2012 North Dakota Century Code Title 52 Social Security Chapter 52-02 Job Service North Dakota
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CHAPTER 52-02
JOB SERVICE NORTH DAKOTA
52-02-01. Job service North Dakota created.
There is hereby created job service North Dakota which is charged with administering the
provisions of the North Dakota unemployment compensation law and the provisions of the North
Dakota state employment service, as set forth in chapter 52-08, which must be administered by
a full-time salaried executive director, who is subject to the supervision and direction of the
governor. The governor is authorized to appoint, fix the compensation of, and prescribe the
duties of the executive director, provided that the appointment must be made on a nonpartisan,
merit basis. The duties and responsibilities of the executive director extend to and include the
power of full administration of the provisions of the North Dakota unemployment compensation
law, and the provisions of chapter 52-08 relating to the North Dakota state employment service,
including job insurance programs, and the establishment and maintenance of free public
employment offices. The executive director may also establish separate divisions and make
separate appointments as the executive director deems advisable for efficient administration of
the duties and responsibilities imposed hereunder. Any separate appointments must be on a
nonpartisan, merit basis.
52-02-02. Powers, duties, organization, and methods of procedure of bureau - Seal.
The bureau may adopt, amend, or rescind such rules and regulations, make such
expenditures, require such reports, make such investigations, and take such other action as it
deems necessary or suitable in the administration of the North Dakota unemployment
compensation law. Such rules and regulations are effective upon publication in the manner, not
inconsistent with the provisions of the North Dakota unemployment compensation law, which
the bureau shall prescribe. The bureau shall determine its own organization and methods of
procedure in accordance with the provisions of the North Dakota unemployment compensation
law and shall have an official seal which shall be noticed judicially.
52-02-02.1. Adult education and training - Grants to students.
Repealed by S.L. 2009, ch. 441, § 1.
52-02-03. Biennial report - Recommendations by bureau.
The bureau shall submit a biennial report to the governor and the secretary of state in
accordance with section 54-06-04. Whenever the bureau believes that a change in contribution
or benefit rates shall become necessary to protect the solvency of the fund, it shall inform the
governor and the legislative assembly promptly and make recommendations with respect
thereto.
52-02-04. General and special rules and regulations of the bureau - When effective.
General and special rules may be adopted, amended, or rescinded by the bureau only after
public hearing or opportunity to be heard thereon, of which proper notice has been given.
General rules become effective ten days after filing with the secretary of state and publication in
one or more newspapers of general circulation in this state. Special rules become effective ten
days after notification or mailing to the last-known address of the individuals or concerns
affected thereby. Regulations may be adopted, amended, or rescinded by the bureau and
become effective in the manner and at the time prescribed by the bureau.
52-02-05. Text of chapter and other rules and regulations to be published by bureau
for distribution.
Repealed by S.L. 2005, ch. 453, § 1.
52-02-06. Merit system and personnel.
1. In accordance with chapter 54-44.3 and rules adopted thereunder and on the basis of
the authority granted under section 52-02-02, the bureau shall select and prescribe the
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duties and powers of officers, employees, and other persons as may be necessary in
the performance of its duties under the chapter; provided, that in cooperation with
North Dakota human resource management services the bureau shall take such action
as may be necessary to meet the personnel standards adopted by the secretary of
labor pursuant to the Social Security Act [42 U.S.C. 301 et seq.] and the
Wagner-Peyser Act [48 Stat. 113; 29 U.S.C. 49-49k], both as amended.
Notwithstanding any provision of law to the contrary, the bureau shall have authority to
dismiss without notice any person employed in the administration of the North Dakota
unemployment compensation law upon receipt of notice of a determination by the
United States civil service commission that that person has violated the provisions of
the Act of the Congress of the United States entitled "An Act to prevent pernicious
political activities", as amended [18 U.S.C. 61(a)] and that the violation warrants the
removal of that person from employment.
52-02-07. State unemployment insurance advisory council - Composition - Duties Compensation.
1. The governor shall appoint an unemployment insurance advisory council consisting of
eight members:
a. Five members must represent employers, two of whom must represent
employers employing fewer than twenty-five employees, one of whom must
represent employers employing twenty-five or more employees, one of whom
must represent an employer from the positive employer rate groups, and one of
whom must represent an employer from the negative employer rate groups. Each
employer representative must be a principal owner, chief executive officer, or
chief financial officer of the employer.
b. Two members must represent employees, one of whom must represent
organized labor and one of whom does not hold a managerial position in
employment.
c. One at-large member who must be a resident of the state.
2. Of the members first appointed, the term of office of three members is three years, the
term of office of three members is two years, and the term of office of two members is
one year. Thereafter, the term of office of each member is three years. The governor
shall fill any vacancy on the council by appointing a member to complete the unexpired
term.
3. The council shall select a chairman annually from its members.
4. The unemployment insurance advisory council shall advise job service North Dakota
regarding issues relating to the operations, effectiveness, fairness, and efficiency of
the unemployment insurance program, and on any related issue or concern brought to
the council's attention by the executive director or the executive director's designee.
