reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-05 - Payment of Benefits to Interstate Claimants › Section 27-03-05-05 - Claims for benefits

Current through Supplement No. 393, July, 2024
1. Claims for
				benefits or waiting period shall be filed by interstate claimants on uniform
				interstate claim forms and in accordance with uniform procedures developed
				pursuant to the interstate benefit payment plan. Claims shall be filed in
				accordance with the type of week in use in the agent state. Any adjustments
				required to fit the type of week used by the liable state shall be made by the
				liable state on the basis of consecutive claims filed.
2. Claims shall be filed in accordance with
				agent state regulations for intrastate claims in local employment offices, or
				at an itinerant point, or by mail.
a. With
				respect to claims for weeks of unemployment in which individual was not working
				for the individual's regular employer, the liable state shall, under
				circumstances which it considers good cause, accept a continued claim filed up
				to one week, or one reporting period, late. If a claimant files more than one
				reporting period late, an initial claim must be used to begin a claim series
				and no continued claim for a past period shall be accepted.
b. With respect to weeks of unemployment
				during which an individual is attached to the individual's regular employer,
				the liable state shall accept any claim which is filed within the time limit
				applicable to such claims under the law of the agent state.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-02-15
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-05 - Payment of Benefits to Interstate Claimants › Section 27-03-05-06 - Determination of claims

Current through Supplement No. 393, July, 2024
The agent state shall, in connection with each claim filed by
				  an interstate claimant, ascertain and report to the liable state in question
				  such facts relating to the claimant's availability for work and eligibility for
				  benefits as are readily determinable in and by the agent state. The agent
				  state's responsibility and authority in connection with the determination of
				  interstate claims shall be limited to investigation and reporting of relevant
				  facts. The agent state shall not refuse to take an interstate claim.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-02-15
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-05 - Payment of Benefits to Interstate Claimants › Section 27-03-05-07 - Appellate procedure

Current through Supplement No. 393, July, 2024
1. The agent state
				shall afford all reasonable cooperation in the taking of evidence and the
				holding of hearings in connection with appealed interstate benefit claims.
2. With respect to the time limits
				imposed by the law of a liable state upon the filing of an appeal in connection
				with a disputed benefit claim, an appeal made by an interstate claimant shall
				be deemed to have been made and communicated to the liable state on the date
				when it is received by any qualified officer of the agent state.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-02-15
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-05 - Payment of Benefits to Interstate Claimants › Section 27-03-05-08 - Extension of interstate benefit payments to include claims taken in and for Canada

Current through Supplement No. 393, July, 2024
This chapter shall apply in all its provisions to claims
				  taken in and for Canada.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-02-15
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-06 - First Stage Appeals › Section 27-03-06-01 - Filing a first stage appeal

Current through Supplement No. 393, July, 2024
Any interested party to a determination on a claim for
				  benefits may file an appeal within twelve days after the determination was
				  mailed to the party or twelve days after the determination was otherwise
				  delivered to the party. The appeal shall be in writing, shall set forth a
				  statement of the grounds for the appeal, and must be filed with the local
				  office of the state employment service or at the office of the unemployment
				  compensation division.
General Authority:
NDCC
				   52-06-20
Law Implemented:
NDCC
				   52-06-10,
				   52-06-13,
				   52-07.1-04
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-06 - First Stage Appeals › Section 27-03-06-02 - Notice of hearing

Current through Supplement No. 393, July, 2024
Appeals shall be heard at the earliest possible date. All
				  interested parties shall be given at least seven days notice of the hearing
				  stating the time and place of hearing and the issues involved.
General Authority:
NDCC
				   52-06-20
Law Implemented:
NDCC
				   52-06-10,
				   52-06-13,
				   52-07.1-04
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-06 - First Stage Appeals › Section 27-03-06-03 - Hearing of the appeal

