N.D. Admin. Code 27-03-04-02

Current through Supplement No. 394, October, 2024
Section 27-03-04-02 - Continuing a claim for benefits
1.Continued claims filed in person. Continued claims filed in person, except those filed by partially unemployed workers, shall be made on form nduc-217, continued claim, setting forth that for the week entered on the continued claim form the claimant:
a. Claims benefits.
b. Was able to work, available for work, actively seeking work, and registered for work.
c. Had no work and earnings except as entered on the form.
d. Such other information as is required thereby.

Continued claim, form nduc-217 shall renew the worker's registration for work and continue the worker's claim for benefits.

2.Continued claims filed by mail. Continued claims filed by mail, except those made by partially unemployed workers, shall be made on form nduc-217, continued claim, setting forth that for the week entered on the claim form the claimant:
a. Claims benefit.
b. Was able to work, available for work, actively seeking work, and registered for work.
c. Had no work and earnings except as entered on the form.
d. Such other information as is required thereby.

Form nduc-217 shall renew the worker's registration for work and continue the worker's claim for benefits. Form nduc-217, continued claim, shall be provided to the worker for each week of unemployment subsequent to the effective date of the worker's claim, however, no such claims may be authorized for waiting period credit or payment by the bureau until the worker has appeared in person at the local office of the bureau or at an itinerant point, when so directed, to complete the worker's registration for work and otherwise establish the worker's eligibility for benefits.

3.Frequency of filing continued claims for benefits. A claimant, except a partially unemployed worker, shall submit a continued claim, form nduc-217 in person or by mail to the local office of the bureau or to the central office of the bureau. If mailed, the postmark date appearing on the envelope shall constitute the date on which the continued claim is filed.
4.Reporting. A claimant shall report in person as directed by the bureau or its representatives. Failure to report shall result in ineligibility for benefits until such time as the claimant does report as directed.
5.Failure to report - Late filing of continued claims. If a claimant, except a partially unemployed worker, fails to renew the claimant's registration for work and continue the claimant's claim for benefits for a week of unemployment at the time specified by the bureau or its representative, the claimant's claim shall be denied; however, if such claimant is otherwise eligible and has shown good cause for having failed to file the claimant's continued claim at the specified time, the bureau shall accept a continued claim for benefits for such week if such claim is made on or prior to the claimant's next regularly established date for filing a continued claim. Furthermore, the bureau may authorize the acceptance of continued claims filed after the expiration of the grace period hereby provided for late filing of claims if it can be shown that the late filing of claims was due to a suspension of normal communication and transportation facilities, or due to no fault on the part of the claimant.

General Authority: NDCC 52-02-02

Law Implemented: NDCC 52-01-01(5), 52-01-01(21), 52-06-01, 52-06-08

N.D. Admin Code 27-03-04-02