NDAC 92-01-02-23.2
Employers to provide security instrument
Cite as N.D. Admin. Code ยง 92-01-02-23.2
The organization may require an employer to provide a bond, letter of credit, cash deposit, or other
security instrument approved by the organization to guarantee payment of workers' compensation
premium. The required security instrument is in addition to any other required installment payment
obligations.
1.
A security instrument or cash deposit may be required when:
a.
The employer does not have a permanent place of business in this state;
b.
The employer is not a resident of this state;
c.
The employer does not have a payment history or previously underwritten account with
the organization; or
d.
The employer has a previous delinquency with the organization.
2.
The security required by an employer may be the amount of premium calculated for the
applicable premium year. The security amount may be adjusted by the organization based on
changes in premium and anticipated payroll. The organization may consider all aspects of an
employer's account, including premium, rate classifications, and premium and assessment
delinquencies to determine the security required.
3.
Failure to provide a security instrument as required by the organization results in the employer
being deemed uninsured and in default.
4.
The organization may permit withdrawal of the security if the employer has made all premium
and assessment payments timely for two policy periods and complied with all requirements of
the organization.
5.
Once an employer account is in a closed status, and any balance due on the account is paid,
the security instrument will be released.