Current through Supplement No. 393, July, 2024
1. All hearings
				shall be conducted informally and in such manner as to determine the
				substantial rights of the parties. All issues relevant to the appeal shall be
				considered and passed upon. The claimant and any other interested party may
				present such evidence as may be pertinent.
2. Where a party is present in person, the
				referee shall examine such party, and the party's witnesses, if any. At any
				hearing of an appeal, the referee, with or without notice to the parties, may
				take such additional evidence as the referee deems necessary. The parties and
				their representatives may examine or cross examine witnesses, inspect
				documents, and explain or rebut any evidence.
3. The referee shall place all witnesses
				under oath and all testimony shall be recorded, however, it need not be
				transcribed unless further appeal is made.
4. The parties to an appeal, with the consent
				of the referee, may stipulate the facts involved in writing. The referee may
				decide the appeal on the basis of such stipulation, or, in the referee's
				discretion, may set the appeal down for hearing and take such further evidence
				as the referee deems necessary to enable the referee to determine the issue.
5. Subpoenas to compel the
				attendance of witnesses and the production of records for any hearing on an
				appeal may be issued by the referee or by a duly authorized representative of
				the bureau.
6. A witness
				subpoenaed for appearance at hearings before the appeal tribunal, the bureau,
				or a court shall be paid for each day's attendance and for each mile traveled
				one way, in such an amount as fixed by law in civil proceedings. Fees and
				mileage of such witness subpoenaed either by the bureau or on behalf of any
				party to an appeal shall be deemed part of the expenses of administering the
				unemployment compensation law.
7.
				Any individual may appear for oneself in any proceedings before a referee. Any
				partnership may be represented by any of its members. Any party in interest may
				be represented by counsel.
8. No
				referee or member of an appeal tribunal shall participate in the hearing of an
				appeal in which the person has an interest. Challenges to the interest of any
				referee or member of the appeal tribunal shall be heard and decided by the
				bureau.
General Authority:
NDCC
				   52-06-20
Law Implemented:
NDCC
				   52-06-10,
				   52-06-13,
				   52-06-20,
				   52-06-23,
				   52-06-24,
				   52-07.1-04
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-06 - First Stage Appeals › Section 27-03-06-04 - Adjournment - Failure to appear

Current through Supplement No. 393, July, 2024
1. At the referee's
				discretion, the referee may adjourn a hearing in order to secure additional
				evidence. The referee may postpone a hearing if the referee decides that such
				action is necessary to afford all parties a fair hearing.
2. The referee shall continue or reopen a
				hearing for good cause, and shall use the referee's best judgment as to when a
				continuance or reopening of a hearing shall be granted in order that all
				evidence possible be obtained. Notice of time and place of the reconvening of
				the hearing will be given by the referee.
3. In the event any party in interest fails
				to appear at a hearing, the referee may adjourn the hearing to a later date, or
				the referee may proceed with the hearing. The referee shall review the file and
				record and question any party present.
4. An appeal from a determination or
				redetermination may, with the permission of the referee, be withdrawn before a
				hearing thereon. Upon such withdrawal, the determination or redetermination as
				issued shall be final.
General Authority:
NDCC
				   52-06-20
Law Implemented:
NDCC
				   52-06-10,
				   52-06-20,
				   52-06-21,
				   52-07.1-04
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-06 - First Stage Appeals › Section 27-03-06-05 - Decision

Current through Supplement No. 393, July, 2024
The referee shall, within seven days after the hearing, set
				  forth in writing the referee's findings of fact, the referee's decision and the
				  reasons for such decision. Copies of such findings of fact and decision shall
				  be mailed to all interested parties, and shall be final unless an appeal to the
				  bureau is filed within twelve days of the date of mailing.
General Authority:
NDCC
				   52-06-20
Law Implemented:
NDCC
				   52-06-10,
				   52-06-15,
				   52-07.1-04
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-07 - Second Stage Appeals › Section 27-03-07-01 - Second stage appeals to the bureau

Current through Supplement No. 393, July, 2024
1. Any interested
				party to an appeal referee's decision may, within twelve days after the mailing
				of the appeal decision, request further review or appeal to the bureau. Such
				appeal shall be in writing and shall be filed with the local office of the
				state employment service, or at the office of the unemployment compensation
				division.
2. The bureau, on its
				own motion, may initiate a review of the decision of an appeal tribunal. No
				person shall participate on behalf of the bureau in any case in which the
				person has a direct or indirect interest.
3. All interested parties shall be notified
				in writing as to the acceptance of the request for review.
4. All appeals to the bureau may be heard
				upon the evidence in the record but the bureau, to enable it to determine an
				appeal, may direct the taking of additional evidence.
5. The bureau, in its discretion, may remand
				any claim or any issue involved in a claim to the referee for taking of
				additional evidence. Such testimony shall be taken by the referee in the manner
				provided for the conduct of appeals before the referee. Upon the completion of
				the taking of evidence by the referee, the claim or issue involved shall be
				returned to the bureau for its decision.
6. The decision of the bureau shall be in
				writing and shall be mailed to all parties in interest. The decision of the
				bureau shall be final unless within thirty days after the date of mailing or
				delivery of such decision to the parties in interest, a proceeding for judicial
				review is initiated.
General Authority: NDCC 52-06-20
Law Implemented: NDCC 52-04-17, 52-06-10, 52-06-19, 52-06-20, 52-06-21, 52-06-22, 52-06-23, 52-06-24, 52-06-27, 52-07.1-04
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-07 - Second Stage Appeals › Section 27-03-07-03 - Representation of claimant in district court - Attorney fee

