North Dakota Administrative Code

All funeral chapels must have concrete sidewalk areas and approaches to the building for all entrances and exits. History: Effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-05

All funeral chapels must have electrical design that conforms to applicable state and local codes. History: Effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-05

All funeral chapels must have a functional aspiration system in place. History: Effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-05

All new funeral chapels must meet appropriate state and local fire codes. History: Effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-05

It is the responsibility of the funeral service establishment to ensure that its funeral chapels meet board requirements. History: Effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-05 2

The board may appoint a peer review committee as needed consisting of not more than four persons who are licensed to practice funeral service and an assistant attorney general assigned to the board to advise the board on standards of practice and other matters relating to specifi…

A licensee, intern embalmer, or applicant for licensure who is the subject of an inspection or investigation by the board shall cooperate fully with the inspection or investigation. Failure to cooperate constitutes grounds for disciplinary action. History: Effective May 1, 1998. …

A licensee or intern embalmer may not engage in or permit others under the licensee's supervision or employment to engage in unprofessional conduct. Unprofessional conduct includes: 1. Harassing, abusing, or intimidating a customer or a customer's family; 2. Using profane, indece…

A licensee or intern embalmer may not publish or disseminate false, misleading, or deceptive advertising. False, misleading, or deceptive advertising includes: 1. Identifying, by using the names or pictures of, persons who are not licensed to practice funeral service in a way tha…

A licensee may not directly or indirectly pay or cause to be paid any sum of money or other valuable consideration for the securing of business or for obtaining the authority to dispose of any dead human body. History: Effective May 1, 1998. General Authority: NDCC 43-10-05 Law I…

reimbursement. A funeral practitioner or intern embalmer may not offer, solicit, or accept a commission, fee, bonus, rebate, or other reimbursement in consideration for recommending or causing a dead human body to be disposed of in a specific crematorium, mausoleum, or cemetery u…

1. History. The employment security bureau was organized as a separate state agency in 1965. It is administered by a full-time salaried executive director who is subject to the supervision and direction of the governor. The name of the bureau was changed to job service North Dako…

Unless the context otherwise requires, terms used in regulations, interpretations, rules, forms, instructions, and other official pronouncements issued by the bureau shall have the following meanings: 1. All terms which are defined in the North Dakota Unemployment Compensation La…

The term "week" for liability determination purposes shall consist of a period of seven consecutive calendar days commencing 12:01 a.m. Sunday and ending midnight of the following Saturday. It is further prescribed that any portion of the period of seven consecutive days at the b…

Each employing unit having employment performed for it shall maintain records as hereinafter indicated and shall preserve such records (including those required under previous rules relating to records) reasonably protected against damage or loss for a period of not less than fiv…

Records shall be maintained by employing units in such form as to make it possible to determine from an inspection thereof with respect to any worker: 1. Earnings by pay period weeks, if paid on a weekly basis, or, if not so paid, then by calendar weeks or by such other seven con…

Each employing unit shall make such reports as the bureau may require, and shall comply with instructions printed upon any report form issued by the bureau pertaining to the preparation and return of such report. General Authority: NDCC 52-02-02 Law Implemented: NDCC 52-01-02, 52…

1. Every individual or organization which becomes an employing unit and for which services are performed in employment shall file a report to determine liability (status report, NDUC-301) within twenty days after such first employment. 2. Any employing unit, not already an employ…

Every employer (including every employing unit which has, with the approval of the bureau, become an employer by election under the provisions of the North Dakota Unemployment Compensation Law) shall post and maintain printed notices to the employer's workers informing them that …

Each employer shall ascertain the social security account number of each worker performing services for the employer in employment. General Authority: NDCC 52-02-02 Law Implemented: NDCC 52-01-02

If a worker does not have an account number, the employer shall request the worker to produce a receipt issued by an office of the social security administration indicating that the worker has filed an application for an account number. The receipt shall be retained by the worker…

If a worker fails to report the worker's correct account number or to produce a receipt issued by an office of the social security administration indicating that the worker had filed an application for an account number, the employer shall inform the worker that regulation 106 of…

Each employer shall inform the employer's workers, in instances in which the information is pertinent, that: 1. Copies of form ss-5, application for a social security account number, can be secured at any district office of the social security administration, an office at which c…

If a worker fails to comply with the requirements enumerated under section 27-02-05-03, the worker's employer shall execute a form ss-5, application for a social security account number, a statement signed by the employer, setting forth as fully and as clearly as possible the wor…

This chapter governs the North Dakota bureau in its administrative cooperation with other states subscribing to the interstate reciprocal coverage arrangement, hereinafter referred to as the arrangement. General Authority: NDCC 52-02-02 Law Implemented: NDCC 52-02-15

As used in this chapter, unless the context clearly indicates otherwise: 1. "Agency" means any officer, board, commission, or other authority charged with the administration of the unemployment compensation law of a participating jurisdiction. 2. "Interested jurisdiction" means a…

coverage arrangements. 1. Any employing unit may file an election, on form rc-1, to cover under the law of a single participating jurisdiction all of the services performed for the employing unit by any individual who customarily works for the employing unit in more than one part…

