reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-02 - Certification › Section 90-02-02-04 - Renewal application - Time limit

Current through Supplement No. 393, July, 2024
Any certification which has not been renewed prior to April
				  first following its expiration, shall no longer be renewable. If the holder
				  thereof shall again desire to become a certified water well contractor, the
				  holder shall be required to first pass the examination.
General Authority:
NDCC   28-32-02,   43-35-01,
				    43-35-10
Law Implemented:
NDCC
				    43-35-17
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-02 - Certification › Section 90-02-02-05 - Willful violation - Penalty

Current through Supplement No. 393, July, 2024
Any person who is not certified as a water well contractor,
				  pump and pitless unit installer, or monitoring well contractor who shall be
				  found by the board to be in intentional violation of this title or of the
				  applicable statutes may not be certified as a water well contractor, pump and
				  pitless unit installer, or monitoring well contractor within one year of such
				  violation as determined by the board.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-20
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-02 - Certification › Section 90-02-02-06 - Expiration of grandfather clause

Current through Supplement No. 393, July, 2024
The intent of North Dakota Century Code section   43-35-15,
				  which provides for certification of certain persons without examination, was to
				  include only persons engaged in well drilling during the year immediately
				  preceding the effective date of North Dakota Century Code chapter   43-35 who
				  made application prior to the first day of January 1972. Therefore, the board
				  will not consider any applications for certification under this section.
General Authority:
NDCC   28-32-02,   43-35-01,
				    43-35-10
Law Implemented:
NDCC
				    43-35-15
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-02 - Certification › Section 90-02-02-07 - Certification by reciprocity - How obtained

Current through Supplement No. 393, July, 2024
Any person desiring to be certified by reciprocity shall
				  submit an application on forms furnished by the secretary and shall include
				  therewith certified proof of the person's certification in the other state.
				  Upon request of the board, the applicant may be required to submit additional
				  information to assist the board in determining if the applicant's
				  qualifications are equal to those required of certified water well contractors
				  in North Dakota.
General Authority:
NDCC   28-32-02,   43-35-01,
				    43-35-10
Law Implemented:
NDCC   43-35-21
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-03 - Reporting and Investigation › Section 90-02-03-01 - Completion reports required to be filed

Current through Supplement No. 393, July, 2024
The secretary shall develop and maintain a supply of forms
				  for reporting on the completion of wells as required by North Dakota Century
				  Code section   43-35-19.
General Authority:
NDCC   28-32-02,   43-35-01,
				    43-35-10
Law Implemented:
NDCC
				    43-35-19
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-03 - Reporting and Investigation › Section 90-02-03-02 - Filing reports

Current through Supplement No. 393, July, 2024
The secretary shall maintain a systematic file of such
				  reports which shall be open to inspection during normal business hours by
				  anyone desiring to use the information contained therein.
General Authority:
NDCC   28-32-02,   43-35-01,
				    43-35-10
Law Implemented:
NDCC
				    43-35-19
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-03 - Reporting and Investigation › Section 90-02-03-03 - In charge - Definition

Current through Supplement No. 393, July, 2024
No person shall engage in water well construction, pump and
				  pitless unit installation, or monitoring well construction in this state unless
				  the certified water well contractor, pump and pitless unit installer, or
				  monitoring well contractor whose decal is on the primary equipment shall
				  actually be in charge of its operation. A person is in charge only when the
				  person has actual supervisory power over the work and makes onsite inspections
				  of the work and progress.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-19
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-03 - Reporting and Investigation › Section 90-02-03-04 - Decal required

Current through Supplement No. 393, July, 2024
Any water well equipment, pump and pitless unit equipment, or
				  monitoring well equipment operating in North Dakota must prominently display a
				  decal on the primary equipment that is under the charge of a certified water
				  well contractor, pump and pitless unit installer, or monitoring well
				  contractor. Before beginning the operation of any water well equipment, pump
				  and pitless unit equipment, or monitoring well equipment, the certified water
				  well contractor, pump and pitless unit installer, or monitoring well contractor
				  in charge shall secure from the board such a decal and cause it to be placed on
				  the primary equipment.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-19
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-04 - Action Before Board › Section 90-02-04-01 - Procedure