Current through Supplement No. 393, July, 2024
The claimant's attorney fees paid by the bureau for
				  representation in district court, only if the claimant finally prevails, are
				  those fees charged to the claimant by the attorney and which would otherwise be
				  payable to the attorney by the claimant. The amount of a claimant's attorney
				  fees paid by the bureau may not exceed twenty percent of the amount of benefits
				  at issue in the case. No attorney representing a claimant is entitled to
				  attorney fees from the bureau if the attorney is employed by or a member of the
				  staff of any legal services organization funded totally or in part by public
				  funds.
General Authority: NDCC 52-02-02
Law Implemented: NDCC 52-06-32
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-08 - Training › Section 27-03-08-01 - Application of chapter

Current through Supplement No. 393, July, 2024
This chapter governs the administration of the North Dakota
				  Unemployment Compensation Law as it relates to payment of benefits to persons
				  in approved training.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-06-01,
				   52-06-02(6)
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-08 - Training › Section 27-03-08-02 - Definition

Current through Supplement No. 393, July, 2024
An otherwise eligible individual, for the purposes of this
				  chapter, is a person who meets the requirements set forth in North Dakota
				  Century Code section
				   52-06-01, except for the
				  requirements of subdivision a of subsection 3 of North Dakota Century Code
				  section  52-06-01 relating to availability
				  and active search for work.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-06-01,
				   52-06-02(6)
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-08 - Training › Section 27-03-08-03 - Application for approval of a training or retrainingprogram

Current through Supplement No. 393, July, 2024
An otherwise eligible unemployed individual who has filed or
				  files a claim for benefits may make written application to the bureau for
				  approval of a training or retraining program which the individual proposes to
				  attend or to which the individual has been referred by the bureau. The
				  application shall be made on forms prescribed by the bureau and shall include
				  the following information:
1. The
				individual's most recent employer and employment.
2. The proposed training or retraining
				course.
3. The educational
				institution at which the individual would receive training and retraining.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-06-01,
				   52-06-02(6)
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-08 - Training › Section 27-03-08-04 - Approval of training or retraining programs

Current through Supplement No. 393, July, 2024
An individual's application for enrollment in a training or
				  retraining program, unless other relevant factors dictate otherwise, must be
				  approved by the bureau for an otherwise eligible unemployed individual if the
				  bureau finds that the training or retraining program meets all of the following
				  requirements:
1. Reasonable and
				suitable work opportunities for which the individual is fitted by training,
				experience, and physical capabilities do not exist in the individual's
				locality.
2. The training course
				is commensurate with the individual's abilities and is designed to prepare the
				individual for available employment.
3. The training is conducted by an agency,
				educational institution, or employing unit which has been approved for such
				training by the bureau in consultation with the state department of vocational
				education, when necessary, to conduct training programs.
4. The training is vocational in nature or
				short-term academic training vocationally directed to an occupation or skill
				for which there are, or are expected to be, reasonable work opportunities
				available to the individual.
General Authority: NDCC 52-02-02
Law Implemented: NDCC 52-06-01, 52-06-02(6)
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-08 - Training › Section 27-03-08-05 - Availability of trainee

Current through Supplement No. 393, July, 2024
An otherwise eligible unemployed individual whose written
				  application for approval of training or retraining has been approved by the
				  bureau may be paid benefits for any week during a period of training or
				  retraining if the bureau finds that all of the following have been met:
1. The individual has filed a claim on forms
				prescribed by the bureau.
2. A
				duly designated person connected with the training has certified each week that
				the individual has been maintaining satisfactory progress and attendance in the
				course.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-06-01,
				   52-06-02(6)
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-04 - North Dakota New Jobs Training Program › Chapter 27-04-01 - North Dakota New Jobs Training Program › Section 27-04-01-01 - Definitions

