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North Dakota's Private Investigative and Security Board -- a self-funded occupational-licensing agency, audited under a legislative mandate by the state's independently elected Auditor

ND Security-Licensing Board's Reserve Fell From $230K to $10K

Summary

North Dakota's board that licenses private investigators and security guards is self-funded entirely through fees. A legislatively mandated performance audit found its cash reserve fell from more than $230,000 in 2016 to about $10,000 by June 30, 2025, driven in part by $275,173 in legal costs -- $21,428 more than it recouped -- fighting unlicensed security firms after the Dakota Access Pipeline protests. The same audit found no documented policies, a licensee database nobody maintains, a backlog spread across 3 filing cabinets, 10 banker boxes and 11 storage crates, up to 425 hours a year spent hand-writing ID cards, and private attorneys billed at $114 an hour more than the state's own Attorney General's Office would have charged.

By Frontinus · July 19, 2026

The North Dakota Private Investigative and Security Board (PISB) -- the small, self-funded agency that licenses private investigators and security guards and is supposed to run entirely on the fees it collects -- has watched its cash reserve collapse. A legislatively mandated performance audit by North Dakota's independently elected State Auditor's Office, ordered by 2025's Senate Bill 2051 after lawmakers raised concerns about the Board's solvency, found the Board had over $230,000 in the bank in 2016 and approximately $10,000 by June 30, 2025 -- a decline of roughly 95.7%. The audit, covering January 1, 2019 through June 30, 2025, identified five separate problems, and the Board agreed with all five in its formal written response.

The reserve's decline traces to 2016, when unlicensed security companies operating during the Dakota Access Pipeline protests forced the Board into legal action it had to pay for out of its own pocket. That spending pattern never really stopped: over the full audit period the Board incurred $275,173 in legal expenses pursuing unlicensed activity and recouped $253,745 of it through settlements, stipulation agreements, and fines -- a net shortfall of $21,428, even before counting everything else auditors found wrong. In 2025, with its reserve nearly gone, the Board asked the legislature for a fee increase; lawmakers granted a 50% bump on most fees (the security-trainer fee moved from a one-time $25 charge to a $40 initial-and-renewal fee) but made the increase conditional on this audit.

A regulator with no rulebook of its own

Auditors found the Board has no documented policies or procedures at all -- decisions rest on "historical motions and recollection of previous situations," with no established system of internal control. That is not a new finding: the same gap was flagged in the Board's prior audit, for the period ended December 31, 2018, and the Board disagreed with the recommendation at the time, saying it did not feel internal-control documentation was necessary. This time the Board agreed to build a system based on the federal Green Book standard for internal control.

Cash reserve, 2016 to June 2025
$230K → $10K
a roughly 95.7% decline, tied in part to legal costs from unlicensed security firms during the Dakota Access Pipeline protests
Legal costs incurred vs. recouped
$275,173 vs $253,745
a $21,428 net shortfall, paid to private attorneys billing $241/hour on average — $114/hour more than the Attorney General's Office rate
Hours spent hand-issuing ID cards, per year
up to 425 hrs
a fully manual process for ~1,800 licenses/registrations a year; a sample of 28 renewals found 22 issued with no new card
The Board's cash reserve, 2016 vs. June 2025
Money in the bank for the North Dakota Private Investigative and Security Board
2016
230,000
June 30, 2025
10,000
Source: North Dakota Office of the State Auditor, Private Investigative and Security Board audit, Background, p.4
View data as table
The Board's reserve fell by roughly 95.7% in the nine years between 2016 and the audit's cutoff date. The audit does not apportion how much of that decline traces to any single cause, but its own Background narrative ties the reserve's fall to legal costs the Board took on pursuing unlicensed security firms after the 2016-17 Dakota Access Pipeline protests -- costs that continued through the audited period. In 2025 the Board asked the legislature for a fee increase to rebuild the reserve; lawmakers granted it, on the condition that the Board submit to this performance audit.
2016230,000over $230,000
June 30, 202510,000approximately $10,000

A backlog in banker boxes

Visiting the Board's Bismarck office in July 2025, auditors found backlogged license and renewal applications scattered across three filing cabinets, 10 banker boxes, and 11 storage crates -- 24 separate containers, in varying stages of processing. The Microsoft Access database meant to track licensees is overwritten every time a record is renewed or modified and was not being maintained because of the backlog, meaning the Board has no accurate list of who it has actually licensed. Meeting minutes were not prepared for 31 board meetings between October 2021 and June 2025, a violation of state law. Digging through unsorted correspondence, auditors also found $2,755 in stale-dated checks that had never been deposited and, after reviewing every bank statement from the audit period, another $455 in deposits reversed from stale-dated checks -- $3,210 combined in mishandled cash from an agency that can least afford to lose it.

425 hours a year, by hand

The Board issues a new pocket identification card to every licensee and registrant each year, and the process is entirely manual: the Executive Director told auditors each card takes 10 to 15 minutes to produce. At the Board's own estimate of roughly 1,800 licenses and registrations processed annually, that adds up to as much as 425 hours of staff time a year on card production alone -- and a sample of 28 renewals found 22 never got a new card issued at all, a casualty of the time crunch and the backlog. The math on the renewal calendar is no better: state law sets a September 30 annual deadline, the Board typically opens its window around August 1, and auditors calculated that squeezing the Board's own volume into that roughly 60-day span would require processing about 30 applications every single day of it.