Current through Supplement No. 393, July, 2024
All proceedings before the board shall be conducted in
				  accordance with the procedure established by North Dakota Century Code chapter
				    28-32.
General Authority:
NDCC   28-32-02,   43-35-01,
				    43-35-10
Law Implemented:
NDCC
				    43-35-19
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-04 - Action Before Board › Section 90-02-04-02 - Hearing officer

Current through Supplement No. 393, July, 2024
In all proceedings the secretary shall request the office of
				  administrative hearings of this state to designate a hearing officer to conduct
				  the necessary hearings and proceedings. The person so designated shall be
				  appointed such hearing officer.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-20
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-04 - Action Before Board › Section 90-02-04-03 - Record

Current through Supplement No. 393, July, 2024
The board shall make a record of all hearings. Any party may
				  request a copy of the hearing record through the secretary or office of
				  administrative hearings and by paying the associated costs.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-19
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-04 - Action Before Board › Section 90-02-04-04 - Violations - Penalty

Current through Supplement No. 393, July, 2024
If the board shall find a certified water well contractor,
				  pump and pitless unit installer, or monitoring well contractor to be in
				  violation of the requirements of any section of North Dakota Century Code
				  chapter   43-35 and any rule of this board or of any rule of the state department
				  of health for water well construction and pitless unit installation or
				  monitoring well construction, it shall order a suspension of the contractor's
				  certification for a period of up to six months or a fine of up to five hundred
				  dollars, or both. If the violation is a second offense, the board shall make a
				  formal request to the state's attorney of the county in which the incident
				  occurred to bring charges under North Dakota Century Code section   43-35-22.
				  Upon determination that a third offense has been committed, the board shall
				  revoke the certification and vigorously prosecute under all legal sanctions
				  available.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-20, 43-35-22
North Dakota Administrative Code › Title 91 - Wheat Commission › Article 91-01 - General Administration › Chapter 91-01-01 - Organization of Commission › Section 91-01-01-01 - Organization of the state wheat commission

Current through Supplement No. 393, July, 2024
1.
History
. The 1959 legislative assembly
				  established the state wheat commission by legislation codified as North Dakota
				  Century Code chapter   4-28. The state wheat commission was established for the
				  purpose and with the objective of stabilizing and improving the agriculture
				  economy of the state, it being the intent and purpose of the commission to
				  promote, aid, and develop the orderly marketing and processing of North Dakota
				  wheat.
2.
Commission members
. The commission consists
				  of seven members. One member shall be elected from each of the six commission
				  districts. Each member is a bona fide resident of and a qualified elector in
				  the district the member represents, has farming operations in the district, and
				  is engaged in wheat production and has derived a substantial portion of income
				  therefrom for at least five years next proceeding election. One member of the
				  commission is appointed at large by the governor from a list of three names
				  submitted by a nominating committee. The member at large has the same
				  qualifications except as limited by district lines. Each member holds office
				  for four years.
3.
Election procedure
. At least sixty days prior
				  to the expiration of the term of office of a commissioner representing any
				  district, an election is held in each county of that district. The county agent
				  publishes an official notice in official county newspapers two successive weeks
				  prior to the meeting. The meeting is called to order by the county agent. A
				  meeting is called by the state extension director of those elected county
				  representatives to elect one of themselves as district commission member. The
				  county agent, in cooperation with the cooperative extension service, shall
				  conduct the election in the manner the county agent deems fair and reasonable.
4.
Commission employees
. The commission
				  appoints, employs, bonds, discharges, fixes the compensation, and prescribes
				  the duties of an administrator and other clerical or professional staff the
				  commission may deem necessary to conduct the business and affairs of the
				  commission.
5.
Inquiries
. Inquiries regarding the commission
				  may be addressed to the administrator.
Mr. Melvin G. Maier, Administrator
North Dakota Wheat Commission
4023 North State Street
Bismarck, North Dakota 58501
General Authority: NDCC 28-32-02.1
Law Implemented: NDCC 28-32-02.1
North Dakota Administrative Code › Title 91 - Wheat Commission › Article 91-01 - General Administration › Chapter 91-01-02 - Commission Meetings and Expenses › Section 91-01-02-01 - Officers of the commission

Current through Supplement No. 393, July, 2024
The commission shall have two officers. The commission shall
				  elect from its membership a chairman and vice chairman who shall hold office
				  for one year and may be reelected. They shall hold office until their
				  successors are elected and have qualified. The election shall be at the first
				  regular meeting of the commission following July first.
General Authority:
NDCC   4-28-06
Law Implemented:
NDCC
				    4-28-05
North Dakota Administrative Code › Title 91 - Wheat Commission › Article 91-01 - General Administration › Chapter 91-01-02 - Commission Meetings and Expenses › Section 91-01-02-02 - Meetings