Current through Supplement No. 393, July, 2024
Terms used in this chapter, unless the context clearly
				  indicates otherwise, have the following meanings:
1. "Act" means chapter 493 of the 1993
				Session Laws.
2. "Applicant" means
				a business submitting a project application for approval by job service North
				Dakota.
3. "Debt service" means
				the payment of principal and interest on a repayable loan in accordance with
				the repayment schedule of the training agreement.
4. "Eligible employee" means a person
				employed throughout the term of the agreement in a new job position identified
				in the agreement and who is subject to state income tax withholding for the
				state of North Dakota.
5.
				"Full-time job" means a job providing thirty-two hours of work per week for a
				minimum of nine months each year.
6. "Gross payroll" means the gross wages and
				salaries for new jobs in the first full year after the date of commencement of
				the project.
7. "Preliminary
				agreement" means a written document between a business and job service North
				Dakota agreeing to pursue the development of a training project to train new
				employees.
8. "Program funds"
				means any money loaned to a business as a result of a training agreement being
				entered into under the Act.
9.
				"Reimbursable" or "project costs" means all necessary, authorized costs
				providing program services identified in the agreement.
General Authority: S.L. 1993, Ch. 493
Law Implemented: S.L. 1993, Ch. 493, § 2
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-04 - North Dakota New Jobs Training Program › Chapter 27-04-01 - North Dakota New Jobs Training Program › Section 27-04-01-02 - Project funding

Current through Supplement No. 393, July, 2024
An award to a new or expanding business for the purpose of
				  training current and new employees for new job positions must be made in the
				  form of a loan to that business by the department or a community. Funds
				  received in the form of a loan must be used to train employees hired in new job
				  positions and cover administrative costs identified in the agreement.
Job service North Dakota shall calculate the maximum loan
				  amount allowable for new job training projects. The estimated state income tax
				  withholding credit available to the project must be calculated using
				  "withholding" averages developed by the state tax commissioner based on the
				  hourly wages that are to be paid to the employees in new job positions covered
				  in the agreement and must cover principal and interest payments for the entire
				  loan repayment period. The repayment period may not exceed ten years. Reserves
				  may be included when determining the total loan amount in order to meet initial
				  interest payments until sufficient state withholding tax credits are collected
				  to make payments on both principal and interest.
Financial assistance awarded to a project must be based on
				  the actual cost of allowable services and administrative costs as identified in
				  the agreement. The interest rate to be paid and repayment schedule on a loan
				  shall be determined by the lending entity. Issuance of the proceeds of a loan
				  to a business must be made on a cost reimbursement basis after the business has
				  incurred the costs. Approval of disbursement of the loan must be made jointly
				  by job service North Dakota and the business. Funds requested must be
				  commensurate with training needs. Program funds may not be used to cash flow a
				  business.
The specific vocational preparation guide of the dictionary
				  of occupational titles must be used for determining the length of allowable
				  on-the-job training periods. When a specific job is not listed, time periods
				  must be based on the specific vocational preparation guide for similar jobs.
On-the-job training may not exceed fifty percent of the
				  individual's gross annual wages during the first full year after the date of
				  commencement of the project.
General Authority: S.L. 1993, Ch. 493
Law Implemented: S.L. 1993, Ch. 493, § 2
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-04 - North Dakota New Jobs Training Program › Chapter 27-04-01 - North Dakota New Jobs Training Program › Section 27-04-01-03 - Application fee

Current through Supplement No. 393, July, 2024
As set forth in the preliminary agreement, job service North
				  Dakota may charge each applicant an application fee to cover part or all
				  administrative and legal costs incurred prior to project funding.
If job service North Dakota elects to charge an application
				  fee, this application fee must be charged at the same or equitable basis for
				  each business that applies.
General Authority: S.L. 1993, Ch. 493
Law Implemented: S.L. 1993, Ch. 493, § 2
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-04 - North Dakota New Jobs Training Program › Chapter 27-04-01 - North Dakota New Jobs Training Program › Section 27-04-01-04 - New or expanding business threshold eligibility criteria

