N.D. Cent. Code § 52-02-08 — ND Code / Title 52 / Chapter 52-02 / Section 52-02-08
52-02-08. Bureau to take steps to stabilize employment
Status: in_force

52-02-08. Bureau to take steps to stabilize employment

The bureau through its appropriate divisions, shall take appropriate steps to:

1. Reduce and prevent unemployment.

2. Encourage and assist in the adoption of practical methods of career and technical

education training, retraining, and career development counseling.

3. Investigate, recommend, advise, and assist in the establishment and operation, by

municipalities, counties, school districts, and the state, of reserves for public works to

be used in times of business depression and unemployment.

4. Promote the re-employment of unemployed workers throughout the state in every

other way that may be feasible.

5. Carry on and publish the results of investigations and research studies.
N.D. Cent. Code § 52-06-14 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-14
52-06-14. Appeal tribunals - How comprised - Duties - Fees - Alternates - Chairman
Status: in_force

52-06-14. Appeal tribunals - How comprised - Duties - Fees - Alternates - Chairman

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 be a referee who shall serve as chairman and who must be a salaried full-time

member of the staff of the job insurance division, and one of whom must be a representative of

employers, and the other of whom must be a representative of employees. Each of the latter

two members may be selected without regard to section 52-02-06 and shall serve at the

pleasure of the bureau and be paid a fee of twenty-five dollars per day of active service on such

tribunal, plus necessary expenses. The bureau may designate alternates to serve in the

absence or disqualification of any member of an appeal tribunal. The chairman shall act alone in

the absence or disqualification of any other member or member's alternates. In no case may the

hearings proceed unless the chairman of the appeal tribunal is present.
N.D. Cent. Code § 52-06-29 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-29
52-06-29. Payment of benefits
Status: in_force

52-06-29. Payment of benefits

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

referee allowing benefits is affirmed in any amount by the bureau, such benefits must be

promptly paid regardless of any further appeal and no injunction, supersedeas, stay, or other

writ or process suspending the payment of such benefits may be issued by any court but if such

decision is finally reversed, no employer's account may be charged with benefits so paid

pursuant to the erroneous determination, except on those employer accounts which make

payments in lieu of contributions, and benefits may not be paid for any subsequent weeks of

unemployment involved in such reversal. Benefits due and payable to a deceased or judicially

declared incompetent person may be paid in accordance with such regulations as the bureau

shall prescribe, to the person or persons, payment to whom the bureau finds would effectuate

the purposes of the North Dakota unemployment compensation law. Such regulations need not

conform to the statutes applicable to the descent and distribution of decedents' estates. A

receipt from the person or persons to whom the bureau makes payment shall fully discharge the

fund and the bureau from liability for such benefits.
N.D. Cent. Code § 52-08-09 — ND Code / Title 52 / Chapter 52-08 / Section 52-08-09
52-08-09. Workforce training board - Formation
Status: in_force

52-08-09. Workforce training board - Formation

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 located within

the institution's delivery area. The workforce training board must consist of at least seven but no

more than fifteen members and must include at least one representative from either an

Indian-owned business, the tribal government, or the tribal colleges within the designated

region.
N.D. Cent. Code § 52-06-09 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-09
52-06-09. Determinations upon claim filed - Contents
Status: in_force

52-06-09. Determinations upon claim filed - Contents

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 of a denial must include a statement of the reasons therefor. A determination with respect

to the first week of a benefit year also must include a statement as to whether the claimant has

been paid the wages required under section 52-06-04 and if so, the first day of the benefit year,

the claimant's weekly benefit amount, and the maximum total amount of benefits payable to the

claimant with respect to such benefit year.
N.D. Cent. Code § 52-08.1-06 — ND Code / Title 52 / Chapter 52-08.1 / Section 52-08.1-06
52-08.1-06. North Dakota workforce 20/20 gifts and grants
Status: in_force

52-08.1-06. North Dakota workforce 20/20 gifts and grants

Job service North Dakota is authorized to accept and use any funds, including gifts and

grants, made available for the purpose of defraying expenses involved in carrying out this

chapter.
N.D. Cent. Code § 52-02.1-04 — ND Code / Title 52 / Chapter 52-02.1 / Section 52-02.1-04
52-02.1-04. Fund - Administration
Status: in_force

52-02.1-04. Fund - Administration

Funding for programs must be through loans or grants as stated under this section. Loans

may be made by the department from the North Dakota development fund, incorporated, a

community, or the department and a community cooperatively. A community may provide loans

directly or through any financial institution currently qualified to participate in a loan with the

Bank of North Dakota. The Bank of North Dakota may participate in loans under such credit

standards and lending policies it determines are necessary and applicable. A community may

alternatively fund a program through a grant without use of new jobs credit from withholding.

1. Loans must be secured and payable from a sufficient portion of the future receipts of

payments authorized by the agreement, with such other security as the lender may

determine is justified. The state treasurer shall transfer the moneys from the special

fund created in section 52-02.1-03 to a special fund set up for this purpose by the

department or community. The receipts must be pledged to the payment of principal of

and interest on the loan.

2. The department may adopt rules to implement this chapter.
N.D. Cent. Code § 52-04-17.1 — ND Code / Title 52 / Chapter 52-04 / Section 52-04-17.1
52-04-17.1. Retroactive payment not required
Status: in_force

52-04-17.1. Retroactive payment not required

When the bureau reviews a potential employment relationship involving an independent

contractor who has a valid identification number issued under section 34-05-01.4 and

determines that the party described as an independent contractor is an employee for purposes

of unemployment compensation, rather than an independent contractor, the bureau may not

require the party determined to be the employer to pay contributions for that employee, or any

interest, penalty, or delinquency fee with respect to those contributions, retroactive to the date

the relationship with the employee began, unless, however, the bureau determines that the

employer willfully and intentionally entered the relationship with the purpose of avoiding

unemployment compensation benefits. The bureau may require the payment of contributions for

that employee as of the date the order declaring an employment relationship becomes final.
N.D. Cent. Code § 52-06-22 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-22
52-06-22. Rule of decision
Status: in_force

52-06-22. Rule of decision

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 any appeal

tribunal in subsequent proceedings which involve similar questions of law. In any subsequent

proceeding, if the job insurance division or any appeal tribunal has serious doubt as to the

correctness of any principle so declared, the division or appeal tribunal may certify its findings of

fact in the case, together with the question of law involved, to the bureau, which after giving

notice and reasonable opportunity for hearing upon the law to all parties to such proceeding

thereupon shall certify to the division, or to the appeal tribunal, and the parties, its answer to the

questions submitted. If the question thus certified to the bureau arises in connection with a claim

for benefits, the bureau in its discretion may remove to itself the entire proceedings on such

claim, and after proceeding in accordance with the requirements of the North Dakota

unemployment compensation law with respect to proceedings before an appeal tribunal, shall

render its decision upon the entire claim. Any decision made under the North Dakota

unemployment compensation law after the removal of the proceedings upon a claim to the

bureau has the effect of a decision under section 52-06-19 and is subject to judicial review

within the same time and to the same extent.
N.D. Cent. Code § 52-06-36 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-36
52-06-36. Factors considered in determining suitability of work and good cause for voluntary leaving
Status: in_force

52-06-36. Factors considered in determining suitability of work and good cause for

voluntary leaving.

In determining whether or not any work is suitable for an individual and in determining the

existence of good cause for voluntarily leaving the individual's work under subsections 1 and 3

of section 52-06-02, there must be considered among other factors, and in addition to those

enumerated in this section, the degree of risk involved to the individual's health, safety, and

morals, the individual's physical fitness and prior training, the individual's experience and prior

earnings, the length of the individual's unemployment, the individual's prospects for obtaining

work in the individual's customary occupation, the distance of available work from the

individual's residence, and the prospects for obtaining local work. However, any work paying

wages equal to the maximum weekly benefit amount must be determined suitable for an

individual who has filed for and received benefit payments for eighteen consecutive weeks;

provided, that consideration must be given to the degree of risk involved to the individual's

health, safety, morals, the individual's physical fitness, and the distance of the work from the

individual's residence. No work may be deemed suitable and benefits may not be denied under

the North Dakota unemployment compensation law to any otherwise eligible individual for

refusing to accept new work under any of the following conditions:

1. If the position offered is vacant due directly to a strike, lockout, or other labor dispute.

2. If the wages, hours, or other conditions of work offered are substantially less favorable

to the individual than those prevailing for similar work in the locality.

3. If, as a condition of being employed, the individual would be required to join a

company union or to resign from or refrain from joining any bona fide labor

organization.
N.D. Cent. Code § 52-06-23 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-23
52-06-23. Administering oaths - Taking depositions - Compelling attendance of witnesses and memoranda - Penalty
Status: in_force

52-06-23. Administering oaths - Taking depositions - Compelling attendance of

witnesses and memoranda - Penalty.

In the discharge of the duties imposed by the North Dakota unemployment compensation

law, the chairman of an appeal tribunal, or any duly authorized representative or member of the

bureau, may administer oaths and affirmations, take depositions, certify to official acts, and

issue a subpoena to compel the attendance of witnesses and the production of books, papers,

correspondence, memoranda, and other records deemed necessary as evidence in connection

with a disputed claim or the administration of the North Dakota unemployment compensation

law. Any person who willfully fails to obey a subpoena issued under this section, unless good

cause for failure to obey is shown, is guilty of a class B misdemeanor.
N.D. Cent. Code § 52-02-07 — ND Code / Title 52 / Chapter 52-02 / Section 52-02-07
52-02-07. State unemployment insurance advisory council - Composition - Duties - Compensation
Status: repealed

52-02-07. State unemployment insurance advisory council - Composition - Duties -

Compensation.

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 52-01-03 — ND Code / Title 52 / Chapter 52-01 / Section 52-01-03
52-01-03. Disclosure of information
Status: in_force

52-01-03. Disclosure of information

1. Except as otherwise provided in this section, information obtained from any employing

unit or individual pursuant to the administration of the North Dakota unemployment

compensation law and determinations as to the benefit rights of any individual must be

held confidential and may not be disclosed or be open to public inspection in any

manner revealing the individual's or employing unit's identity. Any claimant or

claimant's legal representative must be supplied with information from the records of

the unemployment insurance division, to the extent necessary for the proper

presentation of the claimant's claim in any proceeding under the North Dakota

unemployment compensation law with respect to the claim.

2. Subject to restrictions as the bureau by rule may prescribe, the information may be

made available to any agency of this or any other state, or any federal agency,

charged with the administration of any unemployment compensation law or the

maintenance of a system of public employment offices, or the bureau of internal

revenue of the United States department of the treasury, and information obtained in

connection with the administration of the employment service may be made available

to persons or agencies for purposes appropriate to the operation of a public

employment service. Upon a request, the bureau shall furnish to any agency of the

United States charged with the administration of public works or assistance through

public employment, and may furnish to any state agency similarly charged, the name,

address, ordinary occupation, and employment status of each recipient of benefits and

the recipient's rights to further benefits under the North Dakota unemployment

compensation law. The bureau may request the comptroller of the currency of the

United States to cause an examination of the correctness of any return or report of any

national banking association, rendered pursuant to the North Dakota unemployment

compensation law, and in connection with the request, may transmit any report or

return to the comptroller of the currency of the United States as provided in

subsection c of section 3305 of the federal Internal Revenue Code. The bureau shall

request and exchange information for purposes of income and eligibility verification to

meet the requirements of section 1137 of the Social Security Act. Job service North

Dakota may enter into memoranda of understanding with the United States census

bureau to furnish unemployment insurance data to the census bureau and for sharing

of information with job service North Dakota.

3. Job service North Dakota may provide workforce safety and insurance, the labor

commissioner, the driver's license division of the department of transportation, the

department of health and human services, the department of commerce, the state tax

commissioner, and the information technology department for purposes of the

statewide longitudinal data system with information obtained pursuant to the

administration of the unemployment insurance program, and may enter into

interagency agreements with those entities for the exchange of information that will

enhance the administration of the unemployment insurance program. Any information

furnished pursuant to this subsection or pursuant to interagency agreements

authorized by this subsection is to be used only for governmental purposes.

4. The bureau may provide any state agency or a private entity with the names and

addresses of employing units for the purpose of jointly publishing or distributing

publications or other information as provided in section 54-06-04.3. Any information so

provided may only be used for the purpose of jointly publishing or distributing

publications or other information as provided in section 54-06-04.3.

5. Whenever the bureau obtains information on the activities of a contractor doing

business in this state of which officials of the secretary of state, workforce safety and

insurance, or the state tax commissioner may be unaware and that may be relevant to

duties of those officials, the bureau shall provide any relevant information to those

officials for the purpose of administering their duties.

6. The bureau shall request and exchange information as required of it under federal law

with any specified governmental agencies. Any information so provided may be used

only for the purpose of administering the duties of such governmental agencies.

7. The bureau shall enter into a data sharing agreement with the attorney general for the

purpose of monitoring individuals who are required to register as sexual offenders or

offenders against children. Under such agreement, the bureau may furnish

unemployment insurance employee or claimant contact information and the names

and addresses of the employers for whom the employee or claimant has worked.

