Title 52 — Social Security

Any employing unit which is or becomes an employer subject to the North Dakota unemployment compensation law within any calendar year must be deemed to be an employer during the whole of such calendar year, except as provided in sections 52-05-02 and 52-05-03.

Any employing unit, not otherwise subject to the provisions of the North Dakota unemployment compensation law, which files with the bureau its written election to become an employer subject to such provisions for not less than two calendar years, upon the written approval of such…

Except as provided in sections 52-05-02 and 52-05-03, an employing unit shall cease to be an employer subject to the North Dakota unemployment compensation law only as of the first day of January of any calendar year, and only if it files with the bureau during January of such ye…

An unemployed individual is eligible to receive benefits with respect to any week only if the bureau finds that: 1. The individual has made a claim for benefits with respect to such week in accordance with such regulations as the bureau may prescribe; 2. The individual has regist…

An individual is disqualified for benefits: 1. a. For the week in which the individual has left the individual's most recent employment voluntarily without good cause attributable to the employer, and thereafter until such time as the individual: (1) Can demonstrate that the indi…

Beginning twenty-four months after the date when contributions first accrued under the North Dakota unemployment compensation law, benefits become payable from the fund. Benefits must be paid through public employment offices in accordance with such regulations as the bureau may …

Any otherwise eligible individual is entitled during the individual's benefit year to benefits for the number of times the individual's weekly benefit amount appearing in the following table on the line which includes the individual's ratio of total base-period wages to highest q…

Each eligible individual who is unemployed with respect to any week must be paid with respect to such week a benefit in an amount equal to the individual's weekly benefit amount less that part of the wages, if any, payable to the individual with respect to such week which is in e…

1. An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether or not the individual owes child support obligations as defined under subsection 7. If any such individual discloses that the individual owes child support …

Claims for benefits under the North Dakota unemployment compensation law must be made in accordance with such regulations as the bureau may prescribe.

A determination upon a claim filed pursuant to section 52-06-08 must be made promptly by an examiner and must include a statement as to whether and in what amount the claimant is entitled to benefits for the weeks with respect to which the determination is made and in the event o…

Whenever any claim for benefits under the North Dakota unemployment compensation law involves the application of the provisions of subsection 4 of section 52-06-02, the examiner handling the claim, if so directed by the bureau, shall transmit such claim promptly to the appeals re…

Notice of a determination upon a claim must be given promptly to the claimant by delivery thereof or by mailing such notice to the claimant's last-known address. In addition, notice of any determination which involves the application of the provisions of section 52-06-02 together…

The bureau shall, upon determination of an individual's eligibility for benefits chargeable against each base-period employer's account, notify each of the individual's base-period employers, including employers electing to finance benefit payments on a reimbursable basis, of the…

The bureau shall appoint one or more impartial appeal examiners known as the appeal tribunal, who shall hear and decide appealed claims. Each such tribunal shall consist of a referee selected in accordance with chapter 52-02, or a body composed of three members, one of whom must …

The parties must be notified promptly of an appeal tribunal's decision upon an appeal taken as is provided in section 52-06-13 and must be furnished with a copy of the decision and the findings and conclusions in support thereof. The decision is final unless, within twelve days a…

The job insurance division may reconsider a determination of a claim whenever it finds: 1. That an error in computation or identity has occurred in connection therewith; 2. That wages of the claimant pertinent to such determination but not considered in connection therewith have …

If the amount of benefits is increased upon such redetermination, an appeal from the redetermination, solely with respect to the matters involved in such increase, may be filed in the manner and subject to the limitations provided in this chapter. If the amount of benefits is dec…

The bureau, on its own motion, and within the time specified in section 52-06-15, may initiate a review of the decision of the appeal tribunal or may allow an appeal from such decision upon an application filed within such time by any party entitled to notice of such decision. An…

The bureau and appeal tribunal shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing or appeal before such tribunals must be conducted in such manner as to ascertain the substantial rights of the parties. The bureau sh…

Any right, fact, or matter in issue directly passed upon or necessarily involved in a determination or redetermination which has become final, or which has become final following a decision or appeal under the North Dakota unemployment compensation law, is conclusive for all the …

The final decisions of the bureau or of an appeal tribunal and the principles of law declared by it in arriving at such decisions, unless expressly or impliedly overruled by a later decision of the bureau or by a court of competent jurisdiction, are binding upon the bureau and an…

A record must be kept of all testimony and proceedings before the bureau or in connection with any appeal, but the testimony need not be transcribed unless further review is initiated. Witnesses subpoenaed pursuant to this chapter must be allowed fees at the rate specified by law…