Current through Supplement No. 393, July, 2024
The commission shall meet at least once every calendar
				  quarter at such times and places as shall be determined by the commission and
				  may meet in special meetings upon such call and notice as may be prescribed by
				  rules adopted by the commission.
General Authority:
NDCC   4-28-06
Law Implemented:
NDCC
				    4-28-05
North Dakota Administrative Code › Title 91 - Wheat Commission › Article 91-01 - General Administration › Chapter 91-01-02 - Commission Meetings and Expenses › Section 91-01-02-03 - Expenses and per diem

Current through Supplement No. 393, July, 2024
Members of the commission shall be reimbursed for actual
				  expenses necessarily incurred in attending meetings and performing other
				  official duties on the same basis as other state officers. In addition, they
				  are entitled to receive the same per diem compensation as provided in section
				    54-35-10 for members of the legislative council for each day actually devoted
				  to official commission business.
General Authority: NDCC 4-28-06
Law Implemented: NDCC 4-28-05
North Dakota Administrative Code › Title 91 - Wheat Commission › Article 91-01 - General Administration › Chapter 91-01-02 - Commission Meetings and Expenses › Section 91-01-02-04 - Legal counsel

Current through Supplement No. 393, July, 2024
The attorney general shall act as legal adviser to the
				  commission or designate an assistant for that purpose. The commission may
				  employ other counsel to advise and represent the commission in its affairs and
				  proceedings.
General Authority:
NDCC   4-28-06
Law Implemented:
NDCC
				    4-28-05
North Dakota Administrative Code › Title 91 - Wheat Commission › Article 91-01 - General Administration › Chapter 91-01-02 - Commission Meetings and Expenses › Section 91-01-02-05 - Appropriation of funds

Current through Supplement No. 393, July, 2024
The commission shall receive a biennial appropriation from
				  the legislative assembly. This appropriation shall be based on what the
				  commission deems necessary to conduct the affairs of the commission. No funds
				  shall revert at the expiration of any biennium.
General Authority:
NDCC   4-28-06
Law Implemented:
NDCC
				    4-28-08
North Dakota Administrative Code › Title 91 - Wheat Commission › Article 91-01 - General Administration › Chapter 91-01-02 - Commission Meetings and Expenses › Section 91-01-02-06 - Expenditure of funds

Current through Supplement No. 393, July, 2024
The commission may make expenditures of its funds or
				  appropriation through vouchers approved by the commission to carry out its
				  intent. The commission follows state government procedure for vouchering costs
				  incurred.
General Authority:
NDCC   4-28-06
Law Implemented:
NDCC   4-28-08
North Dakota Administrative Code › Title 91 - Wheat Commission › Article 91-02 - Wheat Tax Levy › Chapter 91-02-01 - Wheat Tax Levy › Section 91-02-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this article are defined as
				  follows:
1. "Commercial channels" means the sale of wheat for any use
				  when sold by a producer to a buyer or processor or a firm, person, or
				  association who resells or further process the wheat.
2. "Final settlement" means the date the wheat upon which a
				  loan was obtained is sold to the elevator, a private person, or assigned or
				  transferred to an agency of the United States government. In the case of
				  deferred payments, the date of payment is final settlement.
3. "First purchaser" means any person, firm, or organization
				  buying, accepting for sale, or acquiring for sale after harvest wheat and
				  includes any person or firm having a claim against the producer for a loan
				  pledge, mortgage, or lien.
4. "Producer" means any landowner or tenant engaged in
				  growing wheat and receiving, in such capacity, any portion of the crop
				  produced.
5. "Sale" includes any pledge or mortgage of wheat, after
				  harvest, to any person, firm, corporation, association, or partnership.
6. "Wheat" includes all varieties of hard red spring, durum,
				  or winter wheat grown in North Dakota.
General Authority:
NDCC   4-28-06
Law Implemented:
NDCC   4-28-02
North Dakota Administrative Code › Title 91 - Wheat Commission › Article 91-02 - Wheat Tax Levy › Chapter 91-02-01 - Wheat Tax Levy › Section 91-02-01-02 - Wheat tax levy