The council shall meet at least once each calendar year and may meet at the call of
the chairman or at the call of the executive director.
5. The members of the unemployment insurance advisory council must be reimbursed for
any necessary expenses and are entitled to receive compensation in the sum of one
hundred dollars per day spent in attendance at meetings.
52-02-08. Bureau and advisory councils to take steps to stabilize employment.
The bureau, with the advice and aid of its advisory councils, and through its appropriate
divisions, shall take appropriate steps to:
1. Reduce and prevent unemployment.
2. Encourage and assist in the adoption of practical methods of career and technical
education training, retraining, and career development counseling.
3. Investigate, recommend, advise, and assist in the establishment and operation, by
municipalities, counties, school districts, and the state, of reserves for public works to
be used in times of business depression and unemployment.
4. Promote the reemployment of unemployed workers throughout the state in every other
way that may be feasible.
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Carry on and publish the results of investigations and research studies.
52-02-09. Job service administration fund.
The job service administration fund consists of all money received from the United States,
or any agency thereof, and all money received from any other source for administrative and
program purposes except for the funds created by sections 52-03-01, 52-04-22, and 52-09-05.
All moneys accruing to this fund in any manner must be maintained in this separate
interest-bearing account at the Bank of North Dakota. All money deposited or paid into this fund
must be continuously available to the bureau for expenditure in accordance with the provisions
of this law and may not lapse at any time or be transferred to any other fund. The fund must
consist of any money appropriated by this state in accordance with section 52-02-11; all money
received from any other source for the administration of the North Dakota unemployment
compensation law; all money received from any agency of the United States or any other state
as compensation for services or facilities supplied to such agency; all amounts received
pursuant to any surety bond or any insurance policy or from other sources for losses sustained
by the job service administration fund or by reason of damage to property, equipment, or
supplies purchased from money in such fund; and all proceeds realized from the sale or
disposition of any such property, equipment, or supplies which may no longer be necessary for
the proper administration of this law. Notwithstanding any provision of this section, all money
requisitioned and deposited in this fund pursuant to subsection 4 of section 52-03-07 must
remain a part of the unemployment compensation fund and must be used only in accordance
with the conditions specified in section 52-03-07.
52-02-10. Expenditure of moneys in fund.
All moneys in the job service administration fund received from the United States or any
agency thereof for the administration of the North Dakota unemployment compensation law, or
which may be appropriated by the state for any of the purposes described in the North Dakota
unemployment compensation law, must be expended solely for the purposes and in the
amounts found necessary by the social security board of the United States or any other agency
of the United States succeeding thereto, for the proper and efficient administration of the North
Dakota unemployment compensation law.
52-02-11. Reimbursement of funds.
The state of North Dakota recognizes its obligation to replace, and hereby pledges the faith
of this state that funds will be provided in the future and be applied to the replacement of, any
moneys received after July 1, 1941, from the social security board under title III of the Social
Security Act [42 U.S.C. 501 et seq.], any unencumbered balances relating to the administration
of the North Dakota unemployment compensation law in the job service administration fund as
of that date, any moneys thereafter granted to the state pursuant to the provisions of the
Wagner-Peyser Act [48 Stat. 113; 29 U.S.C. 49-49k], and any moneys made available by the
state or its political subdivisions and matched by such moneys granted to the state pursuant to
the provisions of the Wagner-Peyser Act, which the social security board finds have been lost or
have been expended because of any action or contingency for purposes other than or in
amounts in excess of those found necessary for the proper administration of the North Dakota
unemployment compensation law by the social security board. Such moneys must be replaced
promptly by moneys appropriated for such purpose from the general funds of this state to the
job service administration fund for expenditure as provided in section 52-02-09. The amount of
money required for such replacement must be reported promptly by the bureau to the governor
and the governor shall report the same to the legislative assembly. This section may not be
construed to relieve the state of North Dakota of its obligation with respect to funds received
prior to July 1, 1941, pursuant to the provisions of title III of the Social Security Act [42 U.S.C.
501 et seq.].
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52-02-12. Attorney to represent bureau in actions under the North Dakota
unemployment compensation law.
In any civil action to enforce the provisions of the North Dakota unemployment
compensation law, the bureau and the state may be represented by any qualified attorney who
is employed by the bureau and is designated by the attorney general.
52-02-13. Cooperation with social security board and other federal agencies Reports.
In the administration of the North Dakota unemployment compensation law, the bureau shall
cooperate to the fullest extent consistent with the provisions of the North Dakota unemployment
compensation law, with the social security board, created by the Social Security Act, approved
August 14, 1935, [49 Stat. 620; 42 U.S.C. 301 et seq.] as amended. The bureau shall make
such reports in such form and containing such information as the social security board may
require and shall comply with such provisions as the social security board from time to time may
find necessary to assure the correctness and verification of such reports. The bureau shall
comply with regulations prescribed by the social security board governing the expenditures of
such sums as may be allotted and paid to this state under title III of the Social Security Act [42
U.S.C. 501 et seq.] for the purpose of assisting in the administration of the North Dakota
unemployment compensation law.
