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Child Support Division

Employers: New Hire Reporting

Penalties

Employers who fail to comply with new hire reporting requirements are subject to civil money penalties set by state law. N.D.C.C. §§ 34-15-05, 34-15-06

34-15-05. Civil money penalties.

  1. Except as provided in subsection 3, an employer who, after warning provided under subsection 2, fails to file a timely, complete, and correct report required under this chapter is liable for a civil money penalty of twenty dollars for each failure to report a new hire.
  2. The department may issue a written warning to an employer who fails to file a timely, complete, and correct report required under this chapter. The warning must state that a failure to report may result in a civil money penalty.
  3. An employer who, by agreement between the employer and employee, fails to file a timely, complete, and correct report required under this chapter or files a false or incomplete report, is liable for a civil money penalty of two hundred fifty dollars for each failure to report or each false or incomplete report.

34-15-06. Recovery of civil money penalties. A civil money penalty assessed under this chapter is payable fifteen days after service on the employer, by first-class mail, of notice of imposition of the civil money penalty. If an order for child support was issued by a court in this state, failure to pay a civil money penalty may be punished as a contempt of court by the court that issued an order for child support imposed upon a newly hired employee whose hiring was not reported timely, completely, and correctly. If an order for child support was issued by a court or administrative tribunal in another state or if there is no current order for child support for the employee, failure to pay a civil money penalty may be punished as a contempt of court by any court of this state with jurisdiction over the employer.

 

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