Current through Supplement No. 393, July, 2024
There shall be a levy of five mills per bushel [35.24 liters]
				  by weight upon all wheat grown in the state and sold through commercial
				  channels by a producer to a first purchaser. The tax will be levied at the time
				  of sale and deducted from the price paid. In the case of a lien, pledge, or
				  mortgage, the tax shall be deducted from the proceeds of loan or claim secured.
				  This levy is subject to adjustment at the time of settlement if the bushel
				  amount was not accurately determined at disbursement.
General Authority: NDCC 4-28-06
Law Implemented: NDCC 4-28-07
North Dakota Administrative Code › Title 91 - Wheat Commission › Article 91-02 - Wheat Tax Levy › Chapter 91-02-01 - Wheat Tax Levy › Section 91-02-01-03 - Record of transaction

Current through Supplement No. 393, July, 2024
At time of sale, the purchaser shall issue to the producer a
				  record of the transaction (check stub, loan paper, deferred payment contract,
				  or other form as the commission may prescribe).
General Authority:
NDCC   4-28-06
Law Implemented:
NDCC
				    4-28-07
North Dakota Administrative Code › Title 91 - Wheat Commission › Article 91-02 - Wheat Tax Levy › Chapter 91-02-01 - Wheat Tax Levy › Section 91-02-01-04 - Refund provision

Current through Supplement No. 393, July, 2024
A producer subject to the deduction may, within sixty days
				  following such deduction or final settlement, apply to the wheat commission for
				  refund of these moneys. The producer shall make a personal request for a refund
				  application blank. Upon return of the signed application accompanied by
				  evidence of deduction, the producer shall be refunded the qualified amount. If
				  for any reason the producer paid the deduction more than once on the same
				  wheat, the producer shall be entitled to a refund of the overpayment.
General Authority:
NDCC   4-28-06
Law Implemented:
NDCC
				    4-28-07
North Dakota Administrative Code › Title 91 - Wheat Commission › Article 91-02 - Wheat Tax Levy › Chapter 91-02-01 - Wheat Tax Levy › Section 91-02-01-05 - Producer information

Current through Supplement No. 393, July, 2024
The commission shall disseminate information about the
				  commission relating to the purpose of the wheat tax and how it is devoted to
				  market development efforts. The commission shall also inform producers how
				  refunds may be claimed.
General Authority:
NDCC   4-28-06
Law Implemented:
NDCC
				    4-28-07
North Dakota Administrative Code › Title 91 - Wheat Commission › Article 91-02 - Wheat Tax Levy › Chapter 91-02-01 - Wheat Tax Levy › Section 91-02-01-06 - Wheat fee remittance

Current through Supplement No. 393, July, 2024
A first purchaser shall make quarterly wheat tax (collection)
				  reports and remittance to the commission before the twentieth of the month of
				  the next quarter on such forms as the commission may prescribe. The commission
				  shall make daily deposits of remittance in the Bank of North Dakota in the
				  wheat commission revolving account.
General Authority:
NDCC   4-28-06
Law Implemented:
NDCC   4-28-07
North Dakota Administrative Code › Title 91 - Wheat Commission › Article 91-02 - Wheat Tax Levy › Chapter 91-02-01 - Wheat Tax Levy › Section 91-02-01-07 - State wheat commission fund

Current through Supplement No. 393, July, 2024
Those funds so deposited according to section 91-02-01-06
				  shall be transferred monthly according to North Dakota Century Code section
				    54-06-08 into the state treasury and deposited in the state wheat commission
				  fund. Refunds granted according to section 91-02-01-04 shall be issued by check
				  from the revolving account.
General Authority:
NDCC   4-28-06
Law Implemented:
NDCC
				    4-28-08
North Dakota Administrative Code › Title 91 - Wheat Commission › Article 91-02 - Wheat Tax Levy › Chapter 91-02-01 - Wheat Tax Levy › Section 91-02-01-08 - Penalty

Current through Supplement No. 393, July, 2024
Any person violating any of the provisions of this chapter
				  shall be guilty of a class B misdemeanor.
General Authority:
NDCC   4-28-06
Law Implemented:
NDCC   4-28-09
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-01 - Organization of Workforce Safety and Insurance › Section 92-01-01-01 - Organization and functions of workforce safety and insurance

