N.D.C.C. Chapter 34-15: Directory of New Hires
Official text of N.D.C.C. Chapter 34-15: Directory of New Hires - (14kb pdf)
- 34-15-01. Definitions.
- As used in this chapter:
- "Department" means the department of human services.
- "Employee" means an individual who would be determined to be an employee under
Chapter 24 of the Internal Revenue Code of 1986, as amended [26 U.S.C. 3401 et
seq.], but does not include an employee of a federal or state agency performing
intelligence or counterintelligence functions, if the head of the agency has
determined that reporting under this chapter, with respect to that employee, could
endanger the safety of the employee or compromise an ongoing investigation or
- "Employer" means an entity or individual who would be determined to be an
employer under section 3401(d) of the Internal Revenue Code of 1986, as amended
[26 U.S.C. 3401(d)], and includes any governmental entity and any labor
- "Labor organization" means an organization treated as a labor organization under
section 2(5) of the National Labor Relations Act, as amended [29 U.S.C. 152(5)],
and includes any entity, including a "hiring hall", which is used by the organization
and an employer to carry out requirements, described in section 8(f)(3) of the
National Labor Relations Act, as amended [29 U.S.C. 158(f)(3)], of an agreement
between the organization and the employer.
- 34-15-02. State directory of new hires - Duties and responsibilities.
- There is, within
the department, a state directory of new hires. The state directory of new hires shall, in
conformance with section 453A of the Social Security Act [42 U.S.C. 653A]:
- Receive reports made by employers;
- Enter information into a data base maintained by the state directory of new hires;
- Provide automated comparisons of employer report information and information
maintained in the state registry of cases being enforced under the state plan
approved under title IV-D of the Social Security Act [42 U.S.C. 651 et seq.] and
identify cases matched; and
- Transmit information received by the state directory of new hires to the national
directory of new hires.
- 34-15-03. Employer reporting.
- Except as provided in subsections 2 and 3, each employer shall furnish to the
directory of new hires a report that contains the name, address, and social security
number of each employee newly hired for work within this state, and the employer's
name and address and the identifying number assigned under section 6109 of the
Internal Revenue Code of 1986, as amended [26 U.S.C. 6109], to the employer.
- An employer who has employees who are employed in two or more states, and who
transmits reports magnetically or electronically, may designate one state in which
the employer has employees and may transmit a report conforming to subsection 1
to that state. An employer who reports pursuant to this subsection must notify the
secretary of the United States department of health and human services, in writing,
of the state so designated.
- Any department, agency, or instrumentality of the United States shall transmit a
report, conforming to subsection 1, to the national directory of new hires established
pursuant to section 453 of the Social Security Act [42 U.S.C. 653].
- Except as provided in subdivision b, a report required under this section must
be made no later than twenty days after the date the employer hires the
- If the employer transmits reports magnetically or electronically, a report
required under this section may be made by two monthly transmissions, if
necessary, not less than twelve nor more than sixteen days apart.
- 34-15-04. Reporting format.
- Each employer report required by this chapter must be
made on a W-4 form, or, at the option of the employer, an equivalent form prescribed by the
state directory of new hires. The report may be transmitted by first-class mail or by any magnetic
or electronic means readable by the department, including facsimile transmission, electronic
mail, modem transmission, or other means of electronic communication.
- 34-15-05. Civil money penalties.
- 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
- 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.
- 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. A judgment against an employer for failure to pay a civil
money penalty may be enforced as a contempt of court by any court of this state with jurisdiction
over the employer.
- 34-15-07. Disposition of civil money penalties.
- A civil money penalty collected under
this chapter must be paid into the state treasury for deposit in the general fund.
- 34-15-08. Confidentiality.
- Information derived from employer reports received and maintained by the directory
of new hires is confidential but must be made available for use by state agencies, in
this state and other states, administering:
- State plans under title IV-D of the Social Security Act [42 U.S.C. 651 et seq.];
- Programs specified in section 1137(b) of the Social Security Act [42 U.S.C.
- Employment security programs; and
- Workforce safety and insurance programs.
- Information acquired under subsection 1 remains confidential subject to the
confidentiality requirements of the plans and programs identified in subsection 1.