8. Job service North Dakota may enter an interagency agreement with the department of

commerce for the sharing of information obtained pursuant to the administration of the

unemployment insurance program, limited to wage and employment number records

of employers identified by the department of commerce as having received North

Dakota state economic development assistance. Information provided by job service

North Dakota under an agreement may be used only for purposes of evaluation by the

department of commerce of the compliance with statutory or contractual performance

standards established for employers who received North Dakota state economic

development assistance. Information received by the department of commerce under

this subsection shall remain confidential and may not be divulged except in an

aggregate format that does not permit the identification of information of any individual

or employer. Any information furnished pursuant to this subsection or pursuant to

interagency agreements authorized by this subsection is to be used for governmental

purposes.
N.D. Cent. Code § 52-06-17 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-17
52-06-17. Appeal from redetermination - Regulations governing
Status: in_force

52-06-17. Appeal from redetermination - Regulations governing

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

decreased upon such redetermination, the matters involved in such decrease shall be subject to

review in connection with an appeal from any determination upon a subsequent claim for

benefits which may be affected in amount or duration by such redetermination. Subject to the

same limitations and for the same reasons, the job insurance division may reconsider the

determination in any case in which the final decision has been rendered by an appeal tribunal,

the bureau, or a court and may apply to that body or court which rendered such final decision to

issue a revised decision.
N.D. Cent. Code § 52-10-03.1 — ND Code / Title 52 / Chapter 52-10 / Section 52-10-03.1
52-10-03.1. Modification of federal-state agreement to exclude certain students
Status: in_force

52-10-03.1. Modification of federal-state agreement to exclude certain students

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

insurance system established by the Social Security Act was extended to services performed by

individuals as employees of the state or any political subdivision thereof, to effect the exclusion

of service performed in the employ of a school, college, or university if such service is

performed by a student who is enrolled and is regularly attending classes at such school,

college, or university.
N.D. Cent. Code § 52-10-11 — ND Code / Title 52 / Chapter 52-10 / Section 52-10-11
52-10-11. Systems divided - Referendum on social security
Status: in_force

52-10-11. Systems divided - Referendum on social security

1. Notwithstanding the provisions of sections 52-10-05 and 52-10-07, with respect to the

employees of any political subdivision who are under a locally administered retirement

system in existence prior to April 23, 1957, including the North Dakota teachers'

insurance and retirement fund for the purposes of this section, the governor is

empowered to authorize a referendum for a divided retirement system as provided by

section 218 of title II of the Social Security Act [42 U.S.C. 418]. The system must be

divided as follows:

a. Group A of the divided retirement system must be composed of:

(1) Persons, in positions covered in a locally administered retirement system at

the time the political subdivision submits the plan of coverage, who have

indicated in accordance with this section that they desire coverage under an

agreement under section 218 of title II of the federal Social Security Act [42

U.S.C. 418]; and

(2) Individuals, including former employees, who become employed in a

position covered by a local retirement system after April 23, 1957, and

inactive members who become employed in positions covered by a locally

administered retirement system after said date.

b. Group B must be composed of all other persons who are employed in positions

covered by a local retirement system at the time referred to in paragraph 1 of

subdivision a.

2. Each person who is an actively employed person in a position covered by a local

retirement system on the date the political subdivision makes application to the

governor for a referendum under this section shall indicate whether the person desires

to be a member of group A or group B on a form furnished for that purpose by the state

agency and deliver said form to the office of the state agency. An employee who

chooses to become a member of group A shall thereby elect to become subject to the

laws relating to group A. Each such employee shall enter the employee's mailing

address on such form. At the time the state agency certifies to the governor that the

plan of coverage required by section 52-10-05 meets the requirements of the law, the

state agency shall certify to the governor the names and addresses of the employees

of the political subdivision who have indicated their desire to become members of

group A.

3. When the state agency has certified to the governor the names and addresses of

group A, the governor shall forthwith take all actions necessary for the conduct of a

referendum under section 52-10-07 so that members of group A may vote in favor of or

against coverage under the federal old-age and survivors' insurance system. If a

majority of the members of group A vote in favor of such coverage, the amendments

made and provisions created by this section shall be fully operative. If less than a

majority vote in favor of such coverage, such amendments and provisions do not

continue in effect and a retirement system must be deemed not to be divided into

group A and group B.

4. Employees in positions covered by locally administered retirement plans who have

indicated their desire to become members of group B under this section may request a

transfer to group A, provided such request is in writing and received by the state

agency within the time limit specified in section 218 of title II of the Social Security Act

[42 U.S.C. 418].
N.D. Cent. Code § 52-02-11 — ND Code / Title 52 / Chapter 52-02 / Section 52-02-11
52-02-11. Reimbursement of funds
Status: in_force

52-02-11. Reimbursement of funds

The state of North Dakota recognizes its obligation to replace, and hereby pledges the faith

of this state that funds will be provided in the future and be applied to the replacement of, any

moneys received after July 1, 1941, from the social security board under title III of the Social

Security Act [42 U.S.C. 501 et seq.], any unencumbered balances relating to the administration

of the North Dakota unemployment compensation law in the job service administration fund as

of that date, any moneys thereafter granted to the state pursuant to the provisions of the

Wagner-Peyser Act [48 Stat. 113; 29 U.S.C. 49-49k], and any moneys made available by the

state or its political subdivisions and matched by such moneys granted to the state pursuant to

the provisions of the Wagner-Peyser Act, which the social security board finds have been lost or

have been expended because of any action or contingency for purposes other than or in

amounts in excess of those found necessary for the proper administration of the North Dakota

unemployment compensation law by the social security board. Such moneys must be replaced

promptly by moneys appropriated for such purpose from the general funds of this state to the

job service administration fund for expenditure as provided in section 52-02-09. The amount of

money required for such replacement must be reported promptly by the bureau to the governor

and the governor shall report the same to the legislative assembly. This section may not be

construed to relieve the state of North Dakota of its obligation with respect to funds received

prior to July 1, 1941, pursuant to the provisions of title III of the Social Security Act [42 U.S.C.

501 et seq.].
N.D. Cent. Code § 52-07.1-08.1 — ND Code / Title 52 / Chapter 52-07.1 / Section 52-07.1-08.1
52-07.1-08.1. Cessation of extended benefits when paid under an interstate claim in a state where extended benefit period is not in effect
Status: in_force

52-07.1-08.1. Cessation of extended benefits when paid under an interstate claim in a

state where extended benefit period is not in effect.

1. Except as provided in subsection 2, an individual is not eligible for extended benefits

for any week if:

a. Extended benefits are payable for such week pursuant to an interstate claim filed

in any state under the interstate benefit payment plan; and

b. No extended benefit period is in effect for such week in such state.

2. Subsection 1 does not apply with respect to the first two weeks for which extended

benefits are payable, determined without regard to this section, pursuant to an

interstate claim filed under the interstate benefit payment plan to the individual from

the extended benefit account established for the individual with respect to the benefit

year.
N.D. Cent. Code § 52-07.1-08.2 — ND Code / Title 52 / Chapter 52-07.1 / Section 52-07.1-08.2
52-07.1-08.2. Eligibility for extended benefits
Status: in_force

52-07.1-08.2. Eligibility for extended benefits

1. Notwithstanding the provisions of section 52-07.1-04, an individual is ineligible for

payment of extended benefits for any week of unemployment in the individual's

eligibility period if the bureau finds that during such period:

a. The individual failed to accept any offer of "suitable work", as defined under

subsection 3, or failed to apply for any suitable work to which the individual was

referred by the bureau; or

b. The individual failed to actively engage in seeking work as prescribed under

subsection 5.

2. Any individual who has been found ineligible for extended benefits by reason of the

provisions in subsection 1 must also be denied benefits beginning with the first day of

the week following the week in which such failure occurred and until the individual has

been employed in each of four subsequent weeks, whether or not consecutive, and

has earned remuneration equal to not less than four times the extended weekly benefit

amount.

3. For purposes of this section, the term "suitable work" means, with respect to any

individual, any work which is within such individual's capabilities; provided, however,

that the gross average weekly remuneration payable for the work must exceed the

sum of:

a. The individual's extended weekly benefit amount as determined under section

52-07.1-06; plus

b. The amount, if any, of supplemental unemployment benefits, as defined in section

501(c)(17)(D) of the Internal Revenue Code of 1954 [26 U.S.C. 501], payable to

such individual for such week; and further,

c. Pays wages not less than the higher of:

(1) The minimum wage provided by section 6(a)(1) of the Fair Labor Standards

Act of 1938 [29 U.S.C. 206], without regard to any exemption; or

(2) The applicable state or local minimum wage; and

d. Provided, however, that no individual may be denied extended benefits for failure

to accept an offer of or apply for any job which meets the definition of suitability

as described above if:

(1) The position was not offered to such individual in writing and was not listed

with the bureau.

(2) Such failure could not result in a denial of benefits under the definition of

suitable work for regular benefit claimants in section 52-06-36 to the extent

that the criteria of suitability in that section are not inconsistent with the

provisions of this subsection.

(3) The individual furnishes satisfactory evidence to the bureau that the

individual's prospects for obtaining work in the individual's customary

occupation within a reasonably short period are good. If such evidence is

deemed satisfactory for this purpose, the determination of whether any work

is suitable with respect to such individual must be made in accordance with

the definition of suitable work for regular benefit claimants in section

52-06-36 without regard to the definition specified by this subsection.

4. Notwithstanding the provisions of section 52-07.1-04 to the contrary, no work may be

deemed to be suitable work for an individual which does not accord with the labor

standard provisions required by section 3304(a)(5) of the Internal Revenue Code of

1954 [26 U.S.C. 3304] and set forth under section 52-06-36.

5. For the purposes of subdivision b of subsection 1, an individual must be treated as

actively engaged in seeking work during any week if:

a. The individual has engaged in a systematic and sustained effort to obtain work

during such week; and

b. The individual furnishes tangible evidence that the individual has engaged in such

effort during such week.

6. The bureau shall refer any claimant entitled to extended benefits under this chapter to

any suitable work which meets the criteria prescribed in subsection 3.

7. An individual is not eligible to receive extended benefits with respect to any week of

unemployment in the individual's eligibility period if such individual has been

disqualified for regular benefits under this chapter because the individual voluntarily

left work, was discharged for misconduct, or failed to accept an offer of or apply for

suitable work, unless the disqualification imposed for such reasons has been

terminated in accordance with specific conditions established under this chapter

requiring the individual to perform service for remuneration subsequent to the date of

such disqualification.
N.D. Cent. Code § 52-05-02 — ND Code / Title 52 / Chapter 52-05 / Section 52-05-02
52-05-02. Employer subject to provisions of law for term of two years
Status: in_force

52-05-02. Employer subject to provisions of law for term of two years

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 election by the bureau, shall become an employer subject hereto to the same

extent as all other employers as of the date stated in such approval. Such employing unit shall

cease to be subject to the provisions of the North Dakota unemployment compensation law as

of January first of any calendar year subsequent to such two calendar years, only if during

January of such year it has filed with the bureau a written notice to that effect.
N.D. Cent. Code § 52-01-07 — ND Code / Title 52 / Chapter 52-01 / Section 52-01-07
52-01-07. Short title
Status: in_force

52-01-07. Short title

Chapters 52-01 through 52-07.1 must be known and may be cited as the "North Dakota

unemployment compensation law". Any reference within chapters 52-01, 52-02, 52-03, 52-04,

52-05, and 52-06 by the use of words "this title" are synonymous with and refer only to the North

Dakota unemployment compensation law.
N.D. Cent. Code § 52-02-04 — ND Code / Title 52 / Chapter 52-02 / Section 52-02-04
52-02-04. General and special rules and regulations of the bureau - When effective
Status: in_force

52-02-04. General and special rules and regulations of the bureau - When effective

General and special rules may be adopted, amended, or rescinded by the bureau only after

public hearing or opportunity to be heard thereon, of which proper notice has been given.

General rules become effective ten days after filing with the secretary of state and publication in

one or more newspapers of general circulation in this state. Special rules become effective ten

days after notification or mailing to the last-known address of the individuals or concerns

affected thereby. Regulations may be adopted, amended, or rescinded by the bureau and

become effective in the manner and at the time prescribed by the bureau.
N.D. Cent. Code § 52-07.1-05 — ND Code / Title 52 / Chapter 52-07.1 / Section 52-07.1-05
52-07.1-05. Eligibility requirements for extended benefits
Status: in_force

52-07.1-05. Eligibility requirements for extended benefits

An individual is eligible to receive extended benefits with respect to any week of

unemployment in the individual's eligibility period only if the bureau finds that with respect to

such week:

1. The individual is an "exhaustee" as defined in subsection 3 of section 52-07.1-03; and

2. The individual has satisfied the requirement of this chapter for the receipt of regular

benefits that are applicable to individuals claiming extended benefits, including not

being subject to a disqualification for the receipt of benefits.
N.D. Cent. Code § 52-02-14 — ND Code / Title 52 / Chapter 52-02 / Section 52-02-14
52-02-14. Manner of cooperation between state and other states and federal government
Status: in_force

52-02-14. Manner of cooperation between state and other states and federal

government.

The administration of the North Dakota unemployment compensation law and of other state

and federal unemployment compensation and public employment service laws will be promoted

by cooperation between this state and such other states and the appropriate federal agencies in

exchanging services and making available facilities and information. The bureau may make

such investigations, secure and transmit such information, make available such services and

facilities, and exercise such of the other powers provided in the North Dakota unemployment

compensation law with respect to the administration of the North Dakota unemployment

compensation law as it deems necessary or appropriate to facilitate the administration of any

such unemployment compensation or public employment service law, and in a like manner, may

accept and utilize information, services, and facilities made available to this state by the agency

charged with the administration of any such other unemployment compensation or public

employment service law.
N.D. Cent. Code § 52-01-06 — ND Code / Title 52 / Chapter 52-01 / Section 52-01-06
52-01-06. Saving clause
Status: in_force

52-01-06. Saving clause

The legislative assembly reserves the right to amend or repeal all or any part of the North

Dakota unemployment compensation law at any time and there is no vested private right of any

kind against such amendment or repeal. All the rights, privileges, or immunities conferred by the

North Dakota unemployment compensation law or by acts done pursuant thereto exist subject

to the power of the legislative assembly to amend or repeal the North Dakota unemployment

compensation law at any time.
N.D. Cent. Code § 52-10-07 — ND Code / Title 52 / Chapter 52-10 / Section 52-10-07
52-10-07. Referenda and certification
Status: in_force

52-10-07. Referenda and certification

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 governor may authorize a referendum;

and in either case the referendum must be conducted and the governor shall

designate an agency or individual to supervise its conduct, in accordance with the

requirements of section 218(d)(3) of the Social Security Act [42 U.S.C. 418], on the

question of whether service in positions covered by a retirement system established by

the state or by a political subdivision thereof should be excluded from or included

under an agreement under this chapter. The notice of referendum required by

section 218(d)(3)(C) of the Social Security Act [42 U.S.C. 418] to be given to

employees must contain or must be accompanied by a statement, in such form and

such detail as the agency or individual designated to supervise the referendum shall

deem necessary and sufficient, to inform the employees of the rights which will accrue

to them and their dependents and survivors, and the liabilities to which they will be

subject, if their services are included under an agreement under this chapter.

