NDAC 27-02-15-01
Employer liability determination proceedings and appeals
Cite as N.D. Admin. Code ยง 27-02-15-01
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.