reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-02 - Unemployment Insurance Contributions › Chapter 27-02-07 - Payment of Contributions › Section 27-02-07-09 - Holiday due dates

Current through Supplement No. 393, July, 2024
When the regular payment day for any contribution falls on
				  Sunday or a legal holiday, such contribution shall be due and payable on the
				  first regular business day next following.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-01-01(9),
				   52-04-01,
				   52-04-11,
				   52-04-18(1),
				   52-04-19(1),
				   52-04-19.1(1),
				   52-04-19.1(2),
				   52-05-01,
				   52-05-02,
				   52-05-03
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-02 - Unemployment Insurance Contributions › Chapter 27-02-07 - Payment of Contributions › Section 27-02-07-10 - Payment by mail

Current through Supplement No. 393, July, 2024
Payment of contributions received through the mail shall be
				  deemed to have been made and received on the date shown by the postmark.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-01-01(9),
				   52-04-01,
				   52-04-11,
				   52-04-18(1),
				   52-04-19(1),
				   52-04-19.1(1),
				   52-04-19.1(2),
				   52-05-01,
				   52-05-02,
				   52-05-03
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-02 - Unemployment Insurance Contributions › Chapter 27-02-08 - Tentative Wage and Contribution Reports › Section 27-02-08-01 - Application for time extension

Current through Supplement No. 393, July, 2024
1. An employer
				desiring an extension of time for the filing of wage and contribution reports
				must make written application for an extension of time to the unemployment
				compensation division prior to the due date of any such wage and contribution
				report. The application must include reason for the request.
2. In the discretion of the director of the
				unemployment compensation division of the bureau, an extension of time not to
				exceed thirty days from the due date of the return may be granted. The
				application shall be approved in writing, and a copy of such written approval
				shall be attached to a tentative return to be submitted not later than the due
				date of the quarterly wage and contribution report.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-01-02,
				   52-04-01
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-02 - Unemployment Insurance Contributions › Chapter 27-02-08 - Tentative Wage and Contribution Reports › Section 27-02-08-02 - Filing of tentative wage and contribution report

Current through Supplement No. 393, July, 2024
1.
				The employer will tender with such tentative return an estimated amount of the
				contributions due and payable for the calendar quarter for which such tentative
				return is filed.
2. The employer
				will submit within the period of extension an accurate return reflecting the
				payments of wages to all workers employed during the calendar quarter for which
				the tentative return was originally filed and will accurately compute the
				contributions due and payable on the basis of the taxable wage payments
				actually made during the calendar quarter covered by such tentative return.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-01-02,
				   52-04-01
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-02 - Unemployment Insurance Contributions › Chapter 27-02-08 - Tentative Wage and Contribution Reports › Section 27-02-08-03 - Overpayments and deficiencies in amount due

Current through Supplement No. 393, July, 2024
1. Credit
				memoranda will be issued for all overpayments and such overpayments are subject
				to refund upon application by the employer and may be refunded in the
				discretion of the North Dakota unemployment compensation division without
				formal application for refund by the employer.
2. All deficiencies in the amount due for
				contributions shall be subject to interest as provided for by North Dakota
				Century Code section
				 52-04-11 and no employer's account
				shall be credited for ratemaking purposes, excepting as of date of actual
				receipt of contributions due and payable.
3. Nothing contained in this chapter shall be
				construed to give employers the right to use overpayments as advance payments
				to effect a reduction in experience rating not otherwise contemplated by the
				North Dakota Unemployment Compensation Act, or to waive any of the requirements
				of the North Dakota Unemployment Compensation Law.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-01-02,
				   52-04-14
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-02 - Unemployment Insurance Contributions › Chapter 27-02-09 - Computation of Contribution Rate After Transfer › Section 27-02-09-01 - Application for merger of accounts