2. Upon receiving evidence satisfactory to the governor that with respect to any such

referendum the conditions specified in section 218(d)(3) of the Social Security Act [42

U.S.C. 418] have been met, the governor, or an official designated by the governor to

act in the governor's behalf in respect to this subsection, shall so certify to the

secretary of health and human services.
N.D. Cent. Code § 52-06-34 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-34
52-06-34. Benefits payable only to extent provided - State or bureau not liable for excess sums
Status: in_force

52-06-34. Benefits payable only to extent provided - State or bureau not liable for

excess sums.

Benefits may be deemed to be due and payable under this chapter only to the extent

provided in this chapter and to the extent that moneys are available therefor to the credit of the

unemployment compensation fund. Neither the state nor the bureau is liable for any amount in

excess of such sums.
N.D. Cent. Code § 52-01-05 — ND Code / Title 52 / Chapter 52-01 / Section 52-01-05
52-01-05. Declaration of public policy
Status: in_force

52-01-05. Declaration of public policy

Involuntary unemployment creates a hardship on the unemployed worker and the

unemployed worker's family and leads to a state of economic insecurity. Relief from problems of

involuntary unemployment imposes a statewide burden of serious consequence to the people of

the state of North Dakota which can best be met by unemployment insurance for the working

person who becomes unemployed through no personal fault. The legislative assembly,

therefore, declares that the public good and general welfare of the citizens of the state requires

that for laboring people genuinely attached to the labor market there be a systematic and

compulsory setting aside of financial reserves to be used as compensation for loss of wages

during periods when they become unemployed through no fault of their own.
N.D. Cent. Code § 52-10-06 — ND Code / Title 52 / Chapter 52-10 / Section 52-10-06
52-10-06. Social security contribution fund
Status: in_force

52-10-06. Social security contribution fund

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 appropriated thereto under this chapter;

c. Any property or securities and earnings thereof acquired through the use of

moneys belonging to the fund;

d. Interest earned upon any moneys in the fund; and

e. All sums recovered upon the bond of the custodian or otherwise for losses

sustained by the fund and all other moneys received from the fund from any other

source.

All moneys in the fund must be mingled and undivided. Subject to the provisions of this

chapter, the state agency is vested with full power, authority, and jurisdiction over the

fund, including all moneys and property or securities belonging thereto, and may

perform any and all acts whether or not specifically designated, which are necessary

to the administration thereof and are consistent with the provisions of this chapter.

2. The social security contribution fund must be established and held separate and apart

from any other funds or moneys of the state and must be used and administered

exclusively for the purpose of this chapter. Withdrawals from such fund must be made

for, and solely for:

a. Payment of amounts required to be paid to the secretary of the treasury pursuant

to an agreement entered into under section 52-10-03;

b. Payment of refunds provided for in subsection 3 of section 52-10-04; and

c. Refunds of overpayments, not otherwise adjustable, made by a political

subdivision or instrumentality.

3. From the social security contribution fund the custodian of the fund shall pay to the

secretary of the treasury such amounts and at such time or times as may be directed

by the state agency in accordance with any agreement entered into under section

52-10-03 and the Social Security Act.

4. The treasurer of the state of North Dakota is ex officio treasurer and custodian of the

social security contribution fund and shall administer such fund in accordance with the

provisions of this chapter and the directions of the state agency. All disbursements

from such fund except administrative expenses must be made in accordance with

such regulations as the state agency may prescribe.

5. a. There are hereby authorized to be appropriated annually to the contribution fund,

in addition to the contributions collected and paid into the contribution fund under

sections 52-10-04 and 52-10-05, to be available for the purposes of subsections

2 and 3 until expended, such additional sums as are found to be necessary in

order to make the payments to the secretary of the treasury which the state is

obligated to make pursuant to an agreement entered into under section 52-10-03.

b. The state agency shall submit to each regular session of the legislative assembly,

at least ninety days in advance of the beginning of such session, an estimate of

the amounts authorized to be appropriated to the social security contribution fund

by subdivision a for the next appropriation period.
N.D. Cent. Code § 52-04-02 — ND Code / Title 52 / Chapter 52-04 / Section 52-04-02
52-04-02. Rates and base of contributions of wages payable by employer
Status: in_force

52-04-02. Rates and base of contributions of wages payable by employer

Each employer shall pay contributions equal to the following percentages of wages payable

by the employer with respect to employment:

1. One and eight-tenths percent with respect to employment occurring during the

calendar year 1937.

2. Two and seven-tenths percent with respect to employment occurring during the

calendar years 1938, 1939, and 1940.
N.D. Cent. Code § 52-02-13 — ND Code / Title 52 / Chapter 52-02 / Section 52-02-13
52-02-13. Cooperation with social security board and other federal agencies - Reports
Status: in_force

52-02-13. Cooperation with social security board and other federal agencies -

Reports.

In the administration of the North Dakota unemployment compensation law, the bureau shall

cooperate to the fullest extent consistent with the provisions of the North Dakota unemployment

compensation law, with the social security board, created by the Social Security Act, approved

August 14, 1935, [49 Stat. 620; 42 U.S.C. 301 et seq.] as amended. The bureau shall make

such reports in such form and containing such information as the social security board may

require and shall comply with such provisions as the social security board from time to time may

find necessary to assure the correctness and verification of such reports. The bureau shall

comply with regulations prescribed by the social security board governing the expenditures of

such sums as may be allotted and paid to this state under title III of the Social Security Act [42

U.S.C. 501 et seq.] for the purpose of assisting in the administration of the North Dakota

unemployment compensation law.
N.D. Cent. Code § 52-03-04 — ND Code / Title 52 / Chapter 52-03 / Section 52-03-04
52-03-04. Requisitioning and expenditure of funds from various accounts
Status: in_force

52-03-04. Requisitioning and expenditure of funds from various accounts

Moneys shall be requisitioned from this state's account in the unemployment trust fund

solely for the payment of benefits and for refunds pursuant to subdivision f of subsection 18 of

section 52-01-01 and section 52-04-14, except that money credited to this state's account

pursuant to section 903 of the Social Security Act [42 U.S.C. 1103], as amended, must be used

exclusively as provided in subsection 3 of section 52-03-07. From time to time, the bureau shall

requisition from the unemployment trust fund such amounts, not exceeding the amounts

standing to this state's account therein, as it deems necessary for the payment of benefits for a

reasonable future period. Upon receipt thereof, the bureau shall deposit such moneys in the

benefit account and shall pay benefits solely from such benefit account. Expenditures of such

moneys in the benefit account and refunds from the clearing account are not subject to any

provision of law requiring specific appropriations or other formal release by state officers of

money in their custody. Any balance of moneys requisitioned from the unemployment trust fund

which remains unclaimed or unpaid in the benefit account after the expiration of the period for

which such sums were requisitioned, either must be deducted from estimates for, and may be

utilized for the payment of benefits during succeeding periods, or, in the discretion of the

bureau, must be redeposited with the secretary of the treasury of the United States, to the credit

of this state's account in the unemployment trust fund as provided in section 52-03-03.
N.D. Cent. Code § 52-04-09 — ND Code / Title 52 / Chapter 52-04 / Section 52-04-09
52-04-09. Classification of employers to determine contributions - Regulations governing
Status: in_force

52-04-09. Classification of employers to determine contributions - Regulations

governing.

An employer's rate for a calendar year must be determined on the basis of the employer's

experience with contribution payments and benefit charges as of October first of the preceding

year. If, when such determination is to be made, an employer has failed to file a required report

or filed an insufficient report, job service North Dakota shall notify the employer thereof by

certified mail addressed to the employer's last-known address. Unless the employer files the

report or a sufficient report within fifteen days after mailing of the notice, the employer's rate for

the following calendar year must be set as follows:

1. Experience-rated positive employers must be assigned the negative employer

minimum rate.

2. Experience-rated negative employers must be assigned the negative employer

maximum rate.

3. New positive nonconstruction employers must be assigned the negative employer

minimum rate.

4. New positive construction employers must be assigned the negative employer

maximum rate.

5. New negative employers must be assigned the negative employer maximum rate.

If, at any time, an employer has failed to file a required report or filed an insufficient report, job

service North Dakota may, at any time, estimate the wage information required by the report on

the basis of reasonably available evidence. Job service North Dakota shall notify the employer

of the estimate by certified mail addressed to the employer's last-known address. Unless the

employer files the report or a sufficient report within fifteen days after the mailing of the notice,

the estimate becomes final for all purposes, except that if the amount of estimated wages is less

than the actual wages, job service North Dakota may reconsider the estimate.
N.D. Cent. Code § 52-05-03 — ND Code / Title 52 / Chapter 52-05 / Section 52-05-03
52-05-03. Employment not included within law may be deemed subject to provisions of law
Status: in_force

52-05-03. Employment not included within law may be deemed subject to provisions

of law.

1. Any political subdivision of this state may elect to cover under the North Dakota

unemployment compensation law service performed by employees in all of the

hospitals and institutions of higher education, as defined in subsections 25 and 27 of

section 52-01-01, operated by such political subdivision.

a. Election is to be made by filing with the bureau a notice of such election at least

thirty days prior to the effective date of such election. The election may exclude

any services described in subdivision h of subsection 17 of section 52-01-01. Any

political subdivision electing coverage under this subsection shall make payments

in lieu of contributions with respect to benefits attributable to such employment in

the same manner provided for payment by nonprofit organizations in chapter

52-04.

b. The provisions in subsection 11 of section 52-06-02 with respect to benefit rights

based on service for state and nonprofit institutions of higher education are

applicable also to service covered by an election under this section.

c. The amounts required to be paid in lieu of contributions by any political

subdivision under this section must be billed and payment made as provided in

chapter 52-04 with respect to similar payments by nonprofit organizations.

d. An election under this subsection may be terminated by filing with the bureau

written notice not later than thirty days preceding the last day of the calendar year

in which the termination is to be effective. Such termination becomes effective as

of the first day of the next ensuing calendar year with respect to services

performed after that date.

2. Any other employing unit, inclusive of governmental units, for which services are

performed that do not constitute employment as defined in the North Dakota

unemployment compensation law may file with the bureau a written election that all

such services with respect to which payments are not required under an

unemployment compensation law of any other state or of the federal government, and

which are performed by individuals in its employ in one or more distinct establishments

or places of business must be deemed to constitute employment by an employer for all

the purposes of the North Dakota unemployment compensation law for not less than

two calendar years. Upon the written approval of such election by the bureau, such

services must be deemed to constitute employment subject to the provisions of the

North Dakota unemployment compensation law from and after the date stated in such

approval. Such services must cease to be deemed employment subject hereto as of

January first of any calendar year subsequent to such two calendar years, only if

during January of such year such employing unit has filed with the bureau a written

notice to that effect. The bureau in its discretion may on its own motion terminate any

election agreement under this subsection upon thirty days' notice to the employer. The

rate of contribution for employment covered by an election under this subsection must

be as provided in chapter 52-04, except, however, an electing governmental unit in

addition to those provided for in subsection 1, which hereafter becomes an employer

under this chapter, shall reimburse the state unemployment fund in an amount equal to

its share of costs to the unemployment fund.

3. After the termination of an election under this chapter, governmental units shall remain

liable for their proportionate share of benefits which are based on wages paid for

services during the period of election.
N.D. Cent. Code § 52-04-20 — ND Code / Title 52 / Chapter 52-04 / Section 52-04-20
52-04-20. Group accounts
Status: in_force

52-04-20. Group accounts

Two or more employers that have become liable for payments in lieu of contributions may

file a joint application to the bureau for the establishment of a group account for the purpose of

sharing the cost of benefits paid that are attributable to service in the employ of such employers.

Each such application must identify and authorize a group representative to act as the group's

agent for the purposes of the North Dakota unemployment compensation law. Upon the

approval of the application, the bureau shall establish a group account for such employers

effective as of the beginning of the calendar quarter in which it receives the application and shall

notify the group's representative of the effective date of the account. Such account must remain

in effect for not less than two years and thereafter until terminated at the discretion of the

bureau or upon application by the group. Upon establishment of the account, each member of

the group is liable for payments in lieu of contributions with respect to each calendar quarter in

the amount that bears the same ratio to the total benefits paid in such quarter that are

attributable to service performed in the employ of all members of the group as the total wages

paid for service in employment by such member in such quarter bear to the total wages paid

during such quarter for service performed in the employ of all members of the group. The

bureau shall prescribe such regulations as it deems necessary with respect to applications for

establishment, maintenance, and termination of group accounts that are authorized by this

section, for addition of new members to, and withdrawal of active members from, such

accounts, and for the determination of the amounts that are payable under this section by

members of the group and the time and manner of such payments.
N.D. Cent. Code § 52-06-04 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-04
52-06-04. Weekly benefit amount - Average annual wage - Average weekly wage - Minimum weekly benefit amount - Maximum weekly benefit amount - Qualifying wage - Insured worker and insured work defined
Status: in_force

52-06-04. Weekly benefit amount - Average annual wage - Average weekly wage -

Minimum weekly benefit amount - Maximum weekly benefit amount - Qualifying wage -

Insured worker and insured work defined.

1. The procedures, provisions, and conditions of this section must determine the "weekly

benefit amount" of those individuals who establish a benefit year:

a. For the purpose of this section, the bureau shall each year, on or before the first

day of June, determine the average annual wage paid to insured workers and,

from that determination, an "average weekly wage", by the following computation:

The total wages reported on contribution reports for the preceding calendar

year must be divided by the average monthly number of covered workers,

whose number must be determined by dividing by twelve the total covered

employment reported on contribution reports for the preceding calendar

year, and the quotient obtained by dividing the total wages by the average

monthly number of covered workers is the average annual wage; and such

quotient must be divided by fifty-two and the amount thus obtained, rounded

to the nearest cent, is the "average weekly wage".

b. An individual's "weekly benefit amount" is one sixty-fifth, if not a multiple of one

dollar to be computed to the next lower multiple of one dollar, of the sum of:

(1) The individual's total wages for insured work paid during the two quarters of

the individual's base period in which the individual's wages were the highest;

and

(2) One-half of the individual's total wages for insured work paid during the third

highest quarter in the individual's base period.

