North Dakota Administrative Code

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…

1. Within ten days after the conclusion of the hearing, the bureau shall announce its findings of fact and determination which shall be in writing and shall be signed by the executive director or the deputy who presides in such hearing. 2 2. A copy of the determination shall be m…

1. If board, lodging, or any other payment in kind, considered as payment for services performed by a worker, is in addition to or in lieu of (rather than a deduction from) money wages, the bureau shall determine or approve the cash value of such payment in kind, and the employer…

If gratuities constitute partial or entire payment for services performed by a worker, the employer shall include as wages the amount of gratuities or tips actually received by each worker or shall make a reasonable valuation of the average remuneration from that source, showing …

1. A project will be subject to the provisions of North Dakota Century Code section 52-04-06.1 if the bureau determines that: a. The total of the contracts awarded on the project are at least twenty-five million dollars excluding contracts awarded solely for design and engineerin…

1. Subdivision a of subsection 17 of North Dakota Century Code section 52-01-01 contains three separate and independent tests for determining if the service is employment. 2. The first test relates to the test for determining whether the service of an officer of a corporation is …

1. The director of the job insurance division or the director's designee may, after a notice and opportunity for hearing, make findings of fact and, on the basis thereof, determine whether an individual or organization is an employing unit, whether the service performed for an em…

Benefit terms used in regulations, interpretations, rules, forms, instructions, and other official pronouncements issued by the bureau, shall have the following meanings: 1. "Additional claim" is a notification filed at the beginning of a second or subsequent series of claims wit…

disqualification or ineligibility. 1. Separation information from employer. When a claimant has been determined to have insured status, the division shall promptly notify the worker's last employer on form nduc 211(a), notice of valid claim for unemployment insurance. In the even…

1. Definition of mass separation. "Mass separation" as used in this chapter means the layoff from work of twenty-five or more workers in a single establishment (either permanently or for an indefinite period or for an expected duration of seven days or more) at or about the same …

1. Notice to the division of labor dispute. In cases of total unemployment due to strike, lockout, or other labor dispute, the employer shall file with the division, in lieu of a mass separation notice, a notice setting forth the existence of such dispute and the approximate numb…

Whenever a worker is separated from the worker's employment (permanently or for an indefinite period or for an expected duration of seven or more days) the employer shall instruct such worker to report promptly, either in person or by mail, to the public employment service office…

benefit year. 1. Within one week after the termination of the pay period containing a week in which an employer has furnished any worker in the employer's employ less than four full days of work due to lack of work, or the time or dollar earnings equivalent thereof, or, on the cu…

1. After an employer has been notified of the weekly benefit amount and current benefit year ending date of any worker in the employer's employ, such employer, until the benefit year expiration date shown on the notice, or until otherwise notified, shall within one week after the…

1. A claim for benefits for partial unemployment filed by an individual in person at any local office of the public employment service, or at an itinerant point thereof, on form nduc-222, continued claim for partial unemployment benefits, or on form nduc-211, initial claim, shall…

Notwithstanding the provisions of section 27-03-03-03, if the division finds that the failure of any individual to register and file a claim for partial unemployment benefits within the time set forth was due to failure on the part of the employer to comply with any of the provis…

Employer's payroll records may be kept in any manner best suited to their convenience but, in addition to the requirements set forth in chapter 27-02-02, such records shall be kept in such form that it would be possible from an inspection thereof to determine: 1. Wages earned by …

1. New claims filed in person. A new claim for benefits filed in person shall be initiated with a representative of the bureau at any bureau office or with an itinerant representative of the bureau. Such claim shall be made on the initial claim form, setting forth that the worker…

1. Continued claims filed in person. Continued claims filed in person, except those filed by partially unemployed workers, shall be made on form nduc-217, continued claim, setting forth that for the week entered on the continued claim form the claimant: a. Claims benefits. b. Was…

The bureau or its representative reserves the right to withdraw the mail claim privilege granted to claimants if circumstances warrant such action. General Authority: NDCC 52-02-02 Law Implemented: NDCC 52-01-01(5), 52-01-01(21), 52-06-01, 52-06-08 2…

If a worker, except a partially unemployed worker, becomes employed in a week or immediately following a week for which the worker may be eligible for benefits and such employment prevents the worker from filing a continued claim, in accordance with regularly established continue…

The bureau, for reasons found to constitute good cause for an individual's inability to report at the bureau office or itinerant service office at which the individual filed the individual's claim for benefits and registered for work, may permit such individual to report to any o…

1. Application for reinstatement. A claimant, except a partially unemployed worker, who has not filed continued claim for two or more regularly established filing dates, shall apply for reinstatement in accordance with the provisions set forth in section 27-03-04-01. 2. Reinstate…

A claimant shall provide such information in connection with the claimant's claim for benefits as the bureau or its representative deems necessary for the proper administration of the law. If a claimant fails to submit information as requested by the bureau or its representative,…

A claimant who fails, without good cause, to report to a job service office as directed is not entitled to benefits for the week in which such failure occurs and for every subsequent week until such time as 3 the claimant does report as directed. A claimant may be directed to rep…

This chapter governs the North Dakota unemployment compensation division in its administrative cooperation with other states adopting a similar regulation for the payment of benefits to interstate claimants. General Authority: NDCC 52-02-02 Law Implemented: NDCC 52-02-15

As used in this chapter, unless the context clearly requires otherwise: 1. "Agent state" means any state in which an individual files a claim for benefits from another state. 2. "Benefits" means the compensation payable to an individual, with respect to the individual's unemploym…

Each interstate claimant shall be registered for work, through any public employment office in the agent state when and as required by law, regulations, and procedures of the agent state. Such registration shall be accepted as meeting the registration requirements of the liable s…

1. If a claimant files a claim against any state, and it is determined by such state that the claimant has available benefit credits in such state, then claims shall be filed only against such state as long as benefit credits are available in that state. Thereafter, the claimant …

1. Claims for benefits or waiting period shall be filed by interstate claimants on uniform interstate claim forms and in accordance with uniform procedures developed pursuant to the interstate benefit payment plan. Claims shall be filed in accordance with the type of week in use …

The agent state shall, in connection with each claim filed by an interstate claimant, ascertain and report to the liable state in question such facts relating to the claimant's availability for work and eligibility for benefits as are readily determinable in and by the agent stat…

1. The agent state shall afford all reasonable cooperation in the taking of evidence and the holding of hearings in connection with appealed interstate benefit claims. 2. With respect to the time limits imposed by the law of a liable state upon the filing of an appeal in connecti…

Canada. This chapter shall apply in all its provisions to claims taken in and for Canada. General Authority: NDCC 52-02-02 Law Implemented: NDCC 52-02-15 3

Any interested party to a determination on a claim for benefits may file an appeal within twelve days after the determination was mailed to the party or twelve days after the determination was otherwise delivered to the party. The appeal shall be in writing, shall set forth a sta…

Appeals shall be heard at the earliest possible date. All interested parties shall be given at least seven days notice of the hearing stating the time and place of hearing and the issues involved. General Authority: NDCC 52-06-20 Law Implemented: NDCC 52-06-10, 52-06-13, 52-07.1-…

1. All hearings shall be conducted informally and in such manner as to determine the substantial rights of the parties. All issues relevant to the appeal shall be considered and passed upon. The claimant and any other interested party may present such evidence as may be pertinent…

1. At the referee's discretion, the referee may adjourn a hearing in order to secure additional evidence. The referee may postpone a hearing if the referee decides that such action is necessary to afford all parties a fair hearing. 2. The referee shall continue or reopen a hearin…