Current through Supplement No. 393, July, 2024
An employing unit which is the successor to substantially all
				  of the organization, trade, business, or the assets of a predecessor employing
				  unit shall be supplied with an appropriate application form in order that it
				  may request to be substituted to the position and all the rights of such
				  predecessor with respect to such predecessor's experience rating account, as
				  provided in North Dakota Century Code section
				   52-04-08. Such application shall
				  specify the portion of the organization, trade, business, or assets of the
				  predecessor employing unit, which has been transferred to the successor
				  employing unit.
Unless such application is filed with the bureau within sixty
				  days after delivery of the application or if such application is mailed, within
				  sixty days after the date of mailing the application to the acquiring employer,
				  or on or before January thirty-first of the year next following the calendar
				  year in which the transfer of the organization, trade, business, or assets of
				  the predecessor employing unit to the successor took place, whichever date is
				  the earlier, the acquiring employer shall be deemed to have forfeited the
				  acquiring employer's rights to the predecessor's experience.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-04-08
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-02 - Unemployment Insurance Contributions › Chapter 27-02-09 - Computation of Contribution Rate After Transfer › Section 27-02-09-02 - Merger of accounts on order of the bureau

Current through Supplement No. 393, July, 2024
When it comes to the attention of the bureau that an
				  acquiring employer is successor to substantially all of the organization,
				  trade, business or assets of a predecessor employing unit and has not made
				  application for transfer, and it is deemed advisable to recompute the rate of
				  contribution of the acquiring employer based on the combined experience of such
				  an acquiring employer and predecessor employing unit in order to establish an
				  equitable contribution rate for the remainder of the rate period, such
				  recomputation shall be made.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-04-08
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-02 - Unemployment Insurance Contributions › Chapter 27-02-09 - Computation of Contribution Rate After Transfer › Section 27-02-09-03 - Method of computation for merged accounts

Current through Supplement No. 393, July, 2024
In the event an application for transfer is approved by the
				  bureau, or upon order of the bureau, the contribution rate of the acquiring
				  employer for the period beginning with the date of transfer and ending with the
				  next following effective date of contribution rates allowed under the North
				  Dakota Unemployment Compensation Law shall be:
1. The contribution rate applicable to the
				transferring employer with respect to the period immediately preceding the date
				of the transfer provided the acquiring employer was not, prior to the transfer,
				a subject employer, and only one transferring employer, or only transferring
				employers having identical rates, are involved; or
2. A newly computed rate, based on the
				combined experience of the transferring employer and acquiring employer as of
				the regular computation date for the rate period in which the transfer occurs;
				or
3. The contribution rate
				applicable to the acquiring employer immediately preceding the date of the
				transfer; or
4. The rate of
				contribution for newly subject employers.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-04-08
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-02 - Unemployment Insurance Contributions › Chapter 27-02-09 - Computation of Contribution Rate After Transfer › Section 27-02-09-04 - Contribution rate determination on next regular computation date

Current through Supplement No. 393, July, 2024
On the next regular computation date following the transfer,
				  the employer's rate will be based on the combined computation for the accounts
				  set up as a single merged account.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-04-08
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-02 - Unemployment Insurance Contributions › Chapter 27-02-10 - Administrative Hearing Upon Application for Review and Redetermination of Rates of Contribution › Section 27-02-10-01 - Appointment of special deputy

Current through Supplement No. 393, July, 2024
The bureau may in connection with all hearings provided for
				  under the terms of this chapter, appoint a special deputy, who shall be
				  attached to the staff of the unemployment compensation division of the bureau
				  in a full-time capacity and who shall by virtue of the appointment have the
				  power and authority to do all things hereinafter stated to be done by the
				  bureau by the terms of this chapter. This appointment shall be in writing and
				  shall be in effect until revoked by further instrument in writing by the
				  executive director of the bureau. The deputy shall have full authority to hold
				  hearings, render decisions and findings of fact, and do all other
				  administrative acts which by the terms of this chapter are provided to be done
				  by the bureau. This special deputy shall be a person attached to the
				  unemployment compensation division, and nothing herein shall be construed to
				  provide for the appointment of additional persons to the staff of said
				  division. The appointment shall not preclude the bureau from conducting such
				  hearings or doing any other act herein provided for in connection with any case
				  which the bureau shall order to be transferred from the special deputy.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-04-10
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-02 - Unemployment Insurance Contributions › Chapter 27-02-10 - Administrative Hearing Upon Application for Review and Redetermination of Rates of Contribution › Section 27-02-10-02 - Presentation of application for review and redetermination