However, if that amount is less than the "minimum weekly benefit amount" the

individual is monetarily ineligible for benefits. The "minimum weekly benefit

amount" is forty-three dollars. The "maximum weekly benefit amount" is sixty-two

percent of the "average weekly wage", rounded to the next lower multiple of one

dollar if not a multiple of one dollar. However, if on October first of any calendar

year this state's average contribution rate is below the nationwide average for the

preceding calendar year, the maximum weekly benefit amount is sixty-five

percent of the "average weekly wage", rounded to the next lower multiple of one

dollar if not a multiple of one dollar.

2. To qualify as an insured worker an individual must have been paid wages for insured

work in at least two calendar quarters of the individual's base period totaling not less

than one and one-half times the individual's total wages paid during the quarter of the

individual's base period in which the individual's wages were the highest. However, the

wage credits of an individual earned during the period commencing with the end of the

prior base period and ending on the date on which the individual filed a valid claim are

not available for benefit purposes in a subsequent benefit year unless, in addition

thereto, the individual has subsequently earned wages for insured work in an amount

equal to at least ten times the individual's current weekly benefit amount. Base-period

wages used to determine an individual's monetary eligibility under this subsection, as a

result of the following employment, may not exceed ten times the individual's weekly

benefit amount:

a. Employment by a partnership, if one-fourth or greater ownership interest in the

partnership is or during such employment was owned or controlled, directly or

indirectly by the individual's spouse or child, or by the individual's parent if the

individual is under age eighteen, or by a combination of two or more of them.

b. Employment by a corporation, if one-fourth or more of the ownership interest,

however designated or evidenced in the corporation is or during such

employment was owned or controlled, directly or indirectly, by the individual or by

the individual's spouse or child, or by the individual's parent if the individual is

under age eighteen, or by a combination of two or more of them.

c. Employment by a limited liability company, if one-fourth or more of the ownership

interest, however designated or evidenced in the limited liability company is or

during such employment was owned or controlled, directly or indirectly, by the

individual's spouse or child, or by the individual's parent if the individual is under

eighteen, or by a combination of two or more of them.

d. The exceptions in subdivisions a, b, and c do not apply if, at the time of making

the claim, the ownership interest described in those subdivisions has been ceded.

An ownership interest is ceded within the meaning of this subdivision if:

(1) The appropriate official of the partnership, corporation, or limited liability

company has officially filed articles of dissolution, a notice of intent to

dissolve, or a notice of termination with the secretary of state, and presents

proof of that filing to job service North Dakota;

(2) The appropriate official of the corporation has received a certificate of

dissolution from the secretary of state;

(3) The partnership, corporation, or limited liability company has sold or

otherwise transferred to uninvolved third parties substantially all the assets

of the partnership, corporation, or limited liability company with an intent to

end the business operation and terminate or dissolve the partnership,

corporation, or limited liability company. As used in this subdivision,

"uninvolved third parties" excludes all relatives of the partners, directors,

members of a board of governors, or substantial stockholders or holders of

a substantial membership interest in a limited liability company; and

excludes any corporation, limited liability company, or partnership, in which

the relative holds a one-fourth or greater ownership interest. As used in this

paragraph, "relative" means the following persons whether related by blood,

marriage, or adoption: grandparents, parents, siblings, spouses, children,

grandchildren, uncles, aunts, and first cousins; or

(4) Substantially all of the assets of the partnership, corporation, or limited

liability company have been legally seized by creditors rendering the

business incapable of further operation.

3. With respect to weeks of unemployment beginning on or after January 1, 1978, wages

for insured work shall include wages paid for previously uncovered services. For the

purposes of this subsection, the term "previously uncovered services" means services:

a. Which were not employment as defined in subsection 17 of section 52-01-01 and

were not services covered pursuant to section 52-05-03 at any time during the

one-year period ending December 31, 1975; and

b. Which are:

(1) Agricultural labor as defined in subdivision m of subsection 17 of section

52-01-01, or domestic service as defined in subdivision n of subsection 17

of section 52-01-01; or

(2) Services performed by an employee of this state or a political subdivision

thereof, as provided in subdivision f of subsection 17 of section 52-01-01, or

by an employee of a nonprofit educational institution which is not an

institution of higher education, as provided in paragraph 3 of subdivision h of

subsection 17 of section 52-01-01; except to the extent that assistance

under title II of the Emergency Jobs and Unemployment Assistance Act of

1974 was paid on the basis of such services.

4. For the purpose of the North Dakota unemployment compensation law, the term

"insured worker" means an individual who, with respect to a base period, meets the

wage and employment requirements of this chapter and "insured worker" means

employment for "employers".
N.D. Cent. Code § 52-10-03 — ND Code / Title 52 / Chapter 52-10 / Section 52-10-03
52-10-03. Federal-state agreement - Interstate instrumentalities
Status: in_force

52-10-03. Federal-state agreement - Interstate instrumentalities

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 the federal old-age and survivors' insurance system to employees of the

state or any political subdivision with respect to services specified in such agreement

which constitute "employment" as defined in section 52-10-02. The agreement may

contain such provisions relating to coverage, benefits, contributions, effective date,

modification, and termination of the agreement, administration, and other appropriate

provisions as the state agency and the secretary of health and human services shall

agree upon, but, except as may be otherwise required by or under the Social Security

Act as to the services to be covered, such agreement shall provide in effect that:

a. Benefits will be provided for employees whose services are covered by the

agreement, and their dependents and survivors, on the same basis as though

such services constituted employment within the meaning of title II of the Social

Security Act [42 U.S.C. 401 et seq.].

b. The state will pay to the secretary of the treasury, at such time or times as may

be prescribed under the Social Security Act, contributions with respect to wages,

as defined in section 52-10-02, equal to the sum of the taxes which would be

imposed by the Federal Insurance Contributions Act if the services covered by

the agreement constituted employment within the meaning of that Act.

c. The agreement shall be effective with respect to services in employment covered

by the agreement performed after a date specified therein but in no event may it

be effective with respect to any such services performed prior to the last day of

the sixth calendar year preceding the year in which the agreement is entered into

or in which the modification of the agreement making it applicable to such

services, is entered into, except that an agreement or modification entered into

after December 31, 1955, and prior to January 1, 1960, shall be effective with

respect to services performed after December 31, 1955; or after a later date

specified in such modification.

d. All services, which constitute employment as defined in section 52-10-02 and are

performed in the employ of the state by employees of the state, shall be covered

by the agreement; all services which constitute employment as defined in section

52-10-02 and are performed in the employ of any municipality except elected

officials, shall be covered by the agreement, notwithstanding the provisions of

section 52-10-05, which provides for plans for coverage of employees.

e. All services, which constitute employment as defined in section 52-10-02, are

performed in the employ of a political subdivision of the state, and are covered by

a plan which is in conformity with the terms of the agreement and has been

approved by the state agency under section 52-10-05, shall be covered by the

agreement.

f. The agreement shall include all services described in either subdivision d or e

and performed by individuals to whom section 218(c)(3)(C) of the Social Security

Act [42 U.S.C. 418] is applicable, and shall provide that the service of any such

individual shall continue to be covered by the agreement in case the individual

thereafter becomes eligible to be a member of the retirement system.

g. The agreement shall include all services described in either subdivision d or e

and performed by individuals in positions covered by a retirement system with

respect to which the governor has issued a certificate to the secretary of health

and human services pursuant to subsection 2 of section 52-10-07.

2. Any instrumentality jointly created by this state and any other state or states is hereby

authorized, upon the granting of like authority by such other state or states:

a. To enter into an agreement with the secretary of health and human services by

which the benefits of the federal old-age and survivors' insurance system shall be

extended to employees of such instrumentality;

b. To require its employees to pay, and for that purpose to deduct from their wages,

contributions equal to the amounts which they would be required to pay under

subsection 1 of section 52-10-04 if they were covered by an agreement made

pursuant to subsection 1; and

c. To make payments to the secretary of the treasury in accordance with such

agreement, including payments from its own funds, and otherwise to comply with

such agreements.

Such agreement, shall, to the extent practicable, be consistent with the terms and

provisions of subsection 1 and other provisions of this chapter.
N.D. Cent. Code § 52-03-06 — ND Code / Title 52 / Chapter 52-03 / Section 52-03-06
52-03-06. Discontinuance of unemployment trust fund - Management of funds
Status: in_force

52-03-06. Discontinuance of unemployment trust fund - Management of funds

The provisions of this chapter, to the extent that they relate to the unemployment trust fund,

are operative only as long as such unemployment trust fund continues to exist and as the

secretary of the treasury of the United States continues to maintain for this state a separate

book account of all funds deposited therein by this state for benefit purposes, together with this

state's proportionate share of the earnings of such unemployment trust fund, from which no

other state is permitted to make withdrawals. If and when such unemployment trust fund ceases

to exist, or such separate book account is no longer maintained, all moneys, properties, or

securities therein belonging to the unemployment compensation fund of this state must be

transferred to the treasurer of the unemployment compensation fund, who shall hold, invest,

transfer, sell, deposit, and release such moneys, properties, or securities in a manner approved

by the bureau in accordance with the provisions of the North Dakota unemployment

compensation law. Such moneys must be invested in bonds or other interest-bearing obligations

of the United States or of the state of North Dakota. Such investments must be made so that all

the assets of the fund shall always be readily convertible into cash when needed for the

payment of benefits. The treasurer shall dispose of the securities or other properties belonging

to the unemployment compensation fund only under the direction of the bureau.
N.D. Cent. Code § 52-04-01.1 — ND Code / Title 52 / Chapter 52-04 / Section 52-04-01.1
52-04-01.1. Electronic filing of contribution and wage reports - Electronic payment of contributions - Assessments
Status: in_force

52-04-01.1. Electronic filing of contribution and wage reports - Electronic payment of

contributions - Assessments.

Each employer required to file contribution and wage reports shall file the reports by an

electronic method approved by the bureau beginning with the calendar quarter in which the

employer is first required to file a report. An employer that does not comply with the

requirements to file reports electronically is deemed to have failed to submit any employer's

contribution and wage report as provided in section 52-04-11. All contribution payments must be

paid electronically.
N.D. Cent. Code § 52-06-28 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-28
52-06-28. Bureau entitled to notice upon claim for benefits - Attorney upon judicial review
Status: in_force

52-06-28. Bureau entitled to notice upon claim for benefits - Attorney upon judicial

review.

The bureau is entitled to notice as a party in any proceeding involving a claim for benefits

before the bureau or an appeal tribunal. In any proceeding for judicial review pursuant to section

52-06-27, the bureau may be represented by the attorney employed by it for that purpose.
N.D. Cent. Code § 52-07.1-02 — ND Code / Title 52 / Chapter 52-07.1 / Section 52-07.1-02
52-07.1-02. Administration
Status: in_force

52-07.1-02. Administration

Job service North Dakota, hereinafter called the "bureau", is vested with the duties, powers,

and authority to administer the extended benefits program.
N.D. Cent. Code § 52-02-03 — ND Code / Title 52 / Chapter 52-02 / Section 52-02-03
52-02-03. Biennial report - Recommendations by bureau
Status: in_force

52-02-03. Biennial report - Recommendations by bureau

The bureau shall submit a biennial report to the governor and the secretary of state in

accordance with section 54-06-04. Whenever the bureau believes that a change in contribution

or benefit rates shall become necessary to protect the solvency of the fund, it shall inform the

governor and the legislative assembly promptly and make recommendations with respect

thereto.
N.D. Cent. Code § 52-04-21.1 — ND Code / Title 52 / Chapter 52-04 / Section 52-04-21.1
52-04-21.1. Advances from certain sources other than federal unemployment trust fund
Status: in_force

52-04-21.1. Advances from certain sources other than federal unemployment trust

fund.

Job service North Dakota may borrow funds from the Bank of North Dakota. Job service

North Dakota may also receive title XII advances from the federal unemployment trust fund.

However, the borrowings and advances may not exceed amounts which are necessary and

sufficient to meet payment of unemployment compensation benefits, repayment of title XII

advances from the federal unemployment trust fund, and payment of interest on title XII

advances from the federal unemployment trust fund. Any such amounts borrowed from the Bank

of North Dakota must be repaid no later than the end of the biennium in which they are

borrowed. Any such amounts borrowed from the Bank of North Dakota are not indebtedness of

the state or of any officer or agent of the state within the meaning of any statutory or

constitutional provision. The borrowed funds may be placed in the state unemployment

compensation fund or in the federal advance interest repayment fund established under section

52-04-22.

Any such amounts placed in the state unemployment compensation fund may be used to

pay unemployment compensation benefits and to repay title XII advances from the federal

unemployment trust fund. Any such amounts placed in the federal advance interest repayment

fund may be used to pay interest on title XII advances from the federal unemployment trust

fund.

Job service North Dakota may repay funds borrowed from the Bank of North Dakota, which

are placed in the state unemployment compensation fund, from amounts in the state

unemployment compensation fund. Job service North Dakota may also repay funds borrowed

from the Bank of North Dakota which are placed in the federal advance interest repayment fund,

from amounts in the federal advance interest repayment fund. However, any interest due on any

borrowed funds whatsoever may not be paid from amounts in the state unemployment

compensation fund. Interest due on such borrowed funds must be paid from the federal

advance interest repayment fund.
N.D. Cent. Code § 52-06-24 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-24
52-06-24. Record of testimony to be kept - Witness fees
Status: in_force

52-06-24. Record of testimony to be kept - Witness fees

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, and the fees of such witnesses subpoenaed either by the bureau or on behalf of any party

to said appeal must be deemed part of the expenses of administering the North Dakota

unemployment compensation law.
N.D. Cent. Code § 52-03-08 — ND Code / Title 52 / Chapter 52-03 / Section 52-03-08
52-03-08. Advances from the federal unemployment account
Status: in_force

52-03-08. Advances from the federal unemployment account

The governor of this state is authorized and directed to apply for an advance to the state

unemployment fund from the federal unemployment account in the unemployment trust fund

and to accept the responsibility for the repayment of such advance in accordance with the

conditions specified in title XII of the Social Security Act [42 U.S.C. 1321 et seq.], as amended,

in order to secure to this state and its citizens the advantage available under the provisions of

such title.
N.D. Cent. Code § 52-07.1-04 — ND Code / Title 52 / Chapter 52-07.1 / Section 52-07.1-04
52-07.1-04. Effect of North Dakota unemployment compensation law provisions relating to regular benefits on claims for, and the payment of, extended benefits
Status: in_force

52-07.1-04. Effect of North Dakota unemployment compensation law provisions

relating to regular benefits on claims for, and the payment of, extended benefits.