Private lawyers at nearly double the state's rate

The audit's fifth finding goes straight at the legal bills that helped drain the reserve in the first place. Auditors compared what the Board pays its contracted private attorneys to what the North Dakota Attorney General's Office charges its client agencies: an average $241 an hour for a lead attorney under private contract, versus $127 an hour for an assistant attorney general -- a $114-per-hour gap. More than 75% of North Dakota's 55 regulatory boards and commissions already use the Attorney General's Office for legal work. The PISB does not.

Legal costs: incurred vs. recouped
Unlicensed-activity enforcement legal expenses, January 2019-June 2025
Legal expenses incurred
275,173
Recouped via settlements/fines
253,745
Source: North Dakota Office of the State Auditor, Private Investigative and Security Board audit, Legal Expense Objective, p.12
View data as table
The Board came up $21,428 short even after collecting settlements, stipulations, and fines from the unlicensed operators it pursued -- and paid private contract attorneys an average $241 an hour to do it, versus the $127-an-hour average the Attorney General's Office charges its own client agencies.
Legal expenses incurred275,173
Recouped via settlements/fines253,745

What the Board says it will do

The Board agreed with all five findings in some form, but its commitments vary in strength. On policies, the backlog, and the pocket-card process, it agreed to specific fixes: an internal-control system built on the Green Book, an Excel-based tracking process (having already dropped Microsoft Access), documented handling of incomplete applications, timely check deposits regardless of application status, and industry consultation on whether annual card reissuance is even necessary. On the renewal calendar, it agreed to widen the processing window and start using late fees. On legal costs -- the finding tied most directly to the reserve's collapse -- the Board's response is the softest of the five: it will "consider whether" the Attorney General's Office could handle some or all future matters, without committing to actually switch.

  • The Board's cash reserve fell from over $230,000 in 2016 to about $10,000 by June 30, 2025 -- a roughly 95.7% decline -- driven in part by legal costs pursuing unlicensed security firms since the 2016 Dakota Access Pipeline protests.
  • Over the audit period the Board spent $275,173 on that legal enforcement and recouped only $253,745, a $21,428 net loss, while paying private attorneys $241/hour on average against the Attorney General's Office's $127/hour rate -- a gap more than 75% of the state's other regulatory boards avoid by using state counsel.
  • A backlog of license and renewal applications sits in 24 physical containers -- 3 filing cabinets, 10 banker boxes, 11 storage crates -- with no maintained database, minutes missing for 31 board meetings held between October 2021 and June 2025, and $3,210 in mishandled checks and reversed deposits.
  • The Board spends up to 425 hours a year hand-issuing pocket ID cards for roughly 1,800 licenses and registrations, and a sample of 28 renewals found 22 never received a new card; it agreed to fix its policies, backlog, and card process, but only agreed to 'consider' moving its legal work to the Attorney General's Office.

All figures come from the North Dakota Office of the State Auditor's legislatively mandated performance audit of the Private Investigative and Security Board (transmittal letter dated January 29, 2026; publicly released March 16, 2026), covering January 1, 2019 through June 30, 2025, cross-checked against the Auditor's Office's own public news release. This piece independently recomputed the reserve's percentage decline, the net legal-cost shortfall, the combined check-handling lapses, the daily-application rate implied by the renewal window, and the backlog's container count; all match figures either stated directly in the report or reproducible from its own numbers.

Sources(3) ▾
  • North Dakota Office of the State Auditor (Joshua C. Gallion, State Auditor), North Dakota Private Investigative and Security Board -- Audit Report for the Period January 1, 2019 to June 30, 2025 (2026-01-29)The primary document -- a legislatively mandated performance audit ordered by 2025 Senate Bill 2051. Source for the Board's history and background including the 2016 Dakota Access Pipeline unlicensed-security litigation and the 2016-to-2025 cash reserve decline (Background, p.4), the fiscal-note licensing volume and Executive Director's annual-processing estimate (p.5), all five numbered findings and their recommendations and the Board's own written responses (Findings 2025-01 through 2025-05, pp.5-13), and the audit procedures and sampling results for both the licensing and legal-expense objectives (pp.14-16). portalapps.nd.gov · original document
  • North Dakota Office of the State Auditor, Legislatively Mandated Audit of Private Investigative and Security Board Finds Five Areas for Improvement (2026-03-16)The Auditor's Office's own public release announcing the audit's publication and summarizing all five findings in plain language -- independently corroborates the report's five-finding structure, the 425-hour pocket-card figure, and the $114-per-hour legal-cost differential, and establishes the public release date (March 16, 2026) as distinct from the report's internal transmittal-letter date (January 29, 2026). nd.gov · original document
  • North Dakota Office of the State Auditor, Contact Us -- North Dakota Office of the State Auditor (2026-07-19)Confirms the State Auditor's Office's current public contact channel (701-328-2241; 600 East Boulevard Ave, 3rd Floor, Bismarck, ND 58505-0060) -- the office that issued this audit and invites public inquiries about it. nd.gov · original document
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