Current through Supplement No. 393, July, 2024
1.
				An employer applying for review and redetermination of the employer's rate of
				contributions shall file with the unemployment compensation division of the
				bureau an application setting forth:
a. The
				name, address and official position of the person filing the application.
b. Name, address, and
				identification number of the employer.
c. Brief statement of the question involved
				and reasons for the application for review and redetermination of the rate of
				contribution.
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-02 - Unemployment Insurance Contributions › Chapter 27-02-10 - Administrative Hearing Upon Application for Review and Redetermination of Rates of Contribution › Section 27-02-10-03 - Hearings on rates of contributions

Current through Supplement No. 393, July, 2024
1. Hearings shall
				be held at the office of the unemployment compensation division in Bismarck
				unless, in its discretion, the bureau may determine upon another place within
				the state.
2. The executive
				director of the bureau or the special deputy herein referred to shall preside
				over the hearings.
3.
a.Any individual may appear for oneself in
				any proceeding before the bureau or its deputy. Any partnership may be
				represented by any of its members.
b. Any individual may appear by an attorney
				at law, admitted to practice before the highest court of this state, or the
				highest court of any state or territory of the United States, or by any other
				person who is qualified to represent others.
c. The bureau or its deputy, in the deputy's
				discretion, may refuse to allow any person to represent others in any
				proceeding before the deputy who the deputy finds is guilty of unethical
				conduct, or who intentionally and repeatedly fails to observe the provisions of
				the Unemployment Compensation Act, or the regulations and instructions of the
				state agency.
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-02 - Unemployment Insurance Contributions › Chapter 27-02-10 - Administrative Hearing Upon Application for Review and Redetermination of Rates of Contribution › Section 27-02-10-04 - Determination of rate of contribution

Current through Supplement No. 393, July, 2024
1. Within ten days
				after the conclusion of the hearing, the bureau shall announce its findings of
				fact and determination which shall be in writing and shall be signed by the
				executive director or the deputy who presides in such hearing.
2. A copy of the determination shall be
				mailed by registered mail to the employer at the employer's last known address.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-04-10
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-02 - Unemployment Insurance Contributions › Chapter 27-02-11 - Trust Fund Withdrawals [Repealed]

Current through Supplement No. 393, July, 2024
Determined repealed by the
				office of the Legislative Council pursuant to subsection 3 of North Dakota
				Century Code section
				 28-32-03 because the authority for
				the adoption of the rules was repealed by S.L. 1995, ch. 480, section
				9.
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-02 - Unemployment Insurance Contributions › Chapter 27-02-12 - Administrative Rules › Section 27-02-12-01 - Cash value of certain remunerations

Current through Supplement No. 393, July, 2024
1. If board,
				lodging, or any other payment in kind, considered as payment for services
				performed by a worker, is in addition to or in lieu of (rather than a deduction
				from) money wages, the bureau shall determine or approve the cash value of such
				payment in kind, and the employer shall use these cash values in computing
				contributions due under the Unemployment Compensation Act.
2. Where a cash value for board and lodging
				furnished a worker is agreed upon in any contract of hire, the amount so agreed
				upon shall, if more than the rates prescribed herein, be deemed the value of
				such board and lodging. Until and unless, in a given case a rate for board and
				lodging is determined by the bureau, board and lodging furnished in addition to
				money wages shall be deemed to have not less than the following values:
Full board and room, weekly ..........
$20.00
Meals, per week ......................
14.00
Meals, per day........................
2 . 00
Meals, per meal ......................
.75
Lodging, per week ....................
7.00
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-01-01(22),
				   52-06-06
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-02 - Unemployment Insurance Contributions › Chapter 27-02-12 - Administrative Rules › Section 27-02-12-02 - Gratuities

Current through Supplement No. 393, July, 2024
If gratuities constitute partial or entire payment for
				  services performed by a worker, the employer shall include as wages the amount
				  of gratuities or tips actually received by each worker or shall make a
				  reasonable valuation of the average remuneration from that source, showing in
				  detail on a statement attached to the employer's first contribution report for
				  1937 or the employer's first contribution report thereafter, and thereafter as
				  requested, the basis for such valuation. The requirements of the Unemployment
				  Compensation Act and the instructions of the bureau relating to the reporting
				  of wages are not to be construed as requiring or permitting employers to
				  require workers to report to their employers the amount of their tips. The
				  reporting of the exact amount of tips received by workers is to be made only
				  with the voluntary consent of the workers.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-01-01(22),
				   52-06-06
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-02 - Unemployment Insurance Contributions › Chapter 27-02-13 - Incremental Bond Procedures › Section 27-02-13-01 - Incremental bond procedures