Except when the result would be inconsistent with the other provisions of this chapter, as

provided by regulations of the bureau, the provisions of chapter 52-06 which apply to claims for,

or the payment of, regular benefits shall apply to claims for, and the payment of, extended

benefits.
N.D. Cent. Code § 52-10-02 — ND Code / Title 52 / Chapter 52-10 / Section 52-10-02
52-10-02. Definitions
Status: in_force

52-10-02. Definitions

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 elected

persons or persons hired on a fee basis, if excluded by the federal-state agreement.

2. "Employer" means the state of North Dakota, and all its political subdivisions, and all of

their departments and instrumentalities.

3. "Employment" means any service performed by an employee in the employ of the

state, or any political subdivision thereof for such employer, except:

a. Service which in the absence of an agreement entered into under this chapter

would constitute "employment" as defined in the Social Security Act; or

b. Service which under the Social Security Act may not be included in an agreement

between the state and the secretary of health and human services.

Service which under the Social Security Act may be included in an agreement only

upon certification by the governor in accordance with section 218(d)(3) of that chapter

[42 U.S.C. 418] must be included in the term "employment" if and when the governor

issues, with respect to such service, a certificate to the secretary of health and human

services pursuant to subsection 2 of section 52-10-07.

4. "Federal Insurance Contributions Act" means subchapters A and B of chapter 21 of the

federal Internal Revenue Code of 1954 [26 U.S.C. 3101 et seq.], as such codes have

been or may be from time to time amended; and the term "employees tax" means the

tax imposed by section 3101 of the Internal Revenue Code of 1954 [26 U.S.C. 3101].

5. "Political subdivision" includes an instrumentality of a state, of one or more of its

political subdivisions, or of a state and one or more of its political subdivisions, but only

if the instrumentality is a juristic entity which is legally separate and distinct from the

state or subdivision and only if its employees are not by virtue of their relation to the

juristic entity employees of the state or subdivisions.

6. "Secretary of health and human services" includes any individual to whom the

secretary of health and human services has delegated any of the secretary's functions

under the Social Security Act with respect to coverage under such Act of employees of

states and their political subdivisions.

7. "Social Security Act" means the Act of the Congress approved August 14, 1935,

chapter 531 [49 Stat. 620; 42 U.S.C. 301 et seq.], officially cited as the "Social Security

Act", including regulations and requirements pursuant thereto, as the Act has been and

may from time to time be amended.

8. "State agency" means the job insurance division of job service North Dakota.

9. "Wages" means all remuneration for employment as defined herein, including the cash

value of all remuneration paid in any medium other than cash, except that the term

does not include that part of such remuneration which, even if it were for "employment"

within the meaning of the Federal Insurance Contributions Act, would not constitute

"wages" within the meaning of that Act.
N.D. Cent. Code § 52-04-17 — ND Code / Title 52 / Chapter 52-04 / Section 52-04-17
52-04-17. Administrative determinations of coverage
Status: in_force

52-04-17. Administrative determinations of coverage

The unemployment insurance division, upon its own motion or upon application of an

employing unit, may make a written determination with respect to whether an employing unit

constitutes an employer, or whether services performed for or in connection with the business of

an employing unit constitute employment, or both such determinations. A determination made

pursuant to this section is final unless the employing unit, within fifteen calendar days of the

date of mailing of the determination, files a written appeal with job service North Dakota.
N.D. Cent. Code § 52-08.1-01 — ND Code / Title 52 / Chapter 52-08.1 / Section 52-08.1-01
52-08.1-01. North Dakota workforce 20/20 policy and goals
Status: in_force

52-08.1-01. North Dakota workforce 20/20 policy and goals

1. The legislative assembly finds that a highly skilled workforce is critical to the present

and future competitiveness of North Dakota's economy. The legislative assembly,

therefore, declares that it is the policy of the state to support and promote skill training,

retraining, and upgrade training for North Dakota workers. It is the goal of the state to:

a. Improve the skills of North Dakota workers;

b. Promote and sponsor effective and responsive training programs for employed

and unemployed North Dakotans who need job-related training;

c. Promote programs that lead to family wage jobs;

d. Secure the active participation and full cooperation of North Dakota industry

leaders, business owners, and employee representatives in developing programs

to increase and improve worker skill training;

e. Promote the coordination of North Dakota's education and job training systems to

more fully respond to the increasingly complex training needs of workers; and

f. Promote access to education and job training programs for all North Dakotans

regardless of their economic status or geographic location within the state.

2. The legislative assembly declares that it is the policy of this state to integrate skill

training and development programs into its economic development strategies.
N.D. Cent. Code § 52-06-32 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-32
52-06-32. Individual claiming benefits not to be charged fees by bureau - Fees of individual's attorney
Status: in_force

52-06-32. Individual claiming benefits not to be charged fees by bureau - Fees of

individual's attorney.

A claimant may not be charged fees by the bureau or by any court or officer thereof in any

proceeding under this chapter. Any party in any proceeding before the bureau may be

represented by counsel or other duly authorized agent. A claimant's attorney's fees for

representation in district court must be paid by the bureau, in an amount determined to be

reasonable by the bureau, if the claimant finally prevails; however, the bureau may not pay

attorney's fees if the claimant's attorney is employed by or contracting with a legal services

organization funded totally or in part by public funds. A claimant's attorney's fees are those fees

charged to the claimant by the attorney and which would otherwise be payable by the claimant

to the attorney. The bureau may not pay attorney's fees for representation in any proceeding

before the bureau or its representatives.
N.D. Cent. Code § 52-06-13 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-13
52-06-13. Notice of appeal from determination - Filing - Hearing - Special notice required
Status: in_force

52-06-13. Notice of appeal from determination - Filing - Hearing - Special notice

required.

The claimant or any other party entitled to a notice of a determination as provided in the

North Dakota unemployment compensation law may file an appeal from such determination with

the appeal tribunal within twelve days after the date of mailing of the notice to the person's

last-known address or, if such notice is not mailed, within twelve days after the service of such

notice. Unless the appeal is withdrawn with the permission of the appeal tribunal or is removed

to the bureau, the appeal tribunal after affording the parties reasonable opportunity for a fair

hearing shall make findings and conclusions and on the basis thereof shall affirm, modify, or

reverse such determination. Whenever an appeal involves a question as to whether services

were performed by the claimant in employment or for an employer, the tribunal shall give special

notice of such issue and of the pendency of the appeal to the employing unit and to the bureau,

both of whom thenceforth shall be parties to the proceeding and must be afforded a reasonable

opportunity to adduce evidence bearing on such question.
N.D. Cent. Code § 52-07.1-08.3 — ND Code / Title 52 / Chapter 52-07.1 / Section 52-07.1-08.3
52-07.1-08.3. Extended benefit reduction for trade readjustment allowances
Status: in_force

52-07.1-08.3. Extended benefit reduction for trade readjustment allowances

Notwithstanding any other provisions of this chapter, if the benefit year of any individual

ends with an extended benefit period, the remaining balance of extended benefits that such

individual would, but for this section, be entitled to receive in that extended benefit period, with

respect to weeks of unemployment beginning after the end of the benefit year, must be reduced,

but not below zero, by the product of the number of weeks for which the individual received any

amounts as trade readjustment allowances within that benefit year, multiplied by the individual's

weekly benefit amount for extended benefits.
N.D. Cent. Code § 52-06-26 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-26
52-06-26. Self-incrimination not to exempt person from testifying - Regulations governing
Status: in_force

52-06-26. Self-incrimination not to exempt person from testifying - Regulations

governing.

No person may be excused from attending and testifying or from producing books, papers,

correspondence, memoranda, and other records before the chairman of an appeal tribunal, the

bureau or any member thereof, or any duly authorized representative of the bureau, in any

cause or proceeding before the bureau, on the grounds that the testimony or evidence,

documentary or otherwise, required of the person, may tend to incriminate the person or subject

the person to a penalty or forfeiture. No individual may be prosecuted or subjected to any

penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the

individual is compelled, after having claimed the individual's privilege against self-incrimination,

to testify or produce evidence, documentary or otherwise, except that such individual so

testifying is not exempt from prosecution and punishment for perjury committed in so testifying.
N.D. Cent. Code § 52-06-05 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-05
52-06-05. Maximum potential benefits
Status: in_force

52-06-05. Maximum potential benefits

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 quarter

base-period wages:

Ratio of Total Base-Period Times Weekly

Wages to High Quarter Benefit Amount

1.50 to 2.29 12

2.30 to 2.44 14

2.45 to 2.59 16

2.60 to 2.74 18

2.75 to 2.89 20

2.90 to 3.04 22

3.05 to 3.19 24

3.20 or more 26
N.D. Cent. Code § 52-07.1-09 — ND Code / Title 52 / Chapter 52-07.1 / Section 52-07.1-09
52-07.1-09. Enforcement and carrying out of program for extended benefits
Status: in_force

52-07.1-09. Enforcement and carrying out of program for extended benefits

The provisions of chapters 52-01, 52-02, 52-03, 52-04, and 52-05 in respect to the carrying

out of the provisions of this chapter shall be the same as are set forth therein and shall be

applicable, insofar as the provisions thereof are consistent, with the provisions of this chapter.
N.D. Cent. Code § 52-08.1-04 — ND Code / Title 52 / Chapter 52-08.1 / Section 52-08.1-04
52-08.1-04. North Dakota workforce 20/20 program implementation and coordination
Status: in_force

52-08.1-04. North Dakota workforce 20/20 program implementation and coordination

1. All programs must be conducted through contractual arrangements made with job

service North Dakota.

2. Programs must be conducted in cooperation with appropriate state board for career

and technical education approved training providers and institutions.

3. Final screening of trainees must be conducted by the company with the assistance of

job service North Dakota when required.

4. Program effectiveness will be determined by post-training monitoring that will address

such issues as:

a. Company satisfaction with the program.

b. Company transition to new technologies or products.

c. Post-training wage levels versus pretraining wage levels.

d. Number of trainees successfully completing the program.

e. Number of trainees who are retained by the company as a result of the training

program.

f. Number of new jobs created at entry level as a result of upgrade training.
N.D. Cent. Code § 52-04-13 — ND Code / Title 52 / Chapter 52-04 / Section 52-04-13
52-04-13. Priority rights to contributions upon legal dissolutions or distributions
Status: in_force

52-04-13. Priority rights to contributions upon legal dissolutions or distributions

In the event of any distribution of an employer's assets pursuant to an order of any court

under the laws of this state, including any receivership, assignment for the benefits of creditors,

adjudicated insolvency, composition, or similar proceeding, contributions then or thereafter due

must be paid in full prior to all other claims except taxes and claims for wages of not more than

two hundred fifty dollars to each claimant, earned within four months of the commencement of

the proceeding. In the event of an employer's adjudication in bankruptcy, judicially confirmed

extension proposal, or composition, under the Bankruptcy Reform Act of 1978 [Pub. L. 95-598;

92 Stat. 2583] contributions then or thereafter due are entitled to such priority as is provided in

section 507 of that Act [11 U.S.C. 507]. In any action for the recovery of delinquent and

defaulted contributions, the remedies of garnishment or attachment, or both, are available. No

exemptions except absolute exemptions may be allowed against any levy under execution

pursuant to judgment recovered in such action.
N.D. Cent. Code § 52-04-18 — ND Code / Title 52 / Chapter 52-04 / Section 52-04-18
52-04-18. Financing benefits paid to employees of nonprofit organizations
Status: in_force

52-04-18. Financing benefits paid to employees of nonprofit organizations

Benefits paid to employees of nonprofit organizations must be financed in accordance with

the provisions of this section. For the purpose of this section, a nonprofit organization is an

organization, or group of organizations, described in section 501(c)(3) of the United States

Internal Revenue Code which is exempt from income tax under section 501(a) of such code.

1. Liability for contributions and election of reimbursement. Any nonprofit organization

which, pursuant to subdivision i of subsection 15 of section 52-01-01, is, or becomes,

subject to the North Dakota unemployment compensation law on or after January 1,

1972, shall pay contributions under the provisions of this chapter, unless it elects, in

accordance with this subsection, to pay to the bureau for the unemployment fund an

amount equal to the amount of regular benefits and of one-half of the extended

benefits paid, that is attributable to service in the employ of such nonprofit

organization, to individuals for weeks of unemployment which begin during the

effective period of such election.

a. Any nonprofit organization which is, or becomes, subject to the North Dakota

unemployment compensation law on January 1, 1972, may elect to become liable

for payments in lieu of contributions for a period of not less than one taxable year

beginning with January 1, 1972, provided it files with the bureau a written notice

of its election within the thirty-day period immediately following such date or

within a like period immediately following the date of enactment of this

subdivision, whichever occurs later.

b. Any nonprofit organization which becomes subject to the North Dakota

unemployment compensation law after January 1, 1972, may elect to become

liable for payments in lieu of contributions for a period of not less than twelve

months beginning with the date on which such subjectivity begins by filing a

written notice of its election with the bureau not later than thirty days immediately

following the date of the determination of such subjectivity.

c. Any nonprofit organization which makes an election in accordance with

subdivision a or subdivision b will continue to be liable for payments in lieu of

contributions until it files with the bureau a written notice terminating its election

not later than thirty days prior to the beginning of the taxable year for which such

termination shall first be effective, and it shall thereafter be treated as a new or

newly covered employer for the purpose of rate computation.

d. Any nonprofit organization which has been paying contributions under the North

Dakota unemployment compensation law for a period subsequent to January 1,

1972, may change to a reimbursable basis by filing with the bureau not later than

thirty days prior to the beginning of any taxable year a written notice of election to

become liable for payments in lieu of contributions. Such election is not

terminable by the organization for that and the next year.

e. The bureau may for good cause extend the period within which a notice of

election, or a notice of termination, must be filed and may permit an election to be

retroactive but not any earlier than with respect to benefits paid after December

31, 1969.

f. The bureau, in accordance with such regulations as it may prescribe, shall notify

each nonprofit organization of any determination which it may make of its status

as an employer and of the effective date of any election which it makes and of

any termination of such election. Such determinations are subject to

reconsideration, appeal, and review in accordance with administrative regulations

of the bureau established for appeals from determinations on claims for benefits

and thereafter the decision of the bureau is subject to judicial review as provided

for in chapter 52-06.

