N.D. Admin. Code 27-04-01-10
The exercise of remedies upon the occurrence of any event of default described above is subject to applicable limitations of federal bankruptcy law.
If job service North Dakota determines that a business is in default and the default has not been cured within the time period stated in the contract, job service North Dakota may notify the state tax commissioner and the state treasurer to withhold state income tax withholding credit payments to the business without notice to the business.
No remedy conferred upon or reserved to job service North Dakota, the state tax commissioner, or the state treasurer by the Act, these rules, or the training agreement is intended to be exclusive of any other current or future remedies existing in law or equity or by statute.
Any delay or omission by job service North Dakota to exercise any right or power of the Act, these rules, or the training agreement does not relinquish or diminish authority to act and does not constitute a waiver of default status. Any such right or power may be exercised at any time required and as often as deemed expedient.
Unless required by these rules, neither job service North Dakota, the state tax commissioner, nor the state treasurer is required to provide written or other notice to the business regarding any circumstances related to and including a declaration of an event of default.
An event of any requirement of the Act, these rules, or the training agreement relating to a default should be reached by either party and then waived by the other party. Such waiver is limited to the specific breach being waived and has no bearing on any subsequent breach.
N.D. Admin Code 27-04-01-10
General Authority: S.L. 1993, Ch. 493
Law Implemented: S.L. 1993, Ch. 493, § 2