Current through Supplement No. 393, July, 2024
Job positions for which training is planned must be positions
				  intended by the employer to exist on an ongoing basis with no plan termination
				  date.
Training is available only to individuals who are eligible
				  employees of the business and who are subject to state income tax withholding.
Jobs that formerly existed do not qualify for new employee
				  training services under the provision of this program. A job is considered to
				  have "formerly existed" if it was part of the business's payroll within North
				  Dakota at the time of commencement of the project.
The earliest date on which program funds may be used to pay
				  training expenses incurred by the project is the date on which job service
				  North Dakota signs the preliminary agreement.
General Authority: S.L. 1993, Ch. 493
Law Implemented: S.L. 1993, Ch. 493, § 2
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-04 - North Dakota New Jobs Training Program › Chapter 27-04-01 - North Dakota New Jobs Training Program › Section 27-04-01-05 - Application process

Current through Supplement No. 393, July, 2024
Applications for training assistance must be submitted to job
				  service North Dakota on behalf of the business, jointly by the business, and by
				  the department or a community certifying that the employer has qualified for a
				  loan.
Job service North Dakota shall use an application for
				  assistance form designated for this purpose.
Information required on the application must be described in
				  the application instructions.
Applications must be submitted to:
North Dakota New Jobs Creation Program
Job Service North Dakota
Job Training Division
1000 East Divide Avenue
P.O. Box 5507
Bismarck, North Dakota 58502
Required forms and instructions are available at this
				  address.
To be funded, the employer must qualify for a loan from the
				  department of economic development and finance, North Dakota future fund, or a
				  community to cover the cost of the training identified in the project.
Job service North Dakota may approve, reject, defer, or refer
				  an application to another training program.
Job service North Dakota reserves the right to require
				  additional information, including a preaward audit or survey of the business.
Before an application is approved for funding by job service
				  North Dakota, job service North Dakota shall investigate the applicability of
				  other training programs such as those provided by the Job Training Partnership
				  Act, job opportunities and basic skills program, North Dakota board for
				  vocational and technical education, department of public instruction, and other
				  state and federal agencies. This investigation must be completed within fifteen
				  days or as soon thereafter from the date the application is received and all
				  necessary information has been provided by the employer.
General Authority: S.L. 1993, Ch. 493
Law Implemented: S.L. 1993, Ch. 493, § 2
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-04 - North Dakota New Jobs Training Program › Chapter 27-04-01 - North Dakota New Jobs Training Program › Section 27-04-01-06 - Final agreement

Current through Supplement No. 393, July, 2024
Job service North Dakota shall enter into a final agreement
				  with the business within ninety days of the commencement date of the
				  preliminary agreement. The final agreement must contain the following
				  provisions:
1. The starting date and
				ending date of the training.
2.
				The length of time each job category will be provided training.
3. The number of new job slots to be created
				and the number of new jobs to be trained.
4. A repayment schedule outlining all
				principal and interest payments to be made during the repayment period.
5. Default provisions that are
				consistent with these rules.
6. A
				provision specifying that, upon occurrence of an event of default, the business
				is ineligible for state income tax withholding credit and shall immediately
				remit payment in full to satisfy the remaining debt service.
General Authority: S.L. 1993, Ch. 493
Law Implemented: S.L. 1993, Ch. 493, § 2
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-04 - North Dakota New Jobs Training Program › Chapter 27-04-01 - North Dakota New Jobs Training Program › Section 27-04-01-07 - Notification of new jobs training projects

Current through Supplement No. 393, July, 2024
When a final agreement to participate and a new job training
				  project is entered into, job service North Dakota shall provide copies of the
				  agreement to the lending agency, state tax commissioner, local development
				  corporation, and state treasurer within ten days of the date of signing the
				  agreement. If, at any time after submitting the agreement, the estimates are
				  revised or the agreement is modified to the extent that it would affect the
				  reporting requirements, job service North Dakota shall notify the lender, state
				  tax commissioner, and state treasurer within thirty days.
General Authority: S.L. 1993, Ch. 493
Law Implemented: S.L. 1993, Ch. 493, § 2
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-04 - North Dakota New Jobs Training Program › Chapter 27-04-01 - North Dakota New Jobs Training Program › Section 27-04-01-08 - Events of default