Current through Supplement No. 393, July, 2024
1. A project will
				be subject to the provisions of North Dakota Century Code section
				 52-04-06.1 if the bureau
				determines that:
a. The total of the
				contracts awarded on the project are at least twenty-five million dollars
				excluding contracts awarded solely for design and engineering;
b. More than one-half of the work will be
				completed within seven years of the date work begins;
c. The total number of individuals performing
				services in employment on the project total two hundred fifty or more in the
				aggregate; and
d. The estimated
				total benefits attributable to services performed on the project will exceed
				the estimated contributions to be paid for services performed on the project.
The total amount of benefits will be estimated assuming that
				  half of the workers will receive benefits equal to the maximum weekly benefit
				  amount times the average duration of benefits paid to all claimants during the
				  most recently completed calendar year. The estimate of contributions to be paid
				  will be made by multiplying the average tax rate for the most recently
				  completed calendar year times the estimated amount of taxable wages to be
				  reported by employers on the project. The estimated taxable wages must be
				  determined by multiplying the number of workers projected to be employed on the
				  project times the maximum taxable wage base in effect for the current year.
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-02 - Unemployment Insurance Contributions › Chapter 27-02-15 - Employer Liability Determination Proceedings and Appeals › Section 27-02-15-01 - Employer liability determination proceedings and appeals

Current through Supplement No. 393, July, 2024
1. The director of the job insurance division
				or the director's designee may, after a notice and opportunity for hearing,
				make findings of fact and, on the basis thereof, determine whether an
				individual or organization is an employing unit, whether the service performed
				for an employing unit is employment, and whether an employing unit is an
				employer.
2. An interested party
				to a determination must be notified in writing of the division's intent to make
				such a determination. The parties shall have fifteen days from the date of the
				mailing of such notice to request a hearing prior to such determination. If no
				hearing is requested, the division may make a determination on the basis of
				reasonably available information.
3. If a hearing is requested, it must be
				conducted in the same manner as hearings on claims for benefits as provided for
				in  chapter 27-03-06 except when North Dakota Century Code section
				 52-04-17 or the subject matter may
				otherwise require.
4. The director
				of the job insurance division or the director's designee shall promptly set
				forth in writing the division's findings of fact, the determination, and the
				reasons for such determination. Copies of such findings of fact and
				determination must be mailed to all interested parties and are final unless an
				appeal to the bureau is filed within fifteen days of the date of mailing.
General Authority: NDCC 52-02-02
Law Implemented: NDCC 52-04-17
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-02 - Separation Information › Section 27-03-02-01 - Separation information required from employers involving possible disqualification or ineligibility

Current through Supplement No. 393, July, 2024
1.
Separation
				information from employer.
When a claimant has been determined to have
				insured status, the division shall promptly notify the worker's last employer
				on form nduc 211(a), notice of valid claim for unemployment insurance. In the
				event the separating employer has reason to believe the worker should be
				disqualified or is ineligible for benefits because of the circumstances
				surrounding the worker's separation from work, the employer shall so notify the
				division by completing form nduc 211(a), or its equivalent, setting forth in
				detail the reasons for the employer's protest.
2.
Failure of employer to file
				separation or eligibility information.
If reply on form nduc 211(a), or
				an equivalent, is not mailed or delivered to the division within ten days after
				the date appearing on the notice, the determination of the division shall be
				final.
General Authority: NDCC 52-02-02
Law Implemented: NDCC 52-06-10, 52-06-12
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-02 - Separation Information › Section 27-03-02-02 - Mass separations