2. Reimbursement payments. Payments in lieu of contributions must be made in

accordance with the provisions of this subsection including either subdivision a or b.

a. At the end of each calendar quarter, or at the end of any other period as

determined by the bureau, the bureau shall bill each nonprofit organization, or

group of such organizations, which has elected to make payments in lieu of

contributions for an amount equal to the full amount of regular benefits plus

one-half of the amount of extended benefits paid during such quarter or other

prescribed period that is attributable to service in the employ of such

organization.

b. An alternative method for reimbursement payments may be as follows:

(1) Each nonprofit organization that has elected payments in lieu of

contributions may request permission to make such payments as hereinafter

provided. Such method of payment becomes effective upon approval by the

bureau.

(2) At the end of each calendar quarter, the bureau shall bill each nonprofit

organization for an amount representing one of the following:

(a) For 1972, two-tenths of one percent of its total payroll for 1971.

(b) For years after 1972, such percentage of its total payroll for the

immediately preceding calendar year as the bureau shall determine.

Such determination must be based each year on the average benefit

costs attributable to service in the employ of nonprofit organizations

during the preceding calendar year.

(c) For any organization which did not pay wages throughout the four

calendar quarters of the preceding calendar year, such percentage of

its payroll during such year as the bureau shall determine.

(3) At the end of each taxable year, the bureau may modify the quarterly

percentage of payroll thereafter payable by the nonprofit organization in

order to minimize excess or insufficient payments.

(4) At the end of each taxable year, the bureau shall determine whether the

total of payments for such year made by a nonprofit organization is less

than, or in excess of, the total amount of regular benefits plus one-half of the

amount of extended benefits paid to individuals during such taxable year

based on wages attributable to service in the employ of such organization.

Each nonprofit organization whose total payments for such year are less

than the amount so determined is liable for payment of the unpaid balance

to the fund in accordance with subdivision c. If the total payments exceed

the amount so determined for the taxable year, all or a part of the excess

may, at the discretion of the bureau, be refunded from the fund or retained in

the fund as part of the payments which may be required for the next taxable

year.

c. Payment of any bill rendered under subdivision a or b must be made not later

than thirty days after such bill was mailed to the last-known address of the

nonprofit organization or was otherwise delivered to it, unless there has been an

application for review in accordance with subdivision e.

d. Payments made by any nonprofit organization under the provisions of this

subsection shall not be deducted or deductible, in whole or in part, from the

remuneration of individuals in the employ of the organization.

e. The amount due specified in any bill from the bureau is conclusive on the

organization unless, not later than fifteen days after the bill was mailed to the

last-known address or otherwise delivered to it, the organization files an appeal

with the bureau setting forth the grounds for such appeal. Proceedings on appeal

to the bureau from the amount of a bill rendered under this subsection must be in

accordance with administrative regulations of the bureau and thereafter the

decision of the bureau is subject to judicial review as provided for in chapter

52-06.

f. Past-due payments of amounts in lieu of contributions are subject to the same

interest, delinquency fee, and penalties that, pursuant to this chapter apply to

past-due contributions.

3. Authority to terminate elections. If any nonprofit organization is delinquent in making

payments in lieu of contributions as required under subsection 2, the bureau may

terminate such organization's election to make payments in lieu of contributions as of

the beginning of the next taxable year, and such termination is effective for that and

the next taxable year.

4. Allocation of benefit costs. Each employer that is liable for payments in lieu of

contributions shall pay to the bureau for the fund the amount of regular benefits plus

the amount of one-half of extended benefits paid that are attributable to service in the

employ of such employer. If benefits paid to an individual are based on wages paid by

more than one employer and one or more of such employers are liable for payments in

lieu of contributions, the amount payable to the fund by each employer that is liable for

such payments must be determined in accordance with the provisions of subdivision a

or b.

a. Proportionate allocation, when fewer than all base-period employers are liable for

reimbursement. If benefits paid to an individual are based on wages paid by one

or more employers that are liable for payments in lieu of contributions and on

wages paid by one or more employers who are liable for contributions, the

amount of benefits payable by each employer that is liable for payments in lieu of

contributions must be an amount which bears the same ratio to the total benefits

paid to the individual as the total base-period wages paid to the individual by such

employer bear to the total base-period wages paid to the individual by all of the

individual's base-period employers.

b. Proportionate allocation, when all base-period employers are liable for

reimbursement. If benefits paid to an individual are based on wages paid by two

or more employers that are liable for payments in lieu of contributions, the

amount of benefits payable by each such employer must be an amount which

bears the same ratio to the total benefits paid to the individual as the total

base-period wages paid to the individual by such employer bear to the total

base-period wages paid to the individual by all of the individual's base-period

employers.

5. Notwithstanding any provisions in this section, any nonprofit organization that prior to

January 1, 1969, paid contributions required by this chapter, and elects, within thirty

days after July 1, 1971, to make payments in lieu of contributions, may not be required

to make any such payment on account of any regular or extended benefits paid, on the

basis of wages paid by such organization to individuals for weeks of unemployment

which begin on or after the effective date of such election until the total amount of such

benefits equals the amount of the positive balance in the experience rating account of

such organization.
N.D. Cent. Code § 52-02.1-03 — ND Code / Title 52 / Chapter 52-02.1 / Section 52-02.1-03
52-02.1-03. New jobs credit from income tax withholding - Continuing appropriation
Status: in_force

52-02.1-03. New jobs credit from income tax withholding - Continuing appropriation

Loans made under section 52-02.1-04 for program costs must be repaid by receipt of new

jobs credit from withholding as follows:

1. New jobs credit from withholding must be based upon the wages paid to the new

employees.

2. The North Dakota income tax withholding on wages paid by the employer to each new

employee participating in a project must be credited from the withholding payments

made by the employer pursuant to section 57-38-60. The tax commissioner shall

transmit the equivalent credit payment amount to the state treasurer to be allocated to

a special fund for payment to the department, community, or both, as the case may be,

of principal and interest on loans issued pursuant to section 52-02.1-04, or for

reimbursing employers participating in the cost reimbursement option provided in

section 52-02.1-06. All moneys deposited in the fund are hereby appropriated for the

purposes of this section. When the principal and interest on the loans have been

repaid or the employer's self-financed training costs have been reimbursed, the

employer credits must cease and any money received after the loans have been

repaid must be remitted by the tax commissioner to the general fund of the state.

3. The employer shall provide such other information the tax commissioner may require.

4. A new employee participating in a project must receive full credit for the amount

withheld as provided in section 57-38-59.

5. The tax commissioner and state treasurer shall administer this section and may adopt

rules consistent with and necessary for the administration of this section.

6. The provisions of chapter 57-38 pertaining to the administration of the income tax

withholding, including provisions for refund or credit, not in conflict with the provisions

of this chapter, shall govern the administration of the credit provided by this chapter.
N.D. Cent. Code § 52-04-11 — ND Code / Title 52 / Chapter 52-04 / Section 52-04-11
52-04-11. Unpaid contributions to bear interest - Penalties for failure to file reports - Penalties and interest collected paid into the federal advance interest repayment fund
Status: in_force

52-04-11. Unpaid contributions to bear interest - Penalties for failure to file reports -

Penalties and interest collected paid into the federal advance interest repayment fund.

1. Contributions unpaid when due must bear interest at the rate of one and one-half

percent per month or fraction thereof from due date.

2. Any employer who fails to submit to the bureau any employer's contribution and wage

report by the date due shall pay the bureau a penalty equal to five percent of the

contributions due for each month or part of a month until the report is submitted. The

penalty for the first month of the first delinquent report in a calendar year may not be

less than twenty-five dollars. The penalty for the first month of any subsequent

delinquent reports in a calendar year may not be less than one hundred dollars. The

penalty for subsequent months may not exceed twenty percent of contributions due.

The maximum penalty imposed by this subsection may not exceed five hundred

dollars for any single report. The penalty imposed by this subsection may be waived if

the bureau determines that the failure to submit the report timely was caused by

circumstances beyond the control of the employer.

3. The executive director, or any bureau employee authorized in writing by the executive

director, is authorized to enter into written agreements with employers relating to their

liability in respect to delinquent contributions, interest, penalties, and costs when such

employers are indebted to the bureau because of failure to pay contributions required

to be paid within any given period of time; provided, that such agreements must be in

accordance with regulations promulgated by the bureau and filed as provided by law,

and further provided that they do not contravene any other law, rule, or regulation.

4. The amount added under this section must be collected at the same time and in the

same manner and as a part of the contributions and must be paid into the federal

advance interest repayment fund.
N.D. Cent. Code § 52-04-19.1 — ND Code / Title 52 / Chapter 52-04 / Section 52-04-19.1
52-04-19.1. Financing benefits paid to employees of the state of North Dakota and governmental entities within the state of North Dakota
Status: in_force

52-04-19.1. Financing benefits paid to employees of the state of North Dakota and

governmental entities within the state of North Dakota.

1. Benefits paid to employees of the state of North Dakota, its departments and

instrumentalities, or any instrumentality of more than one of the foregoing, or an

instrumentality of the foregoing and one or more other states, which are attributable to

employment by an employing unit which, after December 31, 1977, is defined as an

employer, must be financed by one of the following methods:

a. By payment of contributions as provided under section 52-04-06, plus one-half

the cost of the extended benefits paid that are attributable to wages paid by an

employer.

b. By payment in lieu of contributions each quarter for the calendar years 1978 and

1979 in an amount equal to one percent of their total quarterly payroll, and the

rate of contributions to be paid for each two-year period after 1979 must be as

determined by the bureau each January by computing the cost of benefits paid

under chapters 52-06 and 52-07.1 which are attributable to wages paid by

employers, and the bureau may modify such rate in order to minimize excess or

insufficient payments in any prior periods.

c. In lieu of contributions an employer may elect to pay to the bureau for the

unemployment fund an amount equal to the amount of benefits paid under

chapters 52-06 and 52-07.1 which are attributable to wages paid in the employ of

such governmental employer, to individuals for weeks of unemployment.

2. Benefits paid to employees of political subdivisions, other than state government, its

departments and instrumentalities, or any instrumentality of more than one of the

foregoing which are attributable to employment by an employing unit which, after

December 31, 1977, is defined as an employer, must be financed by one of the

following methods:

a. By payment of contributions as provided under section 52-04-06 plus one-half the

cost of the extended benefits paid that are attributable to wages paid by an

employer.

b. By payment in lieu of contributions each quarter for the calendar year 1978 in an

amount equal to one percent of their total quarterly payroll, and the rate of

contribution to be paid quarterly each year after 1978 must be determined by the

bureau each January by computing the cost of benefits paid under chapters

52-06 and 52-07.1 which are attributable to wages paid by employers, and the

bureau may modify such rate in order to minimize excess or insufficient payments

in any prior periods.

c. In lieu of contributions an employer may elect to pay to the bureau for the

unemployment fund an amount equal to the amount of benefits paid under

chapters 52-06 and 52-07.1 which are attributable to wages paid in the employ of

such governmental employer, to individuals for weeks of unemployment.

3. Employers under this section shall notify the bureau of the plan selected for financing

benefits within sixty days of becoming an employer. In the event of an unexcused

failure of an employer to notify the bureau of the plan selected for financing benefits,

the bureau shall assess that employer the rate of contributions provided for in section

52-04-06 plus one-half the cost of the extended benefits paid that are attributable to

wages paid by that employer.

4. Elections and changes in the method of financing provided for in section 52-04-18 are

applicable to employers under this section.

5. Any two or more employers under this section may file a joint application for the

establishment of a group for the purpose of wage reporting and financing as

regulations may prescribe.

6. Past-due payments under this section are subject to the same interest and penalties

that apply to past-due contributions in section 52-04-11.
N.D. Cent. Code § 52-08-11 — ND Code / Title 52 / Chapter 52-08 / Section 52-08-11
52-08-11. Performance measurements for workforce training
Status: in_force

52-08-11. Performance measurements for workforce training

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

training. The measurements must include requirements for being time-sensitive and

results-oriented and must determine how well the training needs of business and industry are

being met.
N.D. Cent. Code § 52-06-06.1 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-06.1
52-06-06.1. Weekly benefit reduction for child support
Status: in_force

52-06-06.1. Weekly benefit reduction for child support

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 obligations, and is determined to be eligible for unemployment

compensation, the bureau shall notify the state or local child support enforcement

agency enforcing such obligation that the individual has been determined to be eligible

for unemployment compensation.

2. The bureau shall deduct and withhold from any unemployment compensation payable

to an individual that owes child support obligations as defined under subsection 7:

a. The amount specified by the individual to the bureau to be deducted and withheld

under this subsection, if neither subdivision b nor c are applicable;

b. The amount, if any, determined pursuant to an agreement submitted to the

bureau under section 454(20)(B)(i) of the Social Security Act [42 U.S.C. 654(20)

(B)(i)] by the state or local child support enforcement agency, unless subdivision c

is applicable; or

c. Any amount otherwise required to be so deducted and withheld from such

unemployment compensation pursuant to legal process, as that term is defined in

section 459(i)(5) of the Social Security Act [42 U.S.C. 659(i)(5)], properly served

upon the bureau.

3. Any amount deducted and withheld under subsection 2 must be paid by the bureau to

the appropriate state or local child support enforcement agency.

