) Each entity that is, or is proposed to be: (b) An entity contracted with the applicant to operate, manage, or supervise the facility or activities for which approval is being sought;(c) An entity holding of ten percent or more of the applicant's debt;(d) An entity holding ten percent or more of the applicant's equity; or(e) The parent corporation, holding corporation, and any other entity that exercises control over the facility or activities for which approval is being sought.(2) Each individual which has, or is proposed to have, any of the following relationships with the applicant: (d) All individuals having managerial or supervisory or substantial decisionmaking authority and responsibility for the management of operations involving TENORM;(e) Holder of ten percent or more of the applicant's debt; or(f) Holder of ten percent or more of the applicant's equity.4. The department may deny an application for the issuance, renewal, transfer, or major modification based on its environmental compliance background review. a. Circumstances justifying denial include: (1) The applicant has intentionally misrepresented or concealed any material fact in a statement required under this section;(2) The applicant or related individual or entity has been convicted of a felony or pleaded guilty or nolo contendere to a felony involving the laws of any state or the federal government within five years preceding the application for the license;(3) The applicant or related individual or entity has been adjudicated in contempt of an order of any court enforcing the laws of this state or any other state or the federal government within five years preceding the application for the license; or(4) The applicant or related individual or entity has repeatedly violated any state or federal environmental protection laws.b. The department shall consider the relevance of the offense to the business to which the license is issued, the nature and seriousness of the offense, the circumstances under which the offense occurred, the date of the offense, and the ownership and management structure in place at the time of the offense.5. Each application shall be signed by the applicant or a person duly authorized to act for and on the applicant's behalf.6. An application for a license may include a request for a license authorizing one or more activities.7. Each application for a specific license shall be accompanied by the fee prescribed in chapter 33.1-10-11.N.D. Admin Code 33.1-10-23-12
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 23.1-03-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-03-03, 23.1-03-04; S.L. 2017, ch. 199, § 18