52-02-14. Manner of cooperation between state and other states and federal
government.
The administration of the North Dakota unemployment compensation law and of other state
and federal unemployment compensation and public employment service laws will be promoted
by cooperation between this state and such other states and the appropriate federal agencies in
exchanging services and making available facilities and information. The bureau may make
such investigations, secure and transmit such information, make available such services and
facilities, and exercise such of the other powers provided in the North Dakota unemployment
compensation law with respect to the administration of the North Dakota unemployment
compensation law as it deems necessary or appropriate to facilitate the administration of any
such unemployment compensation or public employment service law, and in a like manner, may
accept and utilize information, services, and facilities made available to this state by the agency
charged with the administration of any such other unemployment compensation or public
employment service law.
52-02-15. Reciprocal arrangements with other states and federal government.
The bureau shall enter into reciprocal arrangements with appropriate and duly authorized
agencies of other states or of the federal government or both, by which:
1. Services performed by an individual for a single employing unit, which services
customarily are performed in more than one state, must be deemed to be services
performed entirely within any one of the states:
a. In which any part of such individual's services is performed;
b. In which such individual has such individual's residence; or
c. In which the employing unit maintains a place of business if there is in effect as to
such services, an election, approved by the agency charged with the
administration of such state's unemployment compensation law, pursuant to
which all the services performed by such individual for such employing unit, are
deemed to be entirely within such state;
2. Potential rights to benefits accumulated under the unemployment compensation laws
of one or more states or under one or more such laws of the federal government, or
both, may constitute the basis for the payment of benefits through a single appropriate
agency under terms which the bureau finds will be fair and reasonable as to all
affected interests and will not result in any substantial loss to the fund;
3. Wages or services, upon the basis of which an individual may become entitled to
benefits under an unemployment compensation law of another state or of the federal
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government, must be deemed to be wages for insured work for the purpose of
determining the individual's rights to benefits under the North Dakota unemployment
compensation law, and wages for insured work, on the basis of which an individual
may become entitled to benefits under the North Dakota unemployment compensation
law, must be deemed to be wages or services on the basis of which unemployment
compensation under such law of another state or of the federal government is payable.
No such arrangement may be entered into unless it contains provisions for
reimbursements to the fund for such of the benefits paid under the North Dakota
unemployment compensation law upon the basis of such wages or services, and
provisions for reimbursements from the fund for such of the compensation paid under
such other law upon the basis of wages for insured work, as the bureau finds will be
fair and reasonable as to all affected interests; and
Contributions due under the North Dakota unemployment compensation law with
respect to wages for insured work, for the purposes of sections 52-04-11 through
52-04-14, must be deemed to have been paid to the fund as of the date payment was
made as contributions therefor under another state or federal unemployment
compensation law, but no such arrangement may be entered into unless it contains
provisions for such reimbursements to the fund of such contributions and the actual
earnings thereon as the bureau finds will be fair and reasonable as to all affected
interests.
52-02-16. Title to real property acquired with federal funds.
The state of North Dakota may receive and accept title by general warranty deed to real
property which may be acquired under standard legal practices, or combinations thereof, for
acquisition of real estate in accordance with the needs and requirements of the particular
transaction by documents executed or to be executed by the bureau, provided the property
must be acquired without appropriation by the state of North Dakota and the cost thereof must
be defrayed by federal funds made available for the administration of said bureau. Sufficiency of
title to any property acquired hereunder must be approved by the attorney general prior to
execution of documents for acquisition of such property. Property acquired under authority
hereof must be for the use and benefit of the bureau to carry out and perform the duties,
powers, and authority vested therein, and to administer and participate in federal programs
delegated thereto by federal authority. Upon completion of negotiations for acquisition said
property may be held and occupied by the bureau at no cost other than maintenance.
52-02-17. Trust fund balance - Report to legislative council.
The bureau shall report to the legislative council before March first of each year the actual
trust fund balance and the targeted modified average high-cost multiplier, as of December
thirty-first of the previous year. In addition, the report must include a projected trust fund balance
for the next three years.
52-02-18. Independent performance audit.
The state auditor, upon request of the legislative audit and fiscal review committee, shall
cause a performance audit of job service North Dakota to be conducted within twelve months
after receipt of the request. The state auditor may appoint an independent audit firm, with
extensive expertise in job service practices and standards, to complete a performance audit or
the state auditor may conduct the performance audit. If the state auditor completes the audit,
the state auditor may contract with a consulting firm to aid in the state audit or to complete the
audit and shall charge job service North Dakota for the audit, including the services of the
consulting firm. The executive director of job service North Dakota and the auditor shall present
the audit report and any action taken as a result of the audit to the legislative audit and fiscal
review committee and to the house and senate industry, business and labor standing
committees during the next regular session of the legislative assembly following the audit.
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