1. Commencement. a. An election duly approved under this chapter shall become effective at the beginning of the calendar quarter in which the election was submitted, unless the election, as approved, specifies the beginning of a different calendar quarter. b. If the electing unit…

1. The electing unit shall promptly notify each individual affected by its approved election, on the form rc-2 supplied by the elected jurisdiction, and shall furnish the elected agency a copy of such notice. 2. Whenever an individual covered by an election under this chapter is …

The executive director of the bureau hereby delegates to the director of the unemployment compensation division authority to approve or disapprove reciprocal coverage elections in accordance with this chapter. General Authority: NDCC 52-02-02 Law Implemented: NDCC 52-02-15 3…

Beginning January 1, 1941, except as otherwise provided in this chapter, contributions shall be payable for each calendar quarter with respect to wages paid during such calendar quarter for employment occurring on or after January 1, 1941. General Authority: NDCC 52-02-02 Law Imp…

Except as otherwise provided in this chapter, contributions shall become due on and shall be paid on or before the last day of the month following the close of the calendar quarter in which the wages are paid. General Authority: NDCC 52-02-02 Law Implemented: NDCC 52-01-01(9), 52…

The first contribution payment of any employing unit which becomes an employer at any time during a calendar year shall, except as otherwise provided in this chapter, become due on, and shall be paid on or before, the last day of the month next following the close of the quarter …

The first contribution payment of any employing unit which elects to become an employer or to have nonsubject services performed for it deemed employment shall upon written approval of such election by the bureau become due on, and shall be paid, except as otherwise provided by t…

Whenever the bureau or its authorized representative has, in writing, advised an employing unit that it has been determined not to be an employer or that services performed for it do not constitute employment, and a legal obligation on the part of such unit to pay contributions i…

The bureau may at its discretion require or permit an employer to pay contributions monthly instead of quarterly. Monthly contributions shall become due on, and shall be paid on or before the last day of the month next following the close of the month in which wages are paid. Gen…

Whenever the bureau finds with respect to a particular employer that the collection of contributions which have accrued during any completed or incompleted quarterly or monthly period may be jeopardized by delay it may advance the due date of such employer's contribution to such …

1. The bureau may at its discretion permit an employer to pay contributions in installments. Except as provided in subsection 2, any arrangement for payment in installments shall make provisions for the payment of interest on the past due delinquent contribution balances beginnin…

When the regular payment day for any contribution falls on Sunday or a legal holiday, such contribution shall be due and payable on the first regular business day next following. General Authority: NDCC 52-02-02 Law Implemented: NDCC 52-01-01(9), 52-04-01, 52-04-11, 52-04-18(1), …

Payment of contributions received through the mail shall be deemed to have been made and received on the date shown by the postmark. General Authority: NDCC 52-02-02 Law Implemented: NDCC 52-01-01(9), 52-04-01, 52-04-11, 52-04-18(1), 52-04-19(1),52-04-19.1(1), 52-04-19.1(2), 52-0…

1. An employer desiring an extension of time for the filing of wage and contribution reports must make written application for an extension of time to the unemployment compensation division prior to the due date of any such wage and contribution report. The application must inclu…

1. The employer will tender with such tentative return an estimated amount of the contributions due and payable for the calendar quarter for which such tentative return is filed. 2. The employer will submit within the period of extension an accurate return reflecting the payments…

1. Credit memoranda will be issued for all overpayments and such overpayments are subject to refund upon application by the employer and may be refunded in the discretion of the North Dakota unemployment compensation division without formal application for refund by the employer.…

An employing unit which is the successor to substantially all of the organization, trade, business, or the assets of a predecessor employing unit shall be supplied with an appropriate application form in order that it may request to be substituted to the position and all the righ…

When it comes to the attention of the bureau that an acquiring employer is successor to substantially all of the organization, trade, business or assets of a predecessor employing unit and has not made application for transfer, and it is deemed advisable to recompute the rate of …

In the event an application for transfer is approved by the bureau, or upon order of the bureau, the contribution rate of the acquiring employer for the period beginning with the date of transfer and ending with the next following effective date of contribution rates allowed unde…

On the next regular computation date following the transfer, the employer's rate will be based on the combined computation for the accounts set up as a single merged account. General Authority: NDCC 52-02-02 Law Implemented: NDCC 52-04-08 2…

The bureau may in connection with all hearings provided for under the terms of this chapter, appoint a special deputy, who shall be attached to the staff of the unemployment compensation division of the bureau in a full-time capacity and who shall by virtue of the appointment hav…

1. An employer applying for review and redetermination of the employer's rate of contributions shall file with the unemployment compensation division of the bureau an application setting forth: a. The name, address and official position of the person filing the application. b. Na…

1. Hearings shall be held at the office of the unemployment compensation division in Bismarck unless, in its discretion, the bureau may determine upon another place within the state. 2. The executive director of the bureau or the special deputy herein referred to shall preside ov…