4. Any amount deducted and withheld under subsection 2 must for all purposes be

treated as if it were paid to the individual as unemployment compensation and paid by

such individual to the state or local child support enforcement agency in satisfaction of

the individual's child support obligations.

5. For purposes of subsections 1 through 4, the term "unemployment compensation"

means any compensation payable under the North Dakota unemployment

compensation law, including amounts payable by the bureau pursuant to an

agreement under any federal law providing for compensation, assistance, or

allowances with respect to unemployment.

6. This section applies only if appropriate arrangements have been made for

reimbursement by the state or local child support enforcement agency for the

administrative costs incurred by the bureau under this section which are attributable to

child support obligations being enforced by the state or local child support enforcement

agency.

7. The term "child support obligations" is defined for purposes of these provisions as

including only obligations which are being enforced pursuant to a plan described in

section 454 of the Social Security Act [42 U.S.C. 654] which has been approved by the

secretary of health and human services under part D of title IV of the Social Security

Act.

8. The term "state or local child support enforcement agency", as used in these

provisions, means any agency of this state or a political subdivision thereof operating

pursuant to a plan described in subsection 7.
N.D. Cent. Code § 52-06-21 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-21
52-06-21. Conclusiveness of determinations and decisions
Status: in_force

52-06-21. Conclusiveness of determinations and decisions

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 purposes of the North Dakota unemployment compensation law as between the bureau,

the claimant, and all employing units who had notice of such determination, redetermination, or

decisions. Any determination, redetermination, or decision as to rights to benefits which has

become final and conclusive in accordance with this section is not subject to collateral attack by

any employing unit, irrespective of notice. As used in this section, "collateral attack by any

employing unit" includes a collateral attack by a reimbursing or contributory base-period

employer on a final and conclusive determination of benefits involving a different employer

provided that an employer challenging the propriety of charging any benefits paid as a result of

a final determination, redetermination, or decision is entitled to receive data and information

from job service North Dakota concerning the monetary basis for the claimant's right to the

benefits at issue. Provided further, that at any hearing on the challenge, job service North

Dakota is not required to call or subpoena the claimant or the claimant's last or most recent

employer as a witness.
N.D. Cent. Code § 52-02-10 — ND Code / Title 52 / Chapter 52-02 / Section 52-02-10
52-02-10. Expenditure of moneys in fund
Status: in_force

52-02-10. Expenditure of moneys in fund

All moneys in the job service administration fund received from the United States or any

agency thereof for the administration of the North Dakota unemployment compensation law, or

which may be appropriated by the state for any of the purposes described in the North Dakota

unemployment compensation law, must be expended solely for the purposes and in the

amounts found necessary by the social security board of the United States or any other agency

of the United States succeeding thereto, for the proper and efficient administration of the North

Dakota unemployment compensation law.
N.D. Cent. Code § 52-06-18 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-18
52-06-18. When appeal from original determination treated as appeal from redetermination
Status: in_force

52-06-18. When appeal from original determination treated as appeal from

redetermination.

If an appeal involving an original determination is pending as of the date a redetermination

thereof is issued, such appeal, unless withdrawn, must be treated as an appeal from such

redetermination.
N.D. Cent. Code § 52-02.1-05 — ND Code / Title 52 / Chapter 52-02.1 / Section 52-02.1-05
52-02.1-05. Reports to legislative council budget section
Status: repealed

52-02.1-05. Reports to legislative council budget section

Repealed by S.L. 1997, ch. 445, § 4.
N.D. Cent. Code § 52-06-16 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-16
52-06-16. When redeterminations made by division - Notice
Status: in_force

52-06-16. When redeterminations made by division - Notice

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 been newly discovered; or

3. That benefits have been allowed or denied or the amount of benefits fixed on the basis

of a misrepresentation of facts.

No such redetermination may be made after two years from the day of the original

determination, except that a reconsidered determination involving a finding that benefits have

been allowed or denied or the amount of benefits fixed on the basis of nondisclosure or

misrepresentations of fact may be made within three years from the date of the determination.

Notice of any such redetermination must be given promptly to the parties entitled to the notice or

original determination and in the manner prescribed in section 52-06-12.
N.D. Cent. Code § 52-08.1-05 — ND Code / Title 52 / Chapter 52-08.1 / Section 52-08.1-05
52-08.1-05. North Dakota workforce 20/20 application procedure
Status: in_force

52-08.1-05. North Dakota workforce 20/20 application procedure

1. A proposal or concept paper must be submitted by the appropriate company, trade

representative, or employee representative to job service North Dakota.

2. The proposal or concept paper should address the key guideline points but be kept

brief.
N.D. Cent. Code § 52-10-03.2 — ND Code / Title 52 / Chapter 52-10 / Section 52-10-03.2
52-10-03.2. Authority of executive director - Social security coverage for national guard employees
Status: in_force

52-10-03.2. Authority of executive director - Social security coverage for national

guard employees.

The executive director of job service North Dakota may enter into an agreement with the

federal security agency, social security administration bureau of old-age and survivor insurance

to provide coverage for national guard state civilian employees under the old-age and survivor

insurance provisions of the Social Security Act as provided in section 218 of the Social Security

Act amendments of 1950 [Pub. L. 81-734; 64 Stat. 514; 42 U.S.C. 418]. For purposes of the

agreement, the executive director may make such collections, contributions, and reports as may

be required by the federal agency under the terms of the agreement.
N.D. Cent. Code § 52-02-16 — ND Code / Title 52 / Chapter 52-02 / Section 52-02-16
52-02-16. Title to real property acquired with federal funds
Status: in_force

52-02-16. Title to real property acquired with federal funds

The state of North Dakota may receive and accept title by general warranty deed to real

property which may be acquired under standard legal practices, or combinations thereof, for

acquisition of real estate in accordance with the needs and requirements of the particular

transaction by documents executed or to be executed by the bureau, provided the property

must be acquired without appropriation by the state of North Dakota and the cost thereof must

be defrayed by federal funds made available for the administration of said bureau. Sufficiency of

title to any property acquired hereunder must be approved by the attorney general prior to

execution of documents for acquisition of such property. Property acquired under authority

hereof must be for the use and benefit of the bureau to carry out and perform the duties,

powers, and authority vested therein, and to administer and participate in federal programs

delegated thereto by federal authority. Upon completion of negotiations for acquisition said

property may be held and occupied by the bureau at no cost other than maintenance.
N.D. Cent. Code § 52-06-37.1 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-37.1
52-06-37.1. Applicability of decision to separate proceedings
Status: in_force

52-06-37.1. Applicability of decision to separate proceedings

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

as evidence in, any separate or subsequent action or proceeding unrelated to the North Dakota

unemployment compensation law, except for workforce safety and insurance purposes,

between an individual and the individual's present or prior employer brought before an arbitrator,

court, or judge of this state or the United States, regardless of whether the prior action was

between the same or related parties or involved the same facts.
N.D. Cent. Code § 52-02.1-02 — ND Code / Title 52 / Chapter 52-02.1 / Section 52-02.1-02
52-02.1-02. Job service North Dakota - Agreements
Status: in_force

52-02.1-02. Job service North Dakota - Agreements

1. Program services developed and coordinated by job service North Dakota must be

provided to primary sector businesses found eligible for loans or grants under this

chapter. Job service North Dakota may enter an agreement to establish a project with

an employer which meets the following conditions:

a. Sets a date of commencement of the project.

b. Identifies program costs, including deferred costs, which are to be paid from

available sources including new jobs credit from withholding to be received or

derived from new jobs resulting from the project.

c. Provides for a guarantee by the employer of payment for program costs.

d. Provides that any deferral of program cost payments may not exceed ten years

from the date of commencement of the project.

e. Provides that on-the-job training costs for employees may not exceed fifty percent

of the annual gross payroll costs of the new jobs in the first full year after the date

of commencement of the project. For purposes of this subsection, "gross payroll"

is the gross wages and salaries for the new jobs.

f. Provides the maximum amount of new jobs credit from withholding or tuition and

fee payments allowed for a project.

g. Provides that every employee participating in the new jobs training program must

be paid an income of at least ten dollars per hour, plus benefits, by the end of the

first year of employment under the project and for the remaining life of the loan.

2. A project requiring a loan from the department or a community may not be approved,

and an agreement may not be executed by job service North Dakota, until notification

from the department or community that the employer has qualified for a loan. Upon

execution of the agreement, job service North Dakota shall notify the state tax

commissioner of the agreement and the identity of the employer. Job service North

Dakota may adopt rules to implement this chapter. Job service North Dakota shall

prepare an annual report for the governor and the legislative assembly with respect to

the new jobs training program.

3. For purposes of this section and section 52-02.1-04, an employer that is not a primary

sector business, but contracts to provide employees to a primary sector business, may

qualify for program services if:

a. The employer and the primary sector business are parties to the same agreement

under this section; and

b. The agreement under this section designates the employer as the recipient of the

program services.
N.D. Cent. Code § 52-06-07 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-07
52-06-07. Wages payable prior to January 1, 1941, deemed wages paid within calendar quarter
Status: in_force

52-06-07. Wages payable prior to January 1, 1941, deemed wages paid within

calendar quarter.

For the purposes of section 52-06-04 and subsection 30 of section 52-01-01, wages

payable to an individual for insured work performed prior to January 1, 1941, must be deemed

to be wages paid within the calendar quarter with respect to which such wages were paid.
N.D. Cent. Code § 52-07.1-06 — ND Code / Title 52 / Chapter 52-07.1 / Section 52-07.1-06
52-07.1-06. Weekly extended benefit amount
Status: in_force

52-07.1-06. Weekly extended benefit amount

The weekly extended benefit amount payable to an individual for a week of total

unemployment in the individual's eligibility period is an amount equal to the weekly benefit

amount payable to the individual during the individual's applicable benefit year. Provided, that

for any week during a period in which federal payments to states under section 204 of the

Federal-State Extended Unemployment Compensation Act of 1970 are reduced under an order

issued under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985,

the weekly extended benefit amount payable to an individual for a week of total unemployment

in the individual's eligibility period must be reduced by a percentage equivalent to the

percentage of the reduction in the federal payment. Such reduced weekly extended benefit

amount, if not a full dollar amount, must be rounded to the nearest lower full dollar amount.
N.D. Cent. Code § 52-04-19 — ND Code / Title 52 / Chapter 52-04 / Section 52-04-19
52-04-19. Financing benefits paid to employees of the state hospitals or state institutions of higher education
Status: in_force

52-04-19. Financing benefits paid to employees of the state hospitals or state

institutions of higher education.

Benefits paid to employees based on service attributable to employment in state hospitals

or of state institutions of higher education must be financed in accordance with the provisions of

this section. For the purpose of this section and subdivision h of subsection 15 of section

52-01-01, an institution of higher education means an educational institution defined in

subsection 27 of section 52-01-01, and a state hospital means an institution defined in

subsection 25 of section 52-01-01. An employing unit which, pursuant to subdivision h of

subsection 15 of section 52-01-01, is, or becomes, subject to the North Dakota unemployment

compensation law on or after January 1, 1972, shall pay contributions under the provisions of

this chapter, unless it elects as hereafter provided to pay to the bureau for the unemployment

fund an amount equal to the amount of regular benefits and the extended benefits paid, that is

attributable to service in the employ of such state hospital or such state institution of higher

education, to individuals for weeks of unemployment which begin during the effective period of

such election. Payments in lieu of contributions must be made at the end of each calendar

quarter or at the end of any other period determined by the bureau. Election and changes in the

method of financing must be in the same manner provided for in section 52-04-18.
N.D. Cent. Code § 52-05-04 — ND Code / Title 52 / Chapter 52-05 / Section 52-05-04
52-05-04. Termination as employer - Regulations governing
Status: in_force

52-05-04. Termination as employer - Regulations governing

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

year, a written application for termination of coverage, and the bureau finds that the employing

unit is not an employer as defined in the North Dakota unemployment compensation law. During

January of any calendar year, the bureau on its own motion, may file an application for

termination of coverage on behalf of any employer who during the preceding year was liable for

contributions under the terms of the North Dakota unemployment compensation law, but who:

1. Has removed from the state;

2. Has discontinued the business conducted by it at the time it became liable under the

terms of the North Dakota unemployment compensation law; or

3. Has been adjudged bankrupt or has become insolvent.

Such application for termination of coverage filed by the bureau on its own motion must be

acted upon in exactly the same manner as though the application had been filed by the

employer.
N.D. Cent. Code § 52-04-08.1 — ND Code / Title 52 / Chapter 52-04 / Section 52-04-08.1
52-04-08.1. Implementation of federal anti-SUTA dumping legislation
Status: in_force

52-04-08.1. Implementation of federal anti-SUTA dumping legislation

The agency shall implement section 52-04-08.2 to ensure necessary compliance with

section 303(k) of the Social Security Act [Pub. L. 108-195; 42 U.S.C. 503]. The agency shall

adopt rules and procedures necessary to ensure compliance with that section. The agency may

issue necessary subpoenas, in accordance with sections 52-06-23 and 52-06-25, to carry out its

responsibilities under this chapter.
N.D. Cent. Code § 52-04-08 — ND Code / Title 52 / Chapter 52-04 / Section 52-04-08
52-04-08. Succession to predecessor's experience record - Impact of substantial common ownership, management, or control
Status: in_force

52-04-08. Succession to predecessor's experience record - Impact of substantial

common ownership, management, or control.

1. An employing unit that in any manner acquires all or part of the organization, business,

trade, workforce, or assets of another employer and continues essentially the same

business activity of the whole or part transferred, may upon request be transferred in

accordance with law and any relevant rules adopted by the agency, the whole or

appropriate part of the experience record, reserve balance, and benefit experience of

the predecessor employer, unless the agency finds that the employing unit acquired

the business solely or primarily for the purpose of obtaining a lower unemployment

insurance tax rate. If the predecessor files a written protest against such transfer within

fifteen days of being notified of the successor's application, the transfer will not be

made.

2. When an employing unit in any manner acquires all or part of the organization,

business, trade, workforce, or assets of another employer, the agency shall transfer all

or the appropriate part of the experience record, reserve balance, whether positive or

negative, and benefit experience of such predecessor to the successor if it finds that

there was, at the time of acquisition, substantially common ownership, management,

or control of the predecessor and the successor.