Current through Supplement No. 393, July, 2024
1.
History.
The Workmen's Compensation Act was passed in 1919 and is codified as
				North Dakota Century Code title 65. The workers' compensation fund is an
				exclusive state fund which contracts with employers in this state to provide
				"no fault" insurance for workers injured in the course of employment.
2.
Workforce safety and
				insurance functions.
The director and the director's staff in the
				executive office are responsible for the traditional management functions of
				planning, programming, budgeting, staffing, evaluating, and reviewing. Some
				aspects of each of these functions are delegated to division chiefs and other
				department directors.
3.
Inquiries.
Inquiries regarding functions of workforce safety and
				insurance may be directed to the director, or to the respective department.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 28-32-02
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Act" means the North Dakota Workers' Compensation Act.
2. "Organization" means workforce safety and insurance.
General Authority: NDCC 65-02-08
Law Implemented: NDCC
					 65-02-08
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-02.1 - Temporary partial disability benefits

Current through Supplement No. 393, July, 2024
If, after a compensable injury, an injured employee cannot
				  return to full-time employment, or returns to work at a wage less than that
				  earned at the time of the injured employee's first or recurrent disability, the
				  injured employee is eligible for a temporary partial disability benefit.
				  Pursuant to North Dakota Century Code section 65-05-10, the temporary partial
				  disability rate is to be fixed by the organization.
1. Should the injured employee's postinjury
				earnings equal or exceed ninety percent of the injured employee's earnings at
				the time of the first or recurrent disability, no benefits will be
				paid.
2. An injured employee may
				earn up to ten percent of the injured employee's average weekly wage without
				the organization reducing temporary total disability benefits; however, all
				postinjury wages, from any source, must be reported to the organization to
				determine whether a reduction is required.
3. If an injured employee is receiving
				temporary partial disability benefits under North Dakota Century Code section
				65-05-10, the injured employee shall submit documentation of paystubs or income
				earned every pay period. If the organization does not receive this
				documentation, the organization may not pay temporary partial disability
				benefits. If the organization does not receive this documentation for a period
				in excess of ninety days, the organization shall discontinue temporary partial
				disability benefits.
General Authority:
NDCC 65-02-08,
					 65-05-10
Law Implemented:
NDCC 65-02-08,
					 65-05-0
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-02.3 - First report of injury

Current through Supplement No. 393, July, 2024
1. An
				employer's notice of injury filed with the organization pursuant to North
				Dakota Century Code section 65-05-01.4 must be the first report of injury form
				or any other written submission which clearly contains at least the following
				information:
a. The injured employee's name
				and address.
b. The injured
				employee's social security number.
c. The employer's name and address.
d. The employer's workers' compensation
				account number.
e. A description of
				the nature of the injury.
f. The
				location where the injury occurred.
g. A description of how the injury
				occurred.
h. A description of the
				type of work done by the injured employee.
i. The name and address of the injured
				employee's health care provider, if known.
j. The names and addresses of any witnesses
				to the injury, if known.
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-02.4 - Treating health care provider's opinion

Current through Supplement No. 393, July, 2024
When making findings of fact and conclusions of law in
				  connection with an adjudicative proceeding, a hearing officer must affirm the
				  organization's determination whether to give a treating health care provider's
				  opinion controlling weight under North Dakota Century Code section 65-05-08.3
				  if a reasoning mind reasonably could have decided that the organization's
				  determination was supported by the greater weight of the evidence from the
				  entire record.
General Authority:
NDCC 65-02-08
Law Implemented:
NDCC
					 65-05-08.1
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-02.5 - Contributing cause of mental or psychological condition defined

Current through Supplement No. 393, July, 2024
As used in subparagraph 6 of subdivision a of subsection 11
				  of North Dakota Century Code section 65-01-02:
1. "A mental or psychological condition" must
				be directly caused by a physical injury. To be directly caused it must be shown
				with objective medical evidence that the mental or psychological condition is
				the physiological product of the physical injury.
2. "Other contributing causes" include
				emotional circumstances that generally accompany work-related injuries, such as
				the loss of function, loss of self-esteem, loss of financial independence,
				divorce, loss of career or employment position, disruption to lifestyle or
				family units, anxiousness, uncertainty, or compromised ability to participate
				in lifestyles, hobbies, or pastimes.
General Authority:
NDCC 65-02-08
Law Implemented:
NDCC
					 65-01-02
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-02.6 - Verification of disability