Current through Supplement No. 393, July, 2024
1.
Definition
				of mass separation.
"Mass separation" as used in this chapter means the
				layoff from work of twenty-five or more workers in a single establishment
				(either permanently or for an indefinite period or for an expected duration of
				seven days or more) at or about the same time and for the same reason.
2.
Filing of notice prior to
				mass separation.
When the employer has advance knowledge of an expected
				mass separation, the employer shall file a notice thereof with the public
				employment service office nearest the worker's place of employment, setting
				forth the reasons for such mass separation, together with a list of the names
				and social security account numbers of the workers affected. Such notice shall
				be filed forty-eight hours prior to the commencement of the mass separation.
3.
Filing of notice after
				mass separation.
When the employer has no advance knowledge of a mass
				separation at the commencement thereof, the employer shall within forty-eight
				hours after the commencement of the mass separation notify the public
				employment service office nearest the worker's place of employment of the mass
				separation and the reasons therefor. Such notification shall include a list of
				the names and social security account numbers of the workers affected.
4.
Filing of mass separation
				list.
The list containing the names and social security account numbers
				of the workers affected and the employer's name and address as required by this
				chapter, shall be filed within the periods of time shown in this chapter except
				that the time may be extended within the discretion of the division for good
				cause shown.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-06-10,
				   52-06-12
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-02 - Separation Information › Section 27-03-02-03 - Notice of total unemployment due to strike, lockout, or other labor dispute

Current through Supplement No. 393, July, 2024
1.
Notice to
				the division of labor dispute.
In cases of total unemployment due to
				strike, lockout, or other labor dispute, the employer shall file with the
				division, in lieu of a mass separation notice, a notice setting forth the
				existence of such dispute and the approximate number of workers affected.
2.
Notice upon request of
				the division.
Upon request, an employer shall furnish to the division
				the names of the workers ordinarily attached to the department or establishment
				where unemployment caused by a strike, lockout, or other labor dispute and such
				other information as is requested by the division.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-06-10,
				   52-06-12
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-02 - Separation Information › Section 27-03-02-04 - Information to workers

Current through Supplement No. 393, July, 2024
Whenever a worker is separated from the worker's employment
				  (permanently or for an indefinite period or for an expected duration of seven
				  or more days) the employer shall instruct such worker to report promptly,
				  either in person or by mail, to the public employment service office most
				  convenient to the worker, or in person to an itinerant point of such office on
				  the first day that such itinerant office is open.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-06-10,
				   52-06-12,
				   52-06-35
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-03 - Claims for Partial Unemployment Benefits › Section 27-03-03-01 - Employer responsibility in the initiation of a first claim for partial benefits in a benefit year

Current through Supplement No. 393, July, 2024
1. Within one week
				after the termination of the pay period containing a week in which an employer
				has furnished any worker in the employer's employ less than four full days of
				work due to lack of work, or the time or dollar earnings equivalent thereof,
				or, on the customary pay day for the pay period containing the week of partial
				unemployment, such employer shall give each such worker a copy of form
				nduc-222, continued claim for partial unemployment benefits, setting forth the
				information required of the employer thereby.
The worker shall complete form nduc-222 and present or mail
				  it to the nearest local office of the public employment service, or, if the
				  worker completes and returns such form to the worker's employer, the employer
				  shall promptly mail or otherwise transmit such form to the local office of the
				  public employment service nearest the worker's residence.
2. Upon receipt of form nduc-222, continued
				claim for partial unemployment benefits, the division shall promptly notify the
				worker named thereon of the worker's potential rights to partial benefits and
				shall notify the employer of such worker's partial earnings limit and benefit
				year ending date. Upon receipt thereof, the employer shall record such partial
				earnings limit and benefit year ending date upon the employer's payroll
				records. No form or notice as herein described shall be required with respect
				to any worker whose earnings for the week involved were more than the worker's
				weekly benefit amount.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-01-01(21),
				   52-06-06,
				   52-06-08
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-03 - Claims for Partial Unemployment Benefits › Section 27-03-03-02 - Employer to furnish evidence of partial unemployment

Current through Supplement No. 393, July, 2024
1.
				After an employer has been notified of the weekly benefit amount and current
				benefit year ending date of any worker in the employer's employ, such employer,
				until the benefit year expiration date shown on the notice, or until otherwise
				notified, shall within one week after the termination of a pay period
				containing the week of partial unemployment furnish such partially unemployed
				worker a copy of any of the following:
a.
				Form nduc-222, continued claim for partial unemployment benefits, setting forth
				the information required thereby, including the worker's name and social
				security account number, the week ending date of such week, the wages earned
				during the week and the proper certification as to having worked less than the
				worker's normal customary full-time hours because of a lack of work in such
				week.
b. Written evidence
				concerning the worker's partial unemployment by means of a pay envelope, pay
				check stub, or copy thereof, or other suitable medium approved by the division.
				The information contained in such medium shall be in ink or typewritten and
				shall show:
(1) The name and address of the
				employer.
(2) The name and social
				security account number of the worker.
(3) The week ending date of such week.
(4) The amount of wages earned in
				such week.
(5) The following
				certification (individual or rubber stamped):
I certify that the above amount represents reduced earnings
				  in the week of less than full-time work because of lack of work.
(6) A signature (actual or
				facsimile) by the employer to the above certification, or other positive
				identification of the authority supplying the evidence.
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-03 - Claims for Partial Unemployment Benefits › Section 27-03-03-03 - Filing of claims for partial unemployment

