NDAC 75-02-01.2-12
Determining claims of good cause
Cite as N.D. Admin. Code ยง 75-02-01.2-12
Determinations concerning claims of good cause require the use of decisionmaking principles.
These principles must be applied to the individual's statements and information to determine if the
requirements of good cause are met. The decisionmaking principles are:
1.
The individual claiming good cause is responsible to show that good cause exists.
2.
Uncorroborated statements of fact are less believable than corroborated statements.
Uncorroborated statements may be accepted if they are consistent, credible, and supported
by the circumstances of the case.
3.
Statements by individuals with a reputation for being untruthful are less believable than similar
statements by individuals without that reputation.
4.
A reputation for being untruthful exists if the files maintained by the department, the human
service zone, or the job opportunities and basic skills program employment contractor contain
evidence of untruthful statements made by the individual, or if the individual has made
untruthful statements that are a matter of public record.
5.
Statements by individuals with a reputation for failures or delays in furnishing information
necessary for official action are less believable than similar statements by individuals without
that reputation.
6.
A reputation for failures or delays in furnishing information necessary for official action exists if
the files maintained by the department, the human service zone, or a job opportunities and
basic skills program employment contractor contain evidence of any failure or delay, without
good cause, to furnish reports, including review forms, necessary verifications, or a failure or
delay in attending meetings or interviews intended to secure information necessary for official
action.
7.
A statement of fact, made by an individual with something to gain if that statement is regarded
as true, is less believable than a similar statement made by an individual with little or nothing
to gain.
8.
An individual's explanations or reasons for claiming good cause must be judged by a prudent
person concept. A prudent person is one who exercises qualities of attention, knowledge,
intelligence, and judgment, which society requires of its members for protection of their own
interests and the interests of others.
9.
Statements of fact made by the individual claiming good cause, or by other individuals who
support or oppose the claim of good cause, are not presumed to be either truthful or
untruthful. Rather, statements of fact must be evaluated to determine if they are more likely
than not or less likely than not true.