Current through Supplement No. 393, July, 2024
An event of default exists if:
1. The business fails to train at a minimum
				the number of individuals specified in the final agreement.
2. The business fails to complete the
				training program.
3. Prior to
				project completion, the business ceases or announces the cessation of
				operations at the project site, unless such operations are transferred to
				another facility in the state of North Dakota and job service North Dakota
				receives assurances of continued repayment.
4. The business fails to act in accordance
				with the provisions of the training agreement.
5. The business directly or indirectly makes
				any false or misleading representations or warranties in the program
				application or training agreement, reports, financial statements, or any other
				documents that are provided to job service North Dakota.
6. The business fails to make required
				payments to job service North Dakota and to service providers as identified in
				the agreement.
7. The business
				becomes insolvent or bankrupt or admits in writing its inability to pay its
				debts as they mature or makes an assignment for the benefit of creditors or the
				business applies for or consents to the appointment of a trustee or receiver
				for the business or the major part of the property.
8. The business ceases or announces the
				cessation of operation at the project site prior to completion date of the term
				of the agreement, unless such operations are transferred to another facility in
				the state of North Dakota and job service North Dakota receives assurance of
				continued employment and repayment.
9. The business takes corporate action to
				affect any of the preceding conditions of default.
10. The business fails to file and pay any
				state taxes that may be required to be filed and paid to the state of North
				Dakota.
General Authority: S.L. 1993, Ch. 493
Law Implemented: S.L. 1993, Ch. 493, § 2
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-04 - North Dakota New Jobs Training Program › Chapter 27-04-01 - North Dakota New Jobs Training Program › Section 27-04-01-09 - Options and procedures on default

Current through Supplement No. 393, July, 2024
The business failing to comply with any requirements other
				  than repayment contained in the training agreement must be sent written notice
				  from job service North Dakota which specifies the issues of noncompliance and
				  must be allowed twenty days from the date the notice is sent to affect and
				  cure. If noncompliance is of such a nature that a cure cannot be reasonably
				  accomplished within twenty days, job service North Dakota may extend the period
				  of corrective action to a maximum of sixty days.
Job service North Dakota shall notify the lending
				  institution, local development corporation, state tax commissioner, and state
				  treasurer within five working days, using a designated notice of possible
				  default form, whenever job service North Dakota determines that an event of
				  default has occurred or is likely to occur.
Job service North Dakota shall document its efforts to
				  reconcile the condition responsible for the default and shall provide the
				  lender, state tax commissioner, and state treasurer with copies of all related
				  correspondence upon request.
If job service North Dakota's efforts to reconcile are
				  successful, job service North Dakota shall notify the lender, local development
				  corporation, state tax commissioner, and state treasurer in writing to continue
				  project operations. Continuation of project operations may be subject to new
				  conditions imposed by job service North Dakota as part of the reconciliation.
When job service North Dakota's efforts to reconcile are
				  unsuccessful, job service North Dakota shall provide a copy of the final
				  determination to the lending institution, local development corporation, state
				  tax commissioner, and state treasurer.
General Authority: S.L. 1993, Ch. 493
Law Implemented: S.L. 1993, Ch. 493, § 2
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-04 - North Dakota New Jobs Training Program › Chapter 27-04-01 - North Dakota New Jobs Training Program › Section 27-04-01-10 - Remedies upon default

Current through Supplement No. 393, July, 2024
The exercise of remedies upon the occurrence of any event of
				  default described above is subject to applicable limitations of federal
				  bankruptcy law.
If job service North Dakota determines that a business is in
				  default and the default has not been cured within the time period stated in the
				  contract, job service North Dakota may notify the state tax commissioner and
				  the state treasurer to withhold state income tax withholding credit payments to
				  the business without notice to the business.
No remedy conferred upon or reserved to job service North
				  Dakota, the state tax commissioner, or the state treasurer by the Act, these
				  rules, or the training agreement is intended to be exclusive of any other
				  current or future remedies existing in law or equity or by statute.
Any delay or omission by job service North Dakota to exercise
				  any right or power of the Act, these rules, or the training agreement does not
				  relinquish or diminish authority to act and does not constitute a waiver of
				  default status. Any such right or power may be exercised at any time required
				  and as often as deemed expedient.
Unless required by these rules, neither job service North
				  Dakota, the state tax commissioner, nor the state treasurer is required to
				  provide written or other notice to the business regarding any circumstances
				  related to and including a declaration of an event of default.
An event of any requirement of the Act, these rules, or the
				  training agreement relating to a default should be reached by either party and
				  then waived by the other party. Such waiver is limited to the specific breach
				  being waived and has no bearing on any subsequent breach.
General Authority: S.L. 1993, Ch. 493
Law Implemented: S.L. 1993, Ch. 493, § 2
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-01 - General Administration › Chapter 28-01-01 - Organization of Board › Section 28-01-01-01 - Organization of board of registration for professional engineers and land surveyors