Current through Supplement No. 393, July, 2024
If an injured employee's disability benefits are discontinued
				  under subsection 6 of North Dakota Century Code section 65-05-08.1, and
				  verification of disability is not received within one hundred twenty days from
				  the date disability benefits are discontinued, the organization may not pay any
				  further disability or vocational rehabilitation benefits, unless the injured
				  employee meets the requirements of a reapplication as found in North Dakota
				  Century Code section 65-05-08.
General Authority:
NDCC 65-02-08
Law Implemented:
NDCC
					 65-05-08.1
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-11 - Attorneys

Current through Supplement No. 393, July, 2024
Any party has a right to be represented by an attorney at any
				  stage in the proceedings regarding a claim. An attorney who represents an
				  injured employee in a proceeding regarding a claim shall file a notice of legal
				  representation signed by the injured employee prior to or together with the
				  attorney's first communication with the organization. The notice of legal
				  representation remains in effect for five years from the date it is signed by
				  the injured employee or until revoked by the injured employee, whichever occurs
				  first.
General Authority:
NDCC 65-02-08,
					 65-10-03
Law Implemented:
NDCC 65-02-08,
					 65-10-03
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-11.2 - Attorney time statements

Current through Supplement No. 393, July, 2024
An attorney representing a claimant shall submit to the
				  organization, at least once a month, a statement of the time spent representing
				  that claimant during that month. The statement must include the name and claim
				  number of the claimant represented, the type of work performed, which attorney
				  or legal assistant performed the work, and the dates each service was
				  performed. The organization may not pay fees which were not included on a
				  monthly statement submitted as required by this section.
General Authority: NDCC 65-02-08
Law Implemented: NDCC
					 65-02-08
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-12 - Mileage and per diem for travel to and from medical treatment

Current through Supplement No. 393, July, 2024
Workforce safety and insurance recognizes payment for travel
				  and lodging to and from medical treatment if reasonable and necessary. These
				  expenses will be paid according to North Dakota Century Code section 65-05-28.
				  The number of miles actually traveled is rebuttably presumed to be the least
				  number of miles listed by Google Maps between the start and end points of
				  travel.
General Authority:
NDCC 65-02-08
Law Implemented:
NDCC 65-02-08,
					 65-05-28
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-13 - Merger, exchange, or transfer of business

Current through Supplement No. 393, July, 2024
1.
Definitions.
In this section:
a. "Business entity" means any form of
				business organization, including proprietorships, partnerships, limited
				partnerships, cooperatives, limited liability companies, and corporations.
b. "Constituent business" means a
				business entity of which a surviving entity is composed.
c. "Surviving entity" means the business
				entity resulting from a merger, exchange, or transfer of business assets from
				one or more constituent businesses.
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-13.1 - General contractors

Current through Supplement No. 393, July, 2024
For purposes of application of North Dakota Century Code
				  section 65-04-26.2, the relationship between a general contractor and
				  subcontractor may be identified by the organization in any
				  industry.
General Authority:
NDCC 65-02-08,
					 65-04-26.2
Law Implemented:
NDCC
					 65-04-26.2
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-14 - Procedure for penalizing employers accounts for failure to pay premium or failure to submit payroll reports

Current through Supplement No. 393, July, 2024
1. The organization
				shall bill each employer for premiums as provided by North Dakota Century Code
				chapter 65-04. If an employer has an open account with the organization, the
				organization may send to the employer a payroll report on which the employer
				shall submit payroll expenditures for the preceding payroll reporting period.
				The employer shall provide on the payroll report all information requested by
				the organization, including the name, social security number, rate
				classification, and gross payroll for each employee. The employer shall submit
				an electronic report of payroll information in a format approved by the
				organization. The report must be received by the organization by the last day
				of the month following the expiration date of the employer's payroll reporting
				period. The organization shall consider an unsigned or incomplete submission a
				failure or refusal to furnish the report.
2. The organization shall send the first
				billing statement to the employer by regular mail to the employer's last-known
				address or by electronic transmission. The first billing statement must
				identify the amount due from the employer. The statement must explain the
				installment payment option. The payment due date for an employer's account is
				thirty days from the date of billing indicated on the billing statement. If a
				previous delinquency exists on the employer account, the billing statement
				indicates a past-due status.
3. If
				the organization does not receive full payment or the minimum installment
				payment indicated on the billing statement, on or before the payment due date,
				the organization shall send a second billing statement.
4. If the minimum installment payment remains
				unpaid thirty days after the organization sends the second billing statement to
				the employer, the organization shall notify the employer by regular mail to the
				employer's last-known address or by electronic transmission that:
a. The employer is in default and may be
				assessed a penalty of two hundred fifty dollars plus two percent of the amount
				of premium, penalties, and interest in default;
b. The employer's account has been referred
				to the collections unit of the policyholder services department; and
c. Workforce safety and insurance may cancel
				the employer's account.
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-15 - Altering payroll reporting periods for employers