3. When a part of an employer's experience record reserve account and benefit

experience is transferred under this section, the portion of the experience record and

reserve account transferred must be in the same ratio to the total experience record

and reserve account as the average annual payroll of the transferred organization,

trade, business, workforce, or assets is to the total average annual payroll of the

predecessor.

4. An employing unit's experience record may not be transferred in an amount that

results in the successor and predecessor portions totaling more than one hundred

percent of the predecessor's history.
N.D. Cent. Code § 52-05-01 — ND Code / Title 52 / Chapter 52-05 / Section 52-05-01
52-05-01. Employing unit deemed to be employer for entire calendar year - Exception
Status: in_force

52-05-01. Employing unit deemed to be employer for entire calendar year - Exception

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.
N.D. Cent. Code § 52-06-35 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-35
52-06-35. Statements relating to benefit rights and claims to be posted - Regulations governing
Status: in_force

52-06-35. Statements relating to benefit rights and claims to be posted - Regulations

governing.

Each employer shall post and maintain in places readily accessible to individuals in the

employer's employ printed statements concerning benefit rights, claims for benefits, and such

other matters relating to the administration of the North Dakota unemployment compensation

law as the bureau may prescribe by regulation. Each employer shall supply to such individuals

copies of such printed statements or other materials relating to claims for benefits when and as

the bureau may prescribe by regulation. Such printed statements and other materials must be

supplied by the bureau to each employer without cost.
N.D. Cent. Code § 52-08-03 — ND Code / Title 52 / Chapter 52-08 / Section 52-08-03
52-08-03. Job service North Dakota - Offices maintained
Status: in_force

52-08-03. Job service North Dakota - Offices maintained

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.
N.D. Cent. Code § 52-06-37 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-37
52-06-37. Action for libel or slander not to be predicated upon disqualification for benefits
Status: in_force

52-06-37. Action for libel or slander not to be predicated upon disqualification for

benefits.

No action for slander or libel, either civil or criminal, may be predicated upon information

furnished by an employer to the job insurance division in connection with the imposition of any

of the disqualifications set forth in section 52-06-02.
N.D. Cent. Code § 52-04-15 — ND Code / Title 52 / Chapter 52-04 / Section 52-04-15
52-04-15. Refund of moneys not authorized by provisions of law
Status: in_force

52-04-15. Refund of moneys not authorized by provisions of law

Nothing in the North Dakota unemployment compensation law may be construed to

authorize any refund of moneys due and payable under the law and regulations in effect at the

time such moneys were paid.
N.D. Cent. Code § 52-06-08 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-08
52-06-08. Claims for benefits - How made
Status: in_force

52-06-08. Claims for benefits - How made

Claims for benefits under the North Dakota unemployment compensation law must be made

in accordance with such regulations as the bureau may prescribe.
N.D. Cent. Code § 52-06-33 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-33
52-06-33. Recovery and recoupment - Penalty
Status: in_force

52-06-33. Recovery and recoupment - Penalty

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 the person under the North Dakota unemployment compensation law or the unemployment

compensation law of another state or the federal government following a finding that such

payment occurred. Such findings shall have become final and shall specify the reason for such

finding, the week or weeks for which such benefits were paid, and the amount of benefits so

paid. The bureau, in its discretion, may release such person from liability to refund when it finds

that recovery would be contrary to equity and good conscience. Amounts determined collectible

may be so collected by civil action in the name of the bureau. If the bureau has found that the

individual has made a false statement for the purpose of obtaining unemployment compensation

benefits to which the individual was not lawfully entitled, the bureau shall assess a monetary

penalty of fifteen percent of the amount of unemployment compensation benefits overpaid. The

penalty must be applied to all forms of state and federal unemployment compensation and the

federally mandated penalty amounts collected must be deposited in the state unemployment

compensation fund. Amounts unpaid on the date on which they are due and payable, as

determined by the bureau, may bear interest at the rate of one and one-half percent per month

from and after that date until payment plus accrued interest is received by the bureau. However,

no interest may be assessed for the first one hundred eighty days on any overpayment when

the bureau has found that the individual did not make a false statement to obtain benefits to

which the individual was not lawfully entitled.
N.D. Cent. Code § 52-10-09 — ND Code / Title 52 / Chapter 52-10 / Section 52-10-09
52-10-09. Studies and reports
Status: in_force

52-10-09. Studies and reports

The state agency shall submit a biennial report to the governor and the secretary of state in

accordance with section 54-06-04.
N.D. Cent. Code § 52-02-15 — ND Code / Title 52 / Chapter 52-02 / Section 52-02-15
52-02-15. Reciprocal arrangements with other states and federal government
Status: in_force

52-02-15. Reciprocal arrangements with other states and federal government

The bureau shall enter into reciprocal arrangements with appropriate and duly authorized

agencies of other states or of the federal government or both, by which:

1. Services performed by an individual for a single employing unit, which services

customarily are performed in more than one state, must be deemed to be services

performed entirely within any one of the states:

a. In which any part of such individual's services is performed;

b. In which such individual has such individual's residence; or

c. In which the employing unit maintains a place of business if there is in effect as to

such services, an election, approved by the agency charged with the

administration of such state's unemployment compensation law, pursuant to

which all the services performed by such individual for such employing unit, are

deemed to be entirely within such state;

2. Potential rights to benefits accumulated under the unemployment compensation laws

of one or more states or under one or more such laws of the federal government, or

both, may constitute the basis for the payment of benefits through a single appropriate

agency under terms which the bureau finds will be fair and reasonable as to all

affected interests and will not result in any substantial loss to the fund;

3. Wages or services, upon the basis of which an individual may become entitled to

benefits under an unemployment compensation law of another state or of the federal

government, must be deemed to be wages for insured work for the purpose of

determining the individual's rights to benefits under the North Dakota unemployment

compensation law, and wages for insured work, on the basis of which an individual

may become entitled to benefits under the North Dakota unemployment compensation

law, must be deemed to be wages or services on the basis of which unemployment

compensation under such law of another state or of the federal government is payable.

No such arrangement may be entered into unless it contains provisions for

reimbursements to the fund for such of the benefits paid under the North Dakota

unemployment compensation law upon the basis of such wages or services, and

provisions for reimbursements from the fund for such of the compensation paid under

such other law upon the basis of wages for insured work, as the bureau finds will be

fair and reasonable as to all affected interests; and

4. Contributions due under the North Dakota unemployment compensation law with

respect to wages for insured work, for the purposes of sections 52-04-11 through

52-04-14, must be deemed to have been paid to the fund as of the date payment was

made as contributions therefor under another state or federal unemployment

compensation law, but no such arrangement may be entered into unless it contains

provisions for such reimbursements to the fund of such contributions and the actual

earnings thereon as the bureau finds will be fair and reasonable as to all affected

interests.
N.D. Cent. Code § 52-02-05 — ND Code / Title 52 / Chapter 52-02 / Section 52-02-05
52-02-05. Text of chapter and other rules and regulations to be published by bureau for distribution
Status: repealed

52-02-05. Text of chapter and other rules and regulations to be published by bureau

for distribution.

Repealed by S.L. 2005, ch. 453, § 1.
N.D. Cent. Code § 52-06-20 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-20
52-06-20. Procedure in hearings and appeals - Consolidating claims
Status: in_force

52-06-20. Procedure in hearings and appeals - Consolidating claims

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 shall adopt reasonable regulations governing the manner of filing appeals and the

conduct of hearings and appeals, consistent with the provisions of the North Dakota

unemployment compensation law. When the same or substantially similar evidence is relevant

and material to the matters in issue in claims by more than one individual or in claims by a

single individual with respect to two or more weeks of unemployment, the same time and place

for considering each such claim may be fixed, hearings thereon jointly conducted, a single

record of the proceedings made, and evidence adduced with respect to one proceeding

considered as introduced in the others when, in the judgment of the appeal tribunal having

jurisdiction of the proceeding, such consolidation would not be prejudicial to any party. No

person may participate on behalf of the bureau in any case in which the person has a direct or

indirect interest.
N.D. Cent. Code § 52-04-11.1 — ND Code / Title 52 / Chapter 52-04 / Section 52-04-11.1
52-04-11.1. Corporate officer personal liability
Status: in_force

52-04-11.1. Corporate officer personal liability

1. Any officer, director, or any employee having twenty percent ownership interest of a

corporation and any manager, governor, or employee having twenty percent ownership

interest of a limited liability company, that is an employer under the North Dakota

unemployment compensation law who has control of or supervision over the filing of

and responsibility for filing contribution reports or making payment of contributions

under the North Dakota unemployment compensation law, and who fails to file the

reports or to make payments as required, is personally liable for contributions or

reimbursement, including interest, penalties, and costs in the event the corporation or

limited liability company does not pay to the bureau those amounts for which the

employer is liable.

2. The personal liability of any person as provided herein shall survive dissolution,

reorganization, bankruptcy, receivership, or assignment for the benefit of creditors. For

the purposes of this section, all wages paid by the corporation or limited liability

company must be considered earned from the person determined to be personally

liable.

3. The unemployment insurance division shall make a written determination as to the

personal liability of a corporate officer or employee under this section. The

determination is final unless the person found to be personally liable files a written

appeal of the determination within fifteen calendar days after mailing of the notice of

determination to the person's last-known address.
N.D. Cent. Code § 52-01-04 — ND Code / Title 52 / Chapter 52-01 / Section 52-01-04
52-01-04. Penalty for use of list of names for political purposes
Status: in_force

52-01-04. Penalty for use of list of names for political purposes

Any person who has obtained any list of applicants for work, claimants, or recipients of

benefits from the bureau under any pretext, who uses or permits the use of such list for any

political purpose, is guilty of a class B misdemeanor.
N.D. Cent. Code § 52-06-01 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-01
52-06-01. Conditions required to be eligible for benefits
Status: in_force

52-06-01. Conditions required to be eligible for benefits

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 registered for work and thereafter continued to complete all

assigned services and report to a local office as required in accordance with such

regulations as the bureau may prescribe, except that the bureau may, by regulation,

waive or alter either or both of the requirements of this subsection as to individuals

attached to regular jobs and as to such other types of cases or situations with respect

to which it finds that compliance with such requirements would be oppressive, or

would be inconsistent with the purposes of the North Dakota unemployment

compensation law; provided, that no such regulation shall conflict with section

52-06-03;

3. The individual is able to work and is available for suitable work and actively seeking

work, provided:

a. That notwithstanding any other provisions in this section, no otherwise eligible

individual may be denied benefits for any week because the individual is in

training with the approval of the bureau by reason of the application of provisions

of this subsection relating to availability for work and to active search for work, or

the provisions of subsection 3 of section 52-06-02 relating to disqualification for

benefits for failure to apply for, or a refusal to accept, suitable work; and

b. That no claimant may be considered ineligible in any week of unemployment for

failure to comply with this subsection, if the failure is due to an illness or disability

not covered by workforce safety and insurance and which occurred after the

claimant has registered for work and no work has been offered the claimant

which is suitable;

4. The individual has been unemployed for a waiting period of one week. The executive

director may suspend the waiting period during periods of time when federal

reimbursement for benefit charges incurred for the suspended waiting period is made

available to the bureau. Any suspension of the waiting period applies to all new initial

claims filed with an effective date within the time period in which the waiting period is

suspended. No week may be counted as a week of unemployment for the purposes of

this subsection:

a. Unless it occurs within the benefit year which includes the week with respect to

which the individual claims payment of benefits;

b. If benefits have been paid with respect thereto; and

c. Unless the individual was eligible for benefits, with respect thereto as provided in

this section and section 52-06-02; and

5. The individual participates in re-employment services, such as job search assistance

services, if the individual has been determined to be likely to exhaust regular benefits

and to need re-employment services pursuant to a profiling system established by the

bureau, unless the bureau determines that:

a. The individual has completed these services; or

b. There is justifiable cause for the claimant's failure to participate in these services.
N.D. Cent. Code § 52-06-38 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-38
52-06-38. Penalty for making false statement or failure to disclose material fact to obtain or increase benefits
Status: repealed

52-06-38. Penalty for making false statement or failure to disclose material fact to

obtain or increase benefits.

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 52-06-10 — ND Code / Title 52 / Chapter 52-06 / Section 52-06-10
52-06-10. Determinations in labor dispute cases
Status: in_force

52-06-10. Determinations in labor dispute cases

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 referee for the purpose of making a determination upon the issues involved under that

section or upon such claim. The appeals referee shall make the determination on the claim after

such investigation as the appeals referee deems necessary and after affording the parties

entitled to notice an opportunity for a fair hearing in accordance with the provisions of the North

Dakota unemployment compensation law with respect to hearings and determinations of the

appeal tribunals. The parties must be notified promptly of the determination, together with the

reasons therefor, in the event of the denial of the claim. Such determination must be deemed to

be the final decision on the claim, unless within seven days of the mailing of the notice to a

party's last-known address, or in the absence of such mailing, within ten days after the delivery

of such notice, an appeal is filed with the bureau.
N.D. Cent. Code § 52-08.1-03 — ND Code / Title 52 / Chapter 52-08.1 / Section 52-08.1-03
52-08.1-03. North Dakota workforce 20/20 priority of industry requirements
Status: in_force

52-08.1-03. North Dakota workforce 20/20 priority of industry requirements

1. The program is designed to assist companies that are undergoing major technological

changes and where training is deemed critical to the company and in occupations that

are deemed to have inadequate trained personnel.

2. Job service North Dakota shall encourage training assistance for small companies and

companies located in rural areas.

3. Job service North Dakota shall encourage companies to participate with in-kind

contributions of training space, training equipment, training supplies, and technical

assistance.

4. Training programs must require the direct participation of the sponsoring company and

an employee representative.

5. If new job openings are created through upgrade training, the sponsoring company

should give priority consideration to individuals eligible for other state and federal job

training programs.

6. Job service North Dakota shall encourage training assistance for a company that

manufactures or otherwise produces a product. However, the class of occupations

eligible to receive training through such a company is not limited to manufacturing or

production.