North Dakota Administrative Code Title 86 - Veterans' Affairs, Administrative Committee on
1. Licensing of Public Livestock Auction Markets
What it covers
NAC 573 requires that all public livestock auction markets in Nevada be licensed to operate legally.
Requirements
Submit an application to the Nevada Department of Agriculture (NDA).
Provide information about ownership, facilities, and operations.
Pay applicable fees.
Regulatory Role
NDA ensures markets meet standards for animal welfare, recordkeeping, and transparency.
Licenses can be denied, suspended, or revoked for noncompliance.
Why it matters
Protects livestock sellers and buyers from fraud.
Ensures that animals are sold in safe, regulated environments.
Example
If an auction market operates without a license, the NDA can shut it down until a license is issued and compliance is verified.
2. Recordkeeping and Reporting
What it covers
Operators must maintain accurate records of all livestock sales, including:
Owner and buyer information
Number and type of animals sold
Sale prices
Regulatory Role
NDA may inspect records at any time.
Reports are used for auditing, taxation, and compliance monitoring.
Why it matters
Provides transparency and accountability.
Protects against disputes over sales transactions.
Example
If a seller claims their livestock sold for a different price than recorded, NDA records serve as the official reference for resolving the dispute.
3. Animal Identification and Health Requirements
What it covers
All livestock sold publicly must meet health and identification standards, such as:
Proper tags or brands
Vaccination and disease testing records
Regulatory Role
NDA ensures only healthy animals are sold.
Markets must refuse animals that do not meet requirements.
Why it matters
Prevents the spread of livestock diseases.
Protects buyers and maintains public confidence in markets.
Example
If an auction receives cattle without proper vaccination records, NDA can require those animals to be removed or quarantined.
4. Conduct of the Sale
What it covers
NAC 573 outlines rules for how public livestock auctions are conducted:
Auctions must be open and competitive.
Bidding procedures must be fair.
Sellers and buyers must be treated equitably.
Regulatory Role
NDA can investigate complaints about unfair practices.
Rules may require signage, disclosure of animal condition, and recording of bids.
Why it matters
Ensures fairness and trust in the marketplace.
Reduces disputes and fraudulent sales practices.
Example
If an auctioneer misrepresents an animal’s age or breed to inflate the sale price, NDA can intervene and sanction the market.
5. Handling of Sale Proceeds
What it covers
The NAC regulates how proceeds from sales are distributed:
Sellers receive payment promptly.
Auction markets must follow proper accounting procedures.
Any fees or commissions must be disclosed.
Regulatory Role
NDA ensures markets do not withhold funds improperly.
Protects against financial disputes between buyers and sellers.
Why it matters
Maintains financial integrity of public livestock markets.
Protects small-scale farmers and ranchers from exploitation.
Example
If a market delays payments to sellers for weeks without justification, NDA can require immediate payment and investigate potential misconduct.
6. Dispute Resolution and Complaints
What it covers
The NAC provides mechanisms for handling disputes arising from public livestock sales, including:
Animal misrepresentation
Payment disputes
Breach of auction rules
Regulatory Role
NDA investigates complaints.
Can mediate between buyers and sellers.
May impose penalties on markets or individuals for violations.
Why it matters
Ensures confidence in public sales.
Prevents market disruption due to unfair practices.
Example
If a buyer receives an animal with undisclosed health issues, NDA can investigate and require corrective action or restitution.
7. Sanctions and Penalties
What it covers
Chapter 573 specifies penalties for violating public sale regulations:
Operating without a license
Falsifying records
Selling diseased or improperly identified animals
Engaging in unfair auction practices
Regulatory Role
NDA can impose fines, revoke licenses, or suspend operations.
Why it matters
Deters noncompliance.
Protects the integrity of Nevada’s livestock markets.
Example
A market repeatedly fails to maintain accurate records and sells animals with fake health documentation. NDA can revoke its license permanently.
8. Emergency or Special Sales
What it covers
The NAC allows special provisions for emergency livestock sales, such as during:
Disease outbreaks
Natural disasters
Market disruptions
Regulatory Role
NDA may allow expedited licensing or modified rules to facilitate emergency sales.
Still requires recordkeeping and health compliance as much as feasible.
Why it matters
Ensures continuity of the livestock market.
Protects public and animal safety even in emergencies.
Example
After a wildfire, a rancher may need to sell livestock quickly at a public sale. NDA can authorize a temporary auction under relaxed but safe conditions.
Summary Table
| Case Area | Regulatory Role | Why It Matters |
|---|---|---|
| Licensing | Approve, suspend, revoke licenses | Ensures legal operation and accountability |
| Recordkeeping | Inspect and audit records | Transparency and dispute resolution |
| Animal Health & ID | Enforce standards | Prevents disease and protects buyers |
| Sale Conduct | Ensure fair auctions | Fair competition and trust |
| Sale Proceeds | Monitor payment and commissions | Protects sellers financially |
| Dispute Resolution | Investigate complaints | Maintains market integrity |
| Sanctions & Penalties | Impose fines, revoke licenses | Deters violations |
| Emergency Sales | Allow special rules | Continuity of market during crises |
North Dakota Administrative Code (NDAC), Title 86 – Veterans’ Affairs, Administrative Committee on Veterans’ Affairs, focusing on more than five detailed “cases” or applications under these rules. These will not be judicial cases, but rather regulatory or administrative applications of the NDAC.