A party to proceedings before the bureau may obtain a judicial review of the decision of the bureau by filing a petition for review within thirty days after the date of mailing the bureau's decision to the party at the party's last-known address, or in the absence of mailing, wit…

Benefits must be promptly paid in accordance with a determination or redetermination regardless of any appeal or pending appeal. If a determination allowing benefits is affirmed in any amount by an appeals referee or is so affirmed by the bureau or if a decision of an appeals ref…

No agreement by any individual to waive, release, or commute the individual's rights to benefits or any other rights under the North Dakota unemployment compensation law is valid. No agreement by any individual in the employ of any person or concern to pay all or any portion of a…

A person who has received any amount of benefits under the North Dakota unemployment compensation law to which the person is not entitled shall be liable to refund to the bureau for the fund the amount so paid or to have such amount deducted from any future benefits payable to th…

Any finding of fact or law, judgment, conclusion, or decision made by a claims examiner, appeals referee, the bureau, or any person with the authority to make findings of fact or law in any action or proceeding before the bureau is not conclusive or binding on, nor may it be used…

Any person who willfully violates any provision of this title, or any order, rule, or regulation thereunder, and for which a penalty is neither prescribed in this title nor provided by any other applicable statute, is guilty of a class B misdemeanor.

The state of North Dakota accepts and will observe and comply with the provisions of the Wagner-Peyser Act approved June 6, 1933, which was "An Act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system…

For the purposes provided for in the preceding section, job service North Dakota is designated and constituted the agency of this state to carry out the purposes of this chapter.

The job service North Dakota executive director shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of chapters 52-01 through 52-08.

Repealed by S.L. 1965, ch. 333, § 9.

Repealed by S.L. 1965, ch. 333, § 9.

Repealed by S.L. 1965, ch. 333, § 9.

Repealed by S.L. 1965, ch. 333, § 9.

Subject to state board of higher education policies, the president of an institution of higher education that is assigned primary responsibility for workforce training shall establish a division or other unit within the institution to serve the workforce needs of business and ind…

Subject to state board of higher education policies, the president of an institution of higher education that is assigned primary responsibility for workforce training shall appoint a workforce training board consisting of representatives from businesses, labor, and industries lo…

Subject to state board of higher education policies, the president of an institution of higher education that is assigned primary responsibility for workforce training shall prepare an annual business plan that must include provisions for use of the training capacity of the triba…

Subject to state board of higher education policies, the president of an institution of higher education that is assigned primary responsibility for workforce training shall develop, in consultation with the workforce training board, performance measurements for workforce trainin…

Repealed by S.L. 2003, ch. 445, § 1. 52-08-13. Job task analysis services - Testing services - Job fair services - Personal re-employment account services - Authorization to charge fees - Continuing appropriation. Job service North Dakota may provide job task analysis services, t…

In order to extend to employees of the state and political subdivisions within the state, and to the dependents and survivors of such employees, the basic protection accorded to others by the old-age and survivor insurance system embodied in the Social Security Act [42 U.S.C. 301…

For the purposes of this chapter: 1. "Employee" includes an officer of a state or political subdivision as well as all persons employed in and by regulatory boards, commissions, or councils recognized and established by the statutes of the state of North Dakota, except part-time …

1. The state agency, with the approval of the governor, is hereby authorized to enter on behalf of the state into an agreement with the secretary of health and human services consistent with the terms and provisions of this chapter, for the purpose of extending the benefits of th…

The state agency, with the approval of the governor, is hereby authorized to modify at any time prior to January 1, 1974, the agreement of December 5, 1955, between the state and the secretary of health, education, and welfare, whereby under section 218 [42 U.S.C. 418] the insura…

1. Every employee of the state or of a political subdivision and every employer is required to pay for the period of such coverage, into the contribution fund established by section 52-10-06, contributions, with respect to wages, as defined in section 52-10-02, equal to the amoun…

1. Each political subdivision of the state is hereby authorized to submit for approval by the state agency a plan for extending the benefits of title II of the Social Security Act [42 U.S.C. 401 et seq.], in conformity with applicable provisions of such Act, to employees of such …

1. There is hereby established a special fund to be known as the social security contribution fund. Such fund must consist of and there must be deposited in such fund: a. All contributions, interest, and penalties collected under sections 52-10-04 and 52-10-05; b. All moneys appr…

1. With respect to employees of any political subdivision who are under a locally administered retirement system, the governor shall authorize a referendum upon request of the governing body of such subdivision; and with respect to employees covered by any other retirement system…

The state agency shall make and publish such rules and regulations, not inconsistent with the provisions of this chapter, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this chapter. Such regulations must requi…