North Dakota Code 65-04-19 – Organization to assign rate classifications, calculate premium, and determine premium due from employer – Audit – Notification of billing statement as notice of amount due
1. The organization shall assign rate classifications based on information provided to the organization by the employer or information gathered through the organization’s investigative process.
Terms Used In North Dakota Code 65-04-19
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. The organization shall determine the amount of premium due from every employer subject to this title for the twelve months next succeeding the date of expiration of a previous period of insurance or next succeeding the date at which the organization received information an employer is subject to the title.
3. The organization may calculate an employer’s premium without employer-supplied wages if the organization does not receive the employer’s payroll report or does not receive reliable and accurate payroll information from the employer. The organization’s premium calculation using the wage cap in effect per employee reported in the previous payroll report, using information obtained through the organization’s investigative process, or using data obtained from job service North Dakota is presumed accurate.
4. The organization may audit an employer conducting business in this state. Audit findings are applicable to the audited period and the subsequent payroll period only, unless the audit referral is made for a potential violation of section 65-04-33.
5. The organization shall send a copy of the billing statement to the employer. Sending the billing statement, by mail or electronically, constitutes notice to the employer of the amount due.