Current through Supplement No. 393, July, 2024
1.
History and function.
The 1943 legislative assembly first provided for registration of professional engineers by a law codified as North Dakota Century Code chapter  43-19. The 1957 legislative assembly first provided for registration of land surveyors by a law codified as North Dakota Century Code chapter  43-24. In 1967 the legislative assembly repealed both of these chapters and replaced them with one chapter regulating professional engineers and land surveyors under the board of registration for professional engineers and land surveyors. The chapter is codified as North Dakota Century Code chapter  43-19.1. The function of the board is to regulate the practice of engineering and land surveying by registering qualified engineers and land surveyors.
2.
Executive director.
The executive director is appointed by the board and is responsible for administration of the board's activities.
3.
Inquiries.
Inquiries regarding the board may be addressed to the executive director:
North Dakota State Board of Registration for
Professional Engineers and Land Surveyors
P.O. Box 1357
Bismarck, ND 58502
General Authority: NDCC 28-32-02.1
Law Implemented: NDCC 28-32-02.1
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-01 - General Administration › Chapter 28-01-02.1 - Board Bylaws and Administration › Section 28-01-02.1-01 - Meetings

Current through Supplement No. 393, July, 2024
The board shall hold meetings at least twice each year, including at least one in January and one in July. The chairman may call special meetings when the chairman deems such meetings necessary. The executive director shall give notice as required by law. The date, time, and place of each meeting must be mutually agreed upon by a quorum of the board. All meetings of the board, whether regular meetings or special meetings, must be open public meetings.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-07
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-01 - General Administration › Chapter 28-01-02.1 - Board Bylaws and Administration › Section 28-01-02.1-02 - Rules of procedure

Current through Supplement No. 393, July, 2024
Robert's Rules of Order must govern procedure of the board except as otherwise provided by this chapter.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-07
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-01 - General Administration › Chapter 28-01-02.1 - Board Bylaws and Administration › Section 28-01-02.1-03 - Board quorum

Current through Supplement No. 393, July, 2024
A quorum of the board is required to transact business.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-07
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-01 - General Administration › Chapter 28-01-02.1 - Board Bylaws and Administration › Section 28-01-02.1-04 - Officers and board staff

Current through Supplement No. 393, July, 2024
1. The board shall
				hold an election in June or July of each year and elect a chairman, vice
				chairman, and secretary.
2. Each
				officer will be elected for one year and may be reelected.
3. The chairman:
a. Shall be the executive head of the
				board.
b. Shall preside at all
				meetings when present.
c. Shall
				call meetings of the board when the chairman deems such meetings
				necessary.
d. Shall sign all
				certificates of registration.
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-01 - General Administration › Chapter 28-01-02.1 - Board Bylaws and Administration › Section 28-01-02.1-05 - Forms - Records - Roster - Reports

Current through Supplement No. 393, July, 2024
1.
Forms.
The board shall prescribe forms for applications and other
				documents. Copies of the forms and the instructions for completing the forms
				must be made available by the board office. All applications and documents must
				be completed in accordance with the board's instructions.
2.
Records.
a. The open records law requires that most
				records, papers, and reports of the board are public in nature and may be
				obtained through the executive director or designee upon request and payment of
				costs of reproduction, handling, and mailing.
b. The board shall keep a record of all its
				proceedings, including its action on each application coming before the
				board.
c. The board shall keep a
				record of all applications received.
d. The board shall keep a record of all
				certificates issued.
e. The board
				shall keep a record of all complaints received and of any actions taken on
				those complaints.
f. All
				applications, approved or deferred, unless otherwise specified in this or other
				sections of this chapter, will be retained in accordance with North Dakota
				Century Code section 54-46-07.
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-01 - Applications › Section 28-02.1-01-01 - Applications - Kinds of applications