Current through Supplement No. 393, July, 2024
The organization may alter an employer's payroll reporting
				  period to conform with regular quarter endings (March thirty-first, June
				  thirtieth, September thirtieth, December thirty-first) in cases where an
				  employer's payroll reporting period would not normally coincide with a
				  quarter's end.
General Authority: NDCC 65-02-08, 65-04-33
Law Implemented: NDCC
					 65-04-33
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-16 - Expiration date change

Current through Supplement No. 393, July, 2024
The organization may change the expiration date on the
				  employer's account. The organization shall calculate premium based on actual
				  taxable payroll for each employee up to the statutory payroll cap, prorated for
				  the actual number of days in the adjusted payroll period.
General Authority: NDCC 65-02-08
Law Implemented: NDCC
					 65-04-01
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-17 - Reporting payroll for period of noncompliance

Current through Supplement No. 393, July, 2024
If the noncompliance period of a new account is less than
				  twelve months, the organization must prorate the payroll based on one-twelfth
				  of the statutory payroll cap per employee, per month, for the period of time
				  involved. If the payroll is less than one-twelfth of the statutory payroll cap
				  per employee, per month, the full month is reportable. An account in
				  noncompliance is uninsured until a completed application for workers'
				  compensation insurance coverage is received by the organization and the premium
				  is paid.
General Authority:
NDCC 65-02-08
Law Implemented:
NDCC
					 65-09-01
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-18 - Experience rating system

Current through Supplement No. 393, July, 2024
The following system is established for the experience rating
				  of risks of employers contributing to the fund:
1. Definitions. In this section, unless the
				context otherwise requires:
a. "Three-year
				losses" means the total sum of ratable losses accrued on claims occurring
				during the first three of the four years immediately preceding the premium year
				being rated.
b. "Three-year
				payroll" means the total sum of limited payroll reported for the first three of
				the four years immediately preceding the premium year being rated.
c. "Three-year premium" means the total sum
				of earned premium for the first three of the four years immediately preceding
				the premium year being rated.
d.
				"Manual premium" means the actual premium, prior to any experience rating, for
				the premium year immediately preceding the premium year being rated for claims
				experience.
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-18.1 - Application of discount to experience rate for employers establishing operations in this state

Current through Supplement No. 393, July, 2024
If an employer who is beginning operations in this state can
				  prove that for similar operations in another jurisdiction the employer received
				  an experience-rate-based discount on workers' compensation premiums in that
				  jurisdiction, the organization may discount that employer's premium in this
				  state. The employer must be setting up a permanent operation and the discount
				  must be part of an economic development package. The discount will be applied
				  after one year. Premium discounts for the employer's second through fourth
				  years of operation in this state will be retrospectively based on the
				  employer's most recent out-of-state experience rate. Premiums for the
				  employer's fifth year of operation in this state will be based on the
				  applicable experience rating programs in this state. The out-of-state employer
				  discount may not exceed the maximum allowable discount under the organization's
				  experience rating plans. An employer who self-insured in another jurisdiction
				  is not eligible for the discount.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-04-01,
					 65-04-17
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-19 - Employer relief after third-party recovery

