N.D. Admin. Code 92-01-02-49.1
A person may apply to the organization for a determination of whether that person is an employer as that term is defined by North Dakota Century Code title 65. A person claiming not to be an employer under the Workers' Compensation Act has the burden of proving by a preponderance of the evidence that the person is not an employer. The request for a determination must be in writing and must be supported by evidence of the employment status of the requesting party. If the party is asserting an independent contractor relationship, the party must submit copies of written contracts, if any, establishing the relationship. The organization may request, and the party shall provide promptly, any additional relevant information bearing on the issue of the employer status of the party. After review of the evidence, the organization shall issue its decision determining the employment status of the requesting party under North Dakota Century Code title 65. This determination is effective for no more than one year from the date of the decision and may be reconsidered or revoked at any time by the organization. The requesting party has a continuing obligation to notify the organization of any material change in that party's business relationships, and a failure to notify the organization of a material change shall nullify the organization's certification as of the date of the change.
N.D. Admin Code 92-01-02-49.1
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-09-01