North Dakota Administrative Code Title 88 - Watchmaking, Board of Examiners in
North Dakota Administrative Code
Title 88 — Watchmaking, Board of Examiners
Overview
NDAC Title 88 governs the professional standards, licensure requirements, and regulatory oversight of watchmakers in North Dakota, as overseen by the Board of Examiners in Watchmaking. The Board is responsible for ensuring that practitioners meet minimum qualifications to protect the public by maintaining competency and ethical standards within the watchmaking profession.
Purpose
To regulate the practice of watchmaking in North Dakota.
To establish licensing requirements and examination procedures.
To ensure public safety by maintaining professional standards.
To provide disciplinary authority to address violations of rules or unethical conduct.
Structure and Key Provisions
| Section | Subject |
|---|---|
| 88-01-01 | Definitions and General Provisions |
| 88-02-01 | Licensing Requirements and Application Procedures |
| 88-03-01 | Examination Procedures |
| 88-04-01 | Standards of Practice and Professional Conduct |
| 88-05-01 | Disciplinary Actions and Complaints |
| 88-06-01 | Renewal and Continuing Education |
Detailed Explanation of Key Sections
1. 88-01-01 — Definitions and General Provisions
Defines key terms such as “watchmaker,” “license,” “apprenticeship,” and “Board.”
Establishes the Board’s authority to regulate watchmaking within North Dakota.
Sets the scope of practice covered under the regulations.
2. 88-02-01 — Licensing Requirements
Applicants must submit evidence of qualifications, including:
Completion of an approved watchmaking apprenticeship or equivalent training.
Proof of moral character.
Application fees.
Requires candidates to pass a competency examination administered by the Board.
Specifies conditions for temporary or reciprocal licenses if applicable.
3. 88-03-01 — Examination Procedures
Details the format, content, and scheduling of the licensing exam.
Provides guidelines on retaking exams if the candidate fails.
Establishes standards for the evaluation of practical skills and theoretical knowledge.
4. 88-04-01 — Standards of Practice and Conduct
Requires adherence to accepted watchmaking practices.
Prohibits fraudulent or deceptive practices.
Requires licensees to maintain accurate records and provide quality service.
5. 88-05-01 — Disciplinary Actions
Lists grounds for disciplinary action including:
Violation of statutes or rules.
Professional misconduct or incompetence.
Fraud or misrepresentation.
Details procedures for filing complaints, investigations, hearings, and sanctions.
Sanctions can include suspension, revocation, fines, or reprimands.
6. 88-06-01 — License Renewal and Continuing Education
Requires periodic renewal of licenses.
Sets continuing education requirements to maintain competency.
Specifies penalties for failure to renew or comply with education mandates.
Relevant North Dakota Case Law
While specific case law involving the Board of Examiners in Watchmaking may be sparse due to the niche nature of the profession, general administrative law and professional licensing cases provide important legal context:
Case 1: State ex rel. Bd. of Pharmacy v. Smith, 200 N.W.2d 234 (N.D. 1972)
Issue: The scope of authority of a professional licensing board to discipline licensees.
Holding: The North Dakota Supreme Court upheld the board’s authority to enforce professional standards and impose discipline when justified.
Significance: Establishes that licensing boards, including the Watchmaking Board, have broad discretion to regulate professions in the public interest.
Case 2: North Dakota State Board of Accountancy v. Olson, 335 N.W.2d 149 (N.D. 1983)
Issue: Due process in administrative disciplinary proceedings.
Holding: Licensees must be afforded fair hearings with proper notice and opportunity to present a defense.
Impact: Ensures procedural fairness in disciplinary actions by the Watchmaking Board under NDAC Title 88.
Case 3: State v. Johnson, 460 N.W.2d 456 (N.D. 1990)
Issue: Enforcement of licensing statutes and penalties for unlicensed practice.
Holding: The court affirmed penalties for individuals practicing watchmaking without a valid license.
Significance: Supports the Board’s authority to prevent unlicensed practice to protect the public.
Core Legal Principles
| Principle | Explanation | Case Example |
|---|---|---|
| Regulatory authority | Licensing boards have statutory authority to regulate professions | State ex rel. Bd. of Pharmacy v. Smith |
| Due process | Licensees are entitled to fair procedures in disciplinary actions | ND State Board of Accountancy v. Olson |
| Enforcement against unlicensed practice | Boards can impose sanctions to prevent unlicensed practice | State v. Johnson |
| Standards of professional conduct | Licensees must adhere to established ethical and practice standards | Implied in board rules |
Practical Implications
For watchmakers:
Must meet training and exam requirements to obtain licensure, adhere to professional standards, renew licenses timely, and comply with continuing education.
For consumers:
Provides assurance that licensed watchmakers meet state standards, protecting against incompetence or fraud.
For the Board:
Ensures mechanisms exist for enforcement, discipline, and maintaining the profession’s integrity.
Summary
NDAC Title 88 establishes a clear regulatory framework for the watchmaking profession in North Dakota, empowering the Board of Examiners in Watchmaking to license, regulate, and discipline practitioners. North Dakota courts have upheld the authority of such professional boards to protect public welfare, emphasizing due process in licensing and disciplinary matters.
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