Current through Supplement No. 393, July, 2024
Upon third-party recovery pursuant to North Dakota Century
				  Code section 65-01-09 in claims which have been accepted by the organization
				  and when the employer's experience rating has been affected, relief will be
				  given to the employer from the date of injury to the balance of the experience
				  rating period. Relief will be given to the extent of the actual net recovery
				  made by or on behalf of the organization, after deduction from the gross
				  recovery of the costs and attorney fees allowable under North Dakota Century
				  Code section 65-01-09.
"Relief will be given" indicates that the amount of money
				  recovered by the organization in a third-party action will be deducted from the
				  amount charged against the employer's experience rating. This may result in a
				  decreased premium for policy periods impacted by the revised experience rates.
				  An account that has been canceled is not entitled to relief under this
				  section.
Relief will also be given to the extent of the employer
				  reimbursement paid by the employer pursuant to North Dakota Century Code
				  section 65-04-04.4, provided that the net recovery made by or on behalf of the
				  organization is equal to or exceeds the total chargeable expenditures made by
				  the organization on the claim plus the reimbursement made by the employer. An
				  employer who has not timely paid reimbursement under North Dakota Century Code
				  section 65-04-04.4 forfeits any right to relief for that reimbursement.
General Authority:
NDCC 65-02-08
Law Implemented:
NDCC 65-01-09, 65-04-04.3,
					 65-04-04.4, 65-04-17
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-20 - Classification of employments - Premium rates

Current through Supplement No. 393, July, 2024
Classifications and premium rates must be those
				  classifications contained in the documents entitled "Classification Manual" and
				  "Workforce Safety and Insurance Rates". When classifying employment or
				  assigning a premium rate, the organization must use the edition of the manuals
				  in effect during the policy period in which the premium is incurred. Rate
				  classifications are assigned by the organization. Rate classifications of any
				  employer may be modified by the organization at any time. Premium rates must be
				  adjusted annually as recommended by the organization's actuaries based upon the
				  criteria found in North Dakota Century Code section 65-04-01.
General Authority:
NDCC 65-02-08,
					 65-04-01
Law Implemented:
NDCC
					 65-04-01
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-22 - Out-of-state injuries

Current through Supplement No. 393, July, 2024
An employee may be deemed to regularly work at or from an
				  employment principally localized in this state as defined in North Dakota
				  Century Code sections 65-08-01 and 65-08.1-01 if the employee's out-of-state
				  injury is sustained under circumstances in which the employee has worked
				  outside this state for a period of not more than thirty consecutive calendar
				  days.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-08.1-02,
					 65-08.1-05
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-22.1 - Out-of-country injuries

Current through Supplement No. 393, July, 2024
The organization may, at its sole discretion, extend workers'
				  compensation coverage by written agreement to North Dakota employers for their
				  employees hired in North Dakota and working outside the United States for a
				  limited period of time, provided the workers' compensation system of the
				  foreign country is not applicable to the employer and the employer provides
				  sufficient documentation in advance of the foreign exposure of its inability to
				  obtain any coverage in the private insurance market.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-08-01
					 (1)(d)
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-22.2 - Out-of-state coverage for law enforcement training

Current through Supplement No. 393, July, 2024
The organization may, at its sole discretion, extend workers'
				  compensation coverage by written agreement to North Dakota employers for their
				  employees engaged in law enforcement training outside the state for a limited
				  period of time, provided the North Dakota employer provides documentation that
				  the workers' compensation system of that state is not applicable to the
				  employer.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-08-01 (1)(a),
					 65-02-13.1
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-23 - Interest rate - Installment payment of premiums

Current through Supplement No. 393, July, 2024
1. On March thirty-first of each year, the
				organization shall establish the interest rate to be charged to accounts with
				policy periods renewing between July first and June thirtieth of the following
				year, which elect to pay premium by installments. For the purposes of North
				Dakota Century Code sections 65-04-20 and 65-04-33, the interest rate is the
				base rate posted by the Bank of North Dakota plus two and one-half percent. The
				interest rate may not be lower than six percent.
2. Premium subject to installments is limited
				to the premium for the advance premium only. Prior period premium deficiencies
				must be paid in full within the original premium due date. All payments made by
				an employer are applied to the oldest balance first. The organization may apply
				alternative installment options.
3. Default of any installment payment causes
				the entire premium balance to be due immediately.
General Authority:
NDCC 65-02-08,
					 65-04-20
Law Implemented:
NDCC 65-04-20,
					 65-04-24
North Dakota Administrative Code › Title 92 - Workforce Safety and Insurance › Article 92-01 - General Administration › Chapter 92-01-02 - Rules of Procedure - North Dakota Workers' Compensation Act › Section 92-01-02-23.1 - Payment by credit card

Current through Supplement No. 393, July, 2024
The organization, in its sole discretion, may accept payment
				  by credit card for premiums, assessments, penalties, interest, reimbursements,
				  or any other payment that is due the organization.
General Authority:
NDCC 65-02-08
Law Implemented:
NDCC
					 54-06-08.2