Title 43 — Occupations and Professions
99 chapters · 1,384 sections in this title.
N.D.C.C. § 43-55-01 Definitions
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As used in this chapter: 1. "Administrative fee" means the fee charged to a client by a professional employer organization for professional employer services. The term does not include any amount of a fee which is for wages and salaries, benefits, workers' compensation coverage, …
N.D.C.C. § 43-55-02 Rights, duties, and obligations unaffected
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1. Neither this chapter nor a professional employer agreement may affect, modify, or amend a collective bargaining agreement or any right or obligation of a client, professional employer organization, or covered employee under federal law. 2. Neither this chapter nor a profession…
N.D.C.C. § 43-55-03 Licensing requirements
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1. A person may not provide, advertise, or otherwise hold itself out as providing professional employer services, unless the person is licensed under this chapter. A person engaged in the business of providing professional employer services shall obtain a license regardless of it…
N.D.C.C. § 43-55-04 Fees
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1. Upon filing of an application for a license, a professional employer organization shall pay a fee of one thousand dollars. 2. Upon filing of an application for renewal of a license, a professional employer organization shall pay a fee of five hundred dollars. 3. Any fees colle…
N.D.C.C. § 43-55-05 Bond
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1. A professional employer organization shall maintain a bond with a minimum value of the lesser amount of one hundred thousand dollars or five percent of the total wages reported on the employer's quarterly contribution and wage report to job service North Dakota for the quarter…
N.D.C.C. § 43-55-06 General requirements
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1. Except as specifically provided in this chapter or in a professional employer agreement, in each coemployment relationship: a. The client is entitled to exercise all rights and is obligated to perform all duties and responsibilities otherwise applicable to an employer in an em…
N.D.C.C. § 43-55-07 Benefit plans
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1. Both a client and a professional employer organization are deemed to be an employer for purposes of sponsoring retirement and welfare benefit plans for a covered employee. 2. A fully insured welfare benefit plan offered to the covered employees of a professional employer organ…
N.D.C.C. § 43-55-09 Confidential records
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All audited financial reports and the employers' quarterly contribution and wage report to job service North Dakota are confidential except to the extent necessary for the proper administration of this chapter by the secretary of state or the attorney general.
N.D.C.C. § 43-55-10 Interagency cooperation
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A state agency, in performing duties under other laws that affect the regulation of professional employer organizations, shall cooperate with the secretary of state as necessary to administer and enforce this chapter.