Current through Supplement No. 393, July, 2024
1. A claim
				for benefits for partial unemployment filed by an individual in person at any
				local office of the public employment service, or at an itinerant point
				thereof, on form nduc-222, continued claim for partial unemployment benefits,
				or on form nduc-211, initial claim, shall constitute such individual's notice
				of partial unemployment and claim for benefits or waiting period credit with
				respect to the week of partial unemployment covered by the claim. Such claim
				shall not be valid if filed twenty-nine or more days after the individual has
				been furnished information by the individual's employer as to the individual's
				earnings as provided in section 27-03-03-02.
2. A claim for benefits for any individual on
				form nduc-222, continued claim for partial unemployment benefits, mailed by the
				individual, or the individual's employer in the individual's behalf, to a local
				office of the public employment service shall constitute such individual's
				notice of partial unemployment and claim for benefits or waiting period credit
				with respect to the week of partial unemployment covered by the claim;
				provided, that such form is executed by such individual and returned to the
				individual's employer or forwarded by such individual to a local office of the
				public employment service within one week after its delivery to the individual.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-01-01(21),
				   52-06-06,
				   52-06-08
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-03 - Claims for Partial Unemployment Benefits › Section 27-03-03-04 - Extended period for filing of claims for good cause

Current through Supplement No. 393, July, 2024
Notwithstanding the provisions of section 27-03-03-03, if the division finds
				  that the failure of any individual to register and file a claim for partial
				  unemployment benefits within the time set forth was due to failure on the part
				  of the employer to comply with any of the provisions of this chapter, or to
				  coercion or intimidation exercised by the employer to prevent the prompt filing
				  of such claims, or to failure by the division to discharge its responsibilities
				  properly in connection with such partial unemployment, the division shall
				  extend the period during which such claim may be filed to a date which shall be
				  not less than one week after the individual has received appropriate notice of
				  the individual's potential rights to benefits and the individual's earnings
				  during the period of such partial unemployment, provided, however, that such
				  claim shall not be valid if filed thirteen weeks subsequent to the end of the
				  benefit year (actual or potential) during which such week of partial
				  unemployment occurs.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-01-01(21),
				   52-06-06,
				   52-06-08
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-03 - Claims for Partial Unemployment Benefits › Section 27-03-03-05 - Employer's record in connection with partial unemployment

Current through Supplement No. 393, July, 2024
Employer's payroll records may be kept in any manner best
				  suited to their convenience but, in addition to the requirements set forth in
				   chapter 27-02-02, such records shall be kept in such form that it would be
				  possible from an inspection thereof to determine:
1. Wages earned by weeks.
2. Whether any week of partial unemployment
				claimed by an individual is in fact a week of less than full-time work.
3. Time lost due to unavailability
				for work by each worker who may be eligible for partial benefits.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-01-01(21),
				   52-06-06,
				   52-06-08
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-04 - Claims for Benefits for Intrastate Workers › Section 27-03-04-01 - Initiation of a claim for benefits

