North Dakota Administrative Code

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…

The referee shall, within seven days after the hearing, set forth in writing the referee's findings of fact, the referee's decision and the reasons for such decision. Copies of such findings of fact and decision shall be mailed to all interested parties, and shall be final unless…

1. Any interested party to an appeal referee's decision may, within twelve days after the mailing of the appeal decision, request further review or appeal to the bureau. Such appeal shall be in writing and shall be filed with the local office of the state employment service, or a…

Repealed effective September 1, 1985.

The claimant's attorney fees paid by the bureau for representation in district court, only if the claimant finally prevails, are those fees charged to the claimant by the attorney and which would otherwise be payable to the attorney by the claimant. The amount of a claimant's att…

This chapter governs the administration of the North Dakota Unemployment Compensation Law as it relates to payment of benefits to persons in approved training. General Authority: NDCC 52-02-02 Law Implemented: NDCC 52-06-01, 52-06-02(6)

An otherwise eligible individual, for the purposes of this chapter, is a person who meets the requirements set forth in North Dakota Century Code section 52-06-01, except for the requirements of subdivision a of subsection 3 of North Dakota Century Code section 52-06-01 relating …

An otherwise eligible unemployed individual who has filed or files a claim for benefits may make written application to the bureau for approval of a training or retraining program which the individual proposes to attend or to which the individual has been referred by the bureau. …

An individual's application for enrollment in a training or retraining program, unless other relevant factors dictate otherwise, must be approved by the bureau for an otherwise eligible unemployed individual if the bureau finds that the training or retraining program meets all of…

An otherwise eligible unemployed individual whose written application for approval of training or retraining has been approved by the bureau may be paid benefits for any week during a period of training or retraining if the bureau finds that all of the following have been met: 1.…

Terms used in this chapter, unless the context clearly indicates otherwise, have the following meanings: 1. "Act" means chapter 493 of the 1993 Session Laws. 2. "Applicant" means a business submitting a project application for approval by job service North Dakota. 3. "Debt servic…

An award to a new or expanding business for the purpose of training current and new employees for new job positions must be made in the form of a loan to that business by the department or a community. Funds received in the form of a loan must be used to train employees hired in …

As set forth in the preliminary agreement, job service North Dakota may charge each applicant an application fee to cover part or all administrative and legal costs incurred prior to project funding. If job service North Dakota elects to charge an application fee, this applicatio…

Job positions for which training is planned must be positions intended by the employer to exist on an ongoing basis with no plan termination date. Training is available only to individuals who are eligible employees of the business and who are subject to state income tax withhold…

Applications for training assistance must be submitted to job service North Dakota on behalf of the business, jointly by the business, and by the department or a community certifying that the employer has qualified for a loan. Job service North Dakota shall use an application for…