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North Dakota Century Code Title 65. Workforce Safety and Insurance § 65-02-11. Process and procedure--Investigations--Examination of witnesses--Costs

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Except as otherwise provided by this title, process and procedure under this title is governed by chapter 28-32.  The organization may make investigation as in its judgment is best calculated to ascertain the substantial rights of all the parties.  Any member of the organization and any person specifically designated by the organization may examine witnesses and records, with or without subpoena, examine, investigate, copy, photograph, and take samples at any pertinent location or facility, administer oaths to witnesses, require the attendance of witnesses without fee whenever the testimony is taken at the home, office, or place of work of those witnesses, and generally to do anything necessary to facilitate or promote the efficient administration of this title.  The organization may issue a subpoena to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and any other records deemed necessary by the organization.  Subpoenas may be enforced by applying to a judge of the district court for an order requiring the attendance of a witness, the production of all documents and objects described in the subpoena, or otherwise enforcing an order.  Failure to comply with the order of the district court is contempt as provided in chapter 27-10.  The organization shall pay the costs of any medical examination, scientific investigation, medical or expert witness appearance or report, requested or approved by the organization, relating to a claim for benefits, from the organization's general fund.

In this subchapter:

(1)In general

The terms “elementary school”, “secondary school”, “local educational agency”, and “State educational agency” have the meanings given those terms in section 7801 of this title and the terms “freely associated states” and “outlying area” have the meanings given those terms in section 6331(c) of this title.

(2)Applied research

The term “applied research” means research--

(A) to gain knowledge or understanding necessary for determining the means by which a recognized and specific need may be met;  and

(B) that is specifically directed to the advancement of practice in the field of education.

(3)Basic research

The term “basic research” means research--

(A) to gain fundamental knowledge or understanding of phenomena and observable facts, without specific application toward processes or products;  and

(B) for the advancement of knowledge in the field of education.


The term “Board” means the National Board for Education Sciences established under section 9516 of this title.


The term “Bureau” means the Bureau of Indian Affairs.

(6)Comprehensive center

The term “comprehensive center” means an entity established under section 9602 of this title.


The term “Department” means the Department of Education.


The term “development” means the systematic use of knowledge or understanding gained from the findings of scientifically valid research and the shaping of that knowledge or understanding into products or processes that can be applied and evaluated and may prove useful in areas such as the preparation of materials and new methods of instruction and practices in teaching, that lead to the improvement of the academic skills of students, and that are replicable in different educational settings.


The term “Director” means the Director of the Institute of Education Sciences.


The term “dissemination” means the communication and transfer of the results of scientifically valid research, statistics, and evaluations, in forms that are understandable, easily accessible, and usable, or adaptable for use in, the improvement of educational practice by teachers, administrators, librarians, other practitioners, researchers, parents, policymakers, and the public, through technical assistance, publications, electronic transfer, and other means.

(11)Early childhood educator

The term “early childhood educator” means a person providing, or employed by a provider of, nonresidential child care services (including center-based, family-based, and in-home child care services) that is legally operating under State law, and that complies with applicable State and local requirements for the provision of child care services to children at any age from birth through the age at which a child may start kindergarten in that State.

(12)Field-initiated research

The term “field-initiated research” means basic research or applied research in which specific questions and methods of study are generated by investigators (including teachers and other practitioners) and that conforms to standards of scientifically valid research.

(13)Historically Black college or university

The term “historically Black college or university” means a part B institution as defined in section 1061 of this title.


The term “Institute” means the Institute of Education Sciences established under section 9511 of this title.

(15)Institution of higher education

The term “institution of higher education” has the meaning given that term in section 1001(a) of this title.

(16)National research and development center

The term “national research and development center” means a research and development center supported under section 9533(c) of this title.

(17)Provider of early childhood services

The term “provider of early childhood services” means a public or private entity that serves young children, including--

(A) child care providers;

(B) Head Start agencies operating Head Start programs, and entities carrying out Early Head Start programs, under the Head Start Act (42 U.S.C. 9831 et seq.);

(C) preschools;

(D) kindergartens;  and

(E) libraries.

(18)Scientifically based research standards

(A) The term “scientifically based research standards” means research standards that--

(i) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to education activities and programs;  and

(ii) present findings and make claims that are appropriate to and supported by the methods that have been employed.

(B) The term includes, appropriate to the research being conducted--

(i) employing systematic, empirical methods that draw on observation or experiment;

(ii) involving data analyses that are adequate to support the general findings;

(iii) relying on measurements or observational methods that provide reliable data;

(iv) making claims of causal relationships only in random assignment experiments or other designs (to the extent such designs substantially eliminate plausible competing explanations for the obtained results);

(v) ensuring that studies and methods are presented in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research;

(vi) obtaining acceptance by a peer-reviewed journal or approval by a panel of independent experts through a comparably rigorous, objective, and scientific review;  and

(vii) using research designs and methods appropriate to the research question posed.

(19)Scientifically valid education evaluation

The term “scientifically valid education evaluation” means an evaluation that--

(A) adheres to the highest possible standards of quality with respect to research design and statistical analysis;

(B) provides an adequate description of the programs evaluated and, to the extent possible, examines the relationship between program implementation and program impacts;

(C) provides an analysis of the results achieved by the program with respect to its projected effects;

(D) employs experimental designs using random assignment, when feasible, and other research methodologies that allow for the strongest possible causal inferences when random assignment is not feasible;  and

(E) may study program implementation through a combination of scientifically valid and reliable methods.

(20)Scientifically valid research

The term “scientifically valid research” includes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with scientifically based research standards.


The term “Secretary” means the Secretary of Education.


The term “State” includes (except as provided in section 9548 of this title) each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the freely associated states, and the outlying areas.

(23)Technical assistance

The term “technical assistance” means--

(A) assistance in identifying, selecting, or designing solutions based on research, including professional development and high-quality training to implement solutions leading to--

(i) improved educational and other practices and classroom instruction based on scientifically valid research;  and

(ii) improved planning, design, and administration of programs;

(B) assistance in interpreting, analyzing, and utilizing statistics and evaluations;  and

(C) other assistance necessary to encourage the improvement of teaching and learning through the applications of techniques supported by scientifically valid research.

Cite this article: - North Dakota Century Code Title 65. Workforce Safety and Insurance § 65-02-11. Process and procedure--Investigations--Examination of witnesses--Costs - last updated January 01, 2020 |

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