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
N.D. Admin Code 27-02-09-01