AGO 96-F-006.

CourtNorth Dakota
North Dakota Attorney General Opinions 1996. AGO 96-F-006. STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 96-F-06Date Issued: March 13, 1996Requested by: Representative Francis J. Wald- QUESTION PRESENTED -Whether a subcontractor of a general primary seismic exploration contractor needs to be bonded under N.D.C.C. ch. 38-08.1 to engage in geophysical exploration if the general primary seismic contractor is bonded.- ATTORNEY GENERAL'S OPINION - It is my opinion that a subcontractor of a general primary seismic contractor needs to be bonded under N.D.C.C. ch. 38-08.1 to engage in geophysical exploration even if the general primary seismic contractor is bonded. - ANALYSIS - Any person desiring to engage in geophysical exploration must first file an application for a geophysical exploration permit under N.D.C.C. § 38-08.1-04. The application for a geophysical exploration permit must, among other things, list the name of the person intending to engage in geophysical exploration, the name of any subcontractors to be employed by the person intending to conduct geophysical exploration, the date upon which geophysical exploration is to begin, and the approximate number and depth of any drill holes and the location of any drill holes or description of the property upon which the geophysical exploration is to be conducted. Id. Additionally, N.D.C.C. § 38-08.1-04(6) provides that the application for a geophysical exploration permit include "[a] certificate from the industrial commission indicating that the person intending to engage in geophysical exploration and any subcontractors to be employed by that person have each filed with the industrial commission a good and sufficient surety bond." (Emphasis added.) Bond requirements for geophysical exploration are set under N.D.C.C. § 38-08.1-03.1. N.D.C.C. § 38-08.1-03.1 provides, in part, that "[a] person desiring to engage in geophysical exploration in this state shall also file with the industrial commission a good and sufficient surety bond in the amount of $15,000 for a single geophysical crew or a blanket surety bond in the amount of $30,000 for all geophysical crews operating within the state for such person." Once the bond is filed and the authority to transact business in this state is effected, N.D.C.C. § 38-08.1-03.1(4) directs "the industrial commission [to] issue to...

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