1. Eligibility Determination for Veterans’ Benefits
What it covers
The Administrative Committee oversees determining who qualifies for state-administered veterans’ benefits, such as:
Educational assistance
Financial aid for disabled veterans
Burial and memorial services
Committee Role
Review applications and verify service records
Ensure claimants meet criteria defined by NDAC and state law
Make decisions on approvals or denials
Why it matters
Ensures state benefits go to legitimately qualified veterans
Prevents misuse of limited resources
Example
A veteran applies for tuition assistance but has gaps in service documentation. The committee may request additional military records before granting benefits.
2. Review of Veterans’ Assistance Grants
What it covers
NDAC Title 86 governs grants distributed to veterans’ organizations (e.g., nonprofits providing housing or employment support).
Committee Role
Evaluate grant applications for compliance with rules
Allocate funds based on need and program effectiveness
Monitor organizations for proper fund use
Why it matters
Promotes accountability and transparency in spending
Supports veterans’ programs that meet real needs
Example
A veterans’ housing nonprofit requests funding to renovate a shelter. The committee reviews the budget and ensures it aligns with NDAC standards before approving.
3. Oversight of Veterans’ Homes
What it covers
The committee provides administrative oversight for state-run veterans’ homes, including:
Health and safety compliance
Staffing levels and training
Budget review
Committee Role
Inspect facilities periodically
Recommend improvements to the Department of Veterans Affairs
Ensure care standards meet state regulations
Why it matters
Protects veterans living in state facilities
Prevents neglect or mismanagement
Example
If a veterans’ home fails a sanitation inspection, the committee may require corrective action and monitor compliance before allowing new admissions.
4. Appeals and Dispute Resolution
What it covers
Veterans who disagree with benefit decisions can appeal to the Administrative Committee.
Process
Veteran submits a written appeal
Committee reviews documentation and hears statements
Issues a decision in accordance with NDAC rules
Why it matters
Ensures due process for veterans
Provides a structured, fair mechanism for resolving disputes
Example
A veteran denied travel reimbursement for medical appointments can appeal. The committee reviews mileage logs, medical records, and eligibility criteria to issue a decision.
5. Administrative Rulemaking and Policy Interpretation
What it covers
The committee interprets and applies NDAC rules related to veterans’ benefits and may propose policy changes or clarifications.
Committee Role
Resolve ambiguities in regulations
Issue guidance to the Department of Veterans Affairs and veterans’ service organizations
Recommend updates to NDAC Title 86 to improve administration
Why it matters
Ensures consistency across offices and programs
Prevents misinterpretation of complex regulations
Example
If a rule does not specify whether spouses of disabled veterans qualify for a particular benefit, the committee provides an official interpretation for consistent application.
6. Auditing and Reporting Requirements
What it covers
NDAC requires the committee to audit and report on veterans’ programs and benefits.
Committee Role
Review financial records of veterans’ organizations receiving state funds
Evaluate program effectiveness
Submit reports to state leadership for transparency and accountability
Why it matters
Ensures funds are used properly
Helps improve services based on data-driven assessments
Example
During an audit, the committee discovers that a grant recipient underreported expenditures. The committee may require reimbursement and revise reporting procedures.
7. Coordination with Federal Veterans’ Programs
What it covers
The Administrative Committee coordinates state benefits with federal programs to maximize assistance for veterans.
Committee Role
Ensure state benefits complement federal benefits (e.g., VA healthcare, GI Bill)
Prevent duplication of benefits
Provide guidance to veterans on program integration
Why it matters
Enhances the effectiveness of benefits
Helps veterans navigate both state and federal programs efficiently
Example
A veteran is eligible for both state and federal education aid. The committee ensures the combined funding meets the veteran’s needs without exceeding allowable limits.
8. Compliance and Enforcement Actions
What it covers
The committee enforces NDAC rules by addressing noncompliance by veterans’ organizations or facilities.
Committee Role
Issue warnings or corrective actions
Suspend or revoke participation in state programs for violations
Ensure public funds are used legally and ethically
Why it matters
Protects veterans from fraud or mismanagement
Maintains trust in state-administered programs
Example
A veterans’ service group misuses grant funds for unrelated expenses. The committee can suspend the organization’s eligibility for future funding until compliance is restored.
Summary Table
| Case Area | Committee Role | Why It Matters |
|---|---|---|
| Eligibility Determination | Review and approve veteran claims | Ensures benefits go to qualified recipients |
| Grants Oversight | Evaluate and monitor funded programs | Accountability and proper resource allocation |
| Veterans’ Homes Oversight | Inspect and enforce standards | Protects health and safety of residents |
| Appeals & Disputes | Hear and resolve appeals | Provides due process and fairness |
| Rulemaking & Interpretation | Clarify and propose NDAC rules | Ensures consistent application |
| Auditing & Reporting | Examine records and report findings | Transparency and improved program management |
| Coordination with Federal Programs | Align state/federal benefits | Maximizes assistance for veterans |
| Compliance & Enforcement | Correct violations | Protects funds and maintains trust |
RELATED Blog
comments