N.D. Admin. Code 27-02-10-02

Current through Supplement No. 392, April, 2024
Section 27-02-10-02 - Presentation of application for review and redetermination
1. An employer applying for review and redetermination of the employer's rate of contributions shall file with the unemployment compensation division of the bureau an application setting forth:
a. The name, address and official position of the person filing the application.
b. Name, address, and identification number of the employer.
c. Brief statement of the question involved and reasons for the application for review and redetermination of the rate of contribution.
2. An employer who has applied for a review and redetermination of the employer's rate of contributions may withdraw the application by filing with the director of the unemployment compensation division a written notice of withdrawal.
3. The bureau may either grant or deny any application for review and redetermination of an employer's rate of contribution. A copy of the decision of the bureau on any application shall be mailed to the employer at the employer's last known address within twelve days of the filing of the application.
4. If the application for review is granted, the bureau shall proceed to schedule the hearing and shall mail a notice to the employer at the employer's last known address at least seven days before the hearing, specifying the time and place thereon. If the employer or the employer's representative fails to appear at the hearing, the rate of contribution as originally reported will become final unless the employer, within twelve days thereafter appears and shows good cause for the employer's former nonappearance in which latter event the bureau shall reschedule the hearing.
5. Orders for supplying information from this agency to the employer or the employer's representative, if necessary for the proper presentation of the employer's case, shall be issued only upon application therefor. All applications for information in the records of the agency shall show as nearly as possible the information desired.
6. Subpoena to compel the attendance of witnesses and production of records for any hearing on the rate of contributions, unless directed by the bureau or its deputy, shall be issued by the bureau only upon a showing of a necessity thereof by the employer or the employer's representative.

General Authority: NDCC 52-02-02

Law Implemented: NDCC 52-04-10

N.D. Admin Code 27-02-10-02