Current through Supplement No. 393, July, 2024
1.
New claims
				filed in person.
A new claim for benefits filed in person shall be
				initiated with a representative of the bureau at any bureau office or with an
				itinerant representative of the bureau. Such claim shall be made on the initial
				claim form, setting forth that the worker has registered for work and requests
				determination of insured status and such other information as is required by
				the form.
The effective date of a new claim filed in person, except
				  those made by partially unemployed workers, shall be as of the first day of the
				  calendar week in which the worker registers for work and makes the worker's
				  claim for benefits. If an individual normally served by an itinerant service
				  office becomes unemployed during a week in which itinerant service is not
				  scheduled, the individual's claim may be backdated to the first day of the
				  calendar week in which the individual became unemployed if the individual
				  appears on the next regularly scheduled itinerant service date to register for
				  work and file the individual's claim for benefits.
2.
New claims filed by mail.
The
				bureau or its representative may permit a worker living in an isolated area to
				file by mail on form nduc-233, application for unemployment compensation
				benefits, which form shall be mailed to the worker upon receipt of the worker's
				communication. If such individual is determined to have insured status, the
				individual shall then be required to appear in person at the individual's
				nearest local office of the public employment service as directed, or at an
				itinerant point of such office on the first day that such itinerant point is
				open subsequent to the individual's receipt of the determination, to complete
				the individual's registration for work and to provide such other information as
				may be required.
The effective date of a new claim for benefits filed by mail
				  shall be the first day of the calendar week in which the individual so claiming
				  mailed the individual's written application to the bureau or its
				  representative. The postmark date appearing on the envelope containing the
				  original request shall establish the calendar week in which the new claim is
				  effective.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-01-01(5),
				   52-01-01(21),
				   52-06-01,
				   52-06-08
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-04 - Claims for Benefits for Intrastate Workers › Section 27-03-04-02 - Continuing a claim for benefits

Current through Supplement No. 393, July, 2024
1.
Continued
				claims filed in person.
Continued claims filed in person, except those
				filed by partially unemployed workers, shall be made on form nduc-217,
				continued claim, setting forth that for the week entered on the continued claim
				form the claimant:
a. Claims benefits.
b. Was able to work, available for
				work, actively seeking work, and registered for work.
c. Had no work and earnings except as entered
				on the form.
d. Such other
				information as is required thereby.
Continued claim, form nduc-217 shall renew the worker's
				  registration for work and continue the worker's claim for benefits.
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-04 - Claims for Benefits for Intrastate Workers › Section 27-03-04-03 - Withdrawal of mail claim privilege

Current through Supplement No. 393, July, 2024
The bureau or its representative reserves the right to
				  withdraw the mail claim privilege granted to claimants if circumstances warrant
				  such action.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-01-01(5),
				   52-01-01(21),
				   52-06-01,
				   52-06-08
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-04 - Claims for Benefits for Intrastate Workers › Section 27-03-04-04 - Reporting by mail after reemployment

Current through Supplement No. 393, July, 2024
If a worker, except a partially unemployed worker, becomes
				  employed in a week or immediately following a week for which the worker may be
				  eligible for benefits and such employment prevents the worker from filing a
				  continued claim, in accordance with regularly established continued claim
				  filing procedure, the worker may claim such benefits by mailing to the office
				  at which the worker registered for work and made the worker's claim for
				  benefits, a report of such employment and all earnings received in such week,
				  in the form of a signed statement which shall constitute the worker's claim for
				  benefits for such week.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-01-01(5),
				   52-01-01(21),
				   52-06-01,
				   52-06-08
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-04 - Claims for Benefits for Intrastate Workers › Section 27-03-04-05 - Permission to report at local office other than where claim filed

Current through Supplement No. 393, July, 2024
The bureau, for reasons found to constitute good cause for an
				  individual's inability to report at the bureau office or itinerant service
				  office at which the individual filed the individual's claim for benefits and
				  registered for work, may permit such individual to report to any other bureau
				  office or itinerant service office, utilized by the bureau.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-01-01(5),
				   52-01-01(21),
				   52-06-01,
				   52-06-08
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-04 - Claims for Benefits for Intrastate Workers › Section 27-03-04-06 - Reinstating a claim for benefits - Additional or reopened

Current through Supplement No. 393, July, 2024
1.
Application for reinstatement.
A claimant, except a partially
				unemployed worker, who has not filed continued claim for two or more regularly
				established filing dates, shall apply for reinstatement in accordance with the
				provisions set forth in section 27-03-04-01.
2.
Reinstatement after employment.
If a worker has not filed continued claims for benefits for two or more
				regularly established filing dates and has been employed since last filing a
				claim for benefits, an additional claim shall be completed on the additional or
				reopened claim form, and separation information from the last employer shall be
				obtained.
3.
Reinstatement
				without intervening employment.
If a worker has not filed continued
				claims for two or more regularly established filing dates but has had no
				employment since last filing a claim for benefits, a reopened claim shall be
				filed on the additional or reopened claim form giving the reason for the
				interruption in the claims series.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-01-01(5),
				   52-01-01(21),
				   52-06-01,
				   52-06-08
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-04 - Claims for Benefits for Intrastate Workers › Section 27-03-04-07 - Responsibility of claimant to furnish information

