North Dakota Administrative Code

Cremation authorization permits must be signed by the legal representative or representatives of the deceased, and all information with full name of decedent, date and place of birth, and date and place of death, and cause of death, and final disposition of cremains instructions,…

Repealed effective May 1, 1998. 3

All licensed crematories must develop, implement, and maintain an identification procedure whereby dead human bodies can be identified from the time the crematorium accepts delivery of the remains until the cremated remains are released to an authorized party. Before cremation, a…

1. Crematoriums are forbidden to cremate fetuses, limbs, and body parts from private or public health agencies or medical schools or medical doctors unless appropriate releases are given to the crematoriums by those agencies. Copies of releases must remain with the cremation auth…

Funeral directors holding cremated remains must have written release from legal next of kin before the funeral director disposes of remains in any manner other than that suggested on the cremation form. The release must clearly remove liability of the funeral director, the cremat…

After twelve months, unclaimed cremated remains may be disposed of by earth burial in an established cemetery in an appropriate container. The container may hold one or more cremated remains, as long as the individual remains are kept separate. At least thirty days prior to such …

A crematorium that sells funeral goods shall comply with 16 CFR part 453. A failure to do so is grounds for disciplinary action. History: Effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-05 5

An application to license a funeral chapel must be made on a form provided by the board and include the application fee of thirty-five dollars. The license expires after December thirty-first of every year, and may be renewed by submitting a renewal application and the renewal fe…

All funeral chapels must have appropriate entrance and exit doors clearly marked and lighted. All exterior and interior doors must be of appropriate width and length. History: Effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-05

All funerals chapels must have restroom facilities that meet state and local requirements. History: Effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-05

All funeral chapels must have running water and adequate plumbing facilities. History: Effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-05 1

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…