Current through Supplement No. 393, July, 2024
Applications may be submitted to the board for registration
				  as a:
1. Engineer intern.
2. Land surveyor intern.
3. Professional engineer.
a. Examination.
b. Endorsement.
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-01 - Applications › Section 28-02.1-01-02 - Completing applications

Current through Supplement No. 393, July, 2024
1. All data and
				information requested on the board's application forms must be furnished
				accurately and completely.
2. When
				space provided on forms is inadequate, use supplementary sheets of a good grade
				of white paper, eight and one-half by eleven inches [215.90 by 279.40
				millimeters].
3. All applications
				made to this board must be on a form prescribed and furnished by the board
				containing statements made under oath.
4. Withholding information or providing
				statements that are untrue or misrepresent the facts may be cause for deferral
				or denial of an application.
5. It
				is the responsibility of the applicant to supply correct addresses of all
				references and to be sure that the completed references forms are supplied as
				requested.
6. In relating
				experience, the applicant must account for all employment or work experience
				for the period of time that has elapsed since the beginning of the employment
				record. If not employed, or employed in other kinds of work, this should be
				indicated in the experience record. Gaps in work experience that are greater
				than ninety days must be explained.
7. In lieu of applicants supplying the
				required work experience, transcripts, verification of exams, and reference
				letters as part of the application, a record verified by the national council
				of examiners for engineers and surveyors (NCEES) may be accepted, if
				transmitted to the board within one year of application submittal.
8. Provide the name and address of the
				corporate officers and directors or the business partners.
9. Companies must list the names and
				addresses of all employees who are duly registered to practice professional
				engineering or professional land surveying in North Dakota.
10. Submitted application records become the
				property of the board.
11.
				Companies must obtain a certificate of authority from the North Dakota
				secretary of state's office prior to submitting an application for a
				certificate of commercial practice. The certificate of authority must be active
				and in good standing.
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC
					 43-19.1-12
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-01 - Applications › Section 28-02.1-01-04 - Applications from applicants with degrees from foreign schools

Current through Supplement No. 393, July, 2024
1. All foreign language documentation
				submitted with the completed application must be accompanied with translations
				certified to be accurate by a competent authority.
2. All applicants shall furnish evidence of
				experience that can be verified.
3.
				All applicants seeking registration must be prepared to write examinations that
				are administered in the English language.
4. All foreign degrees must be evaluated by
				the national council of examiners for engineers and surveyors
				(NCEES).
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC
					 43-19.1-13
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-01 - Applications › Section 28-02.1-01-05 - Disposition of applications

Current through Supplement No. 393, July, 2024
Applications may be approved; deferred for further
				  information, more experience, acceptable references, or other reasons as
				  determined by the board; or may be denied.
1.
Approved applications.
When
				an application is approved by the board showing that the applicant has met all
				the requirements for registration or certification required by the statutes of
				this state, the applicant must be granted registration or certification with
				notification by the executive director of the board.
2.
Deferred applications.
Applications deferred for any reason require proper remedy, within one year of
				deferment, as requested before further consideration by the board. These
				applications will be closed if no corrective action is taken within one year.
				The applicant will be notified in writing of the application closure.
3.
Denied applications.
Applications may be denied when in the board's judgment:
a. Reinstatement is requested after
				revocation and there is insufficient rehabilitation;
b. An application has been denied for cause
				in other jurisdictions; or
c. The
				applicant has failed to establish the applicant is of good character and
				reputation.
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-01 - Applications › Section 28-02.1-01-06 - Reconsideration of applications

Current through Supplement No. 393, July, 2024
Reconsideration may be requested of an application that has been denied or deferred when the request is based on additional information. Request must be made within one year after the decision of the board to deny or defer the original application.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-08, 43-19.1-14, 43-19.1-17
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-02 - Processing Applications › Section 28-02.1-02-01 - Processing of applications

Current through Supplement No. 393, July, 2024
1. All information
				received from references named by the applicant must be received at the board
				office. No member of the board or relative of the applicant may be named as a
				reference.
2. An applicant may not
				confer with any member of the board regarding an applicant's case while it is
				pending before the board. Any applicant may appear before the board at a
				scheduled meeting.
3. Applications
				will be submitted to the board office:
a.
				After successful completion of the fundamentals exam and principles and
				practices exam for their profession.
b. After the applicant has obtained the
				required amount of work experience.