Current through Supplement No. 393, July, 2024
A claimant shall provide such information in connection with
				  the claimant's claim for benefits as the bureau or its representative deems
				  necessary for the proper administration of the law. If a claimant fails to
				  submit information as requested by the bureau or its representative, within one
				  week of the date on which such information is requested, a determination will
				  be made on the basis of information available to the bureau.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-01-01(5),
				   52-01-01(21),
				   52-06-01,
				   52-06-08
North Dakota Administrative Code › Title 27 - Job Service North Dakota › Article 27-03 - Unemployment Compensation Benefits › Chapter 27-03-04 - Claims for Benefits for Intrastate Workers › Section 27-03-04-08 - Claimant reporting requirement - Periodic eligibility interviews

Current through Supplement No. 393, July, 2024
A claimant who fails, without good cause, to report to a job
				  service office as directed is not entitled to benefits for the week in which
				  such failure occurs and for every subsequent week until such time as the
				  claimant does report as directed. A claimant may be directed to report to a job
				  service office for the purpose of participating in periodic eligibility
				  interviews. Job service shall establish a reasonable frequency of periodic
				  eligibility interviews giving consideration to the claimant's potential for
				  being recalled to work by the claimant's former employer and the claimant's
				  prospects for obtaining work.
General Authority: NDCC 52-02-02
Law Implemented: NDCC 52-06-01(2)
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 27-03-05-01 - Application of chapter

Current through Supplement No. 393, July, 2024
This chapter governs the North Dakota unemployment
				  compensation division in its administrative cooperation with other states
				  adopting a similar regulation for the payment of benefits to interstate
				  claimants.
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 27-03-05-02 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter, unless the context clearly requires
				  otherwise:
1. "Agent state" means any
				state in which an individual files a claim for benefits from another state.
2. "Benefits" means the
				compensation payable to an individual, with respect to the individual's
				unemployment, under the unemployment insurance law of any state.
3. "Interstate benefit payment plan" means
				the plan approved by the interstate conference of employment security agencies
				under which benefits shall be payable to unemployed individuals absent from the
				state or states in which benefit credits have been accumulated.
4. "Interstate claimant" means an individual
				who claims benefits under the unemployment insurance law of one or more liable
				states through the facilities of an agent state. The term shall not include any
				individual who customarily commutes from a residence in an agent state to work
				in a liable state unless the North Dakota unemployment compensation division
				finds that this exclusion would create undue hardship on such claimants in
				specified areas.
5. "Liable state"
				means any state against which an individual files, through another state, a
				claim for benefits.
6. "State"
				includes, in addition to the states of the United States of America, Puerto
				Rico, Virgin Islands, and the District of Columbia.
7. "Week of unemployment" includes any week
				of unemployment as defined in the law of the liable state from which benefits
				with respect to such week are claimed.
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 27-03-05-03 - Registration for work

Current through Supplement No. 393, July, 2024
Each interstate claimant shall be registered for work,
				  through any public employment office in the agent state when and as required by
				  law, regulations, and procedures of the agent state. Such registration shall be
				  accepted as meeting the registration requirements of the liable state. Each
				  agent state shall duly report, to the liable state in question, whether each
				  interstate claimant meets the registration requirements 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 27-03-05-04 - Benefit rights of interstate claimants

Current through Supplement No. 393, July, 2024
1. If a
				claimant files a claim against any state, and it is determined by such state
				that the claimant has available benefit credits in such state, then claims
				shall be filed only against such state as long as benefit credits are available
				in that state. Thereafter, the claimant may file claims against any other state
				in which there are available benefit credits.
For the purposes of this chapter, benefit credits shall be
				  deemed to be unavailable whenever benefits have been exhausted, terminated, or
				  postponed for an indefinite period or for the entire period in which benefits
				  would otherwise be payable, or whenever benefits are affected by the
				  application of a seasonal restriction.
2. The benefit rights of interstate claimants
				established by this chapter shall apply only with respect to new claims
				(notices of unemployment) filed on or after July 5, 1953.
General Authority:
NDCC
				   52-02-02
Law Implemented:
NDCC
				   52-02-15