# Title 27 — Job Service North Dakota

## Article 27-03 — Unemployment Compensation Benefits

## Chapter 27-03-04 — Claims for Benefits for Intrastate Workers

### § 27-03-04-01. Initiation of a claim for benefits.

1. New claims filed in person. A new claim for benefits filed in person shall be initiated with a
representative of the bureau at any bureau office or with an itinerant representative of the
bureau. Such claim shall be made on the initial claim form, setting forth that the worker has
registered for work and requests determination of insured status and such other information
as is required by the form.
The effective date of a new claim filed in person, except those made by partially unemployed
workers, shall be as of the first day of the calendar week in which the worker registers for work
and makes the worker's claim for benefits. If an individual normally served by an itinerant
service office becomes unemployed during a week in which itinerant service is not scheduled,
the individual's claim may be backdated to the first day of the calendar week in which the
individual became unemployed if the individual appears on the next regularly scheduled
itinerant service date to register for work and file the individual's claim for benefits.
2. New claims filed by mail. The bureau or its representative may permit a worker living in an
isolated area to file by mail on form nduc-233, application for unemployment compensation
benefits, which form shall be mailed to the worker upon receipt of the worker's communication.
If such individual is determined to have insured status, the individual shall then be required to
appear in person at the individual's nearest local office of the public employment service as
directed, or at an itinerant point of such office on the first day that such itinerant point is open
subsequent to the individual's receipt of the determination, to complete the individual's
registration for work and to provide such other information as may be required.
The effective date of a new claim for benefits filed by mail shall be the first day of the calendar
week in which the individual so claiming mailed the individual's written application to the
bureau or its representative. The postmark date appearing on the envelope containing the
original request shall establish the calendar week in which the new claim is effective.
General Authority: NDCC 52-02-02
Law Implemented: NDCC 52-01-01(5), 52-01-01(21), 52-06-01, 52-06-08
### § 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
### § 27-03-04-03. Withdrawal of mail claim privilege.

The bureau or its representative reserves the right to withdraw the mail claim privilege granted to
claimants if circumstances warrant such action.
General Authority: NDCC 52-02-02
Law Implemented: NDCC 52-01-01(5), 52-01-01(21), 52-06-01, 52-06-08

### § 27-03-04-04. Reporting by mail after reemployment.

If a worker, except a partially unemployed worker, becomes employed in a week or immediately
following a week for which the worker may be eligible for benefits and such employment prevents the
worker from filing a continued claim, in accordance with regularly established continued claim filing
procedure, the worker may claim such benefits by mailing to the office at which the worker registered
for work and made the worker's claim for benefits, a report of such employment and all earnings
received in such week, in the form of a signed statement which shall constitute the worker's claim for
benefits for such week.
General Authority: NDCC 52-02-02
Law Implemented: NDCC 52-01-01(5), 52-01-01(21), 52-06-01, 52-06-08
### § 27-03-04-05. Permission to report at local office other than where claim filed.

The bureau, for reasons found to constitute good cause for an individual's inability to report at the
bureau office or itinerant service office at which the individual filed the individual's claim for benefits and
registered for work, may permit such individual to report to any other bureau office or itinerant service
office, utilized by the bureau.
General Authority: NDCC 52-02-02
Law Implemented: NDCC 52-01-01(5), 52-01-01(21), 52-06-01, 52-06-08
### § 27-03-04-06. Reinstating a claim for benefits - Additional or reopened.

1. Application for reinstatement. A claimant, except a partially unemployed worker, who has
not filed continued claim for two or more regularly established filing dates, shall apply for
reinstatement in accordance with the provisions set forth in section 27-03-04-01.
2. Reinstatement after employment. If a worker has not filed continued claims for benefits for
two or more regularly established filing dates and has been employed since last filing a claim
for benefits, an additional claim shall be completed on the additional or reopened claim form,
and separation information from the last employer shall be obtained.
3. Reinstatement without intervening employment. If a worker has not filed continued claims
for two or more regularly established filing dates but has had no employment since last filing a
claim for benefits, a reopened claim shall be filed on the additional or reopened claim form
giving the reason for the interruption in the claims series.
General Authority: NDCC 52-02-02
Law Implemented: NDCC 52-01-01(5), 52-01-01(21), 52-06-01, 52-06-08
### § 27-03-04-07. Responsibility of claimant to furnish information.

A claimant shall provide such information in connection with the claimant's claim for benefits as the
bureau or its representative deems necessary for the proper administration of the law. If a claimant fails
to submit information as requested by the bureau or its representative, within one week of the date on
which such information is requested, a determination will be made on the basis of information available
to the bureau.
General Authority: NDCC 52-02-02
Law Implemented: NDCC 52-01-01(5), 52-01-01(21), 52-06-01, 52-06-08
### § 27-03-04-08. Claimant reporting requirement - Periodic eligibility interviews.

A claimant who fails, without good cause, to report to a job service office as directed is not entitled
to benefits for the week in which such failure occurs and for every subsequent week until such time as

the claimant does report as directed. A claimant may be directed to report to a job service office for the
purpose of participating in periodic eligibility interviews. Job service shall establish a reasonable
frequency of periodic eligibility interviews giving consideration to the claimant's potential for being
recalled to work by the claimant's former employer and the claimant's prospects for obtaining work.
History: Effective December 1, 1988.
General Authority: NDCC 52-02-02
Law Implemented: NDCC 52-06-01(2)
