34-15 Directory of New Hires
Download pdf
Loading PDF...
<![CDATA[CHAPTER 34-15DIRECTORY OF NEW HIRES34-15-01. Definitions. As used in this chapter:1."Department" means the department of human services.2."Employee" means an individual who would be determined to be an employee under<br>chapter 24 of the Internal Revenue Code of 1986, as amended [26 U.S.C. 3401 et<br>seq.], but does not include an employee of a federal or state agency performing<br>intelligence or counterintelligence functions, if the head of the agency has<br>determined that reporting under this chapter, with respect to that employee, could<br>endanger the safety of the employee or compromise an ongoing investigation or<br>intelligence mission.3."Employer" means an entity or individual who would be determined to be an<br>employer under section 3401(d) of the Internal Revenue Code of 1986, as amended<br>[26 U.S.C. 3401(d)], and includes any governmental entity and any labor<br>organization.4."Labor organization" means an organization treated as a labor organization under<br>section 2(5) of the National Labor Relations Act, as amended [29 U.S.C. 152(5)],<br>and includes any entity, including a "hiring hall", which is used by the organization<br>and an employer to carry out requirements, described in section 8(f)(3) of the<br>National Labor Relations Act, as amended [29 U.S.C. 158(f)(3)], of an agreement<br>between the organization and the employer.34-15-02. State directory of new hires - Duties and responsibilities. There is, withinthe department, a state directory of new hires.The state directory of new hires shall, inconformance with section 453A of the Social Security Act [42 U.S.C. 653A]:1.Receive reports made by employers;2.Enter information into a data base maintained by the state directory of new hires;3.Provide automated comparisons of employer report information and information<br>maintained in the state registry of cases being enforced under the state plan<br>approved under title IV-D of the Social Security Act [42 U.S.C. 651 et seq.] and<br>identify cases matched; and4.Transmit information received by the state directory of new hires to the national<br>directory of new hires.34-15-03. Employer reporting.1.Except as provided in subsections 2 and 3, each employer shall furnish to the<br>directory of new hires a report that contains the name, address, and social security<br>number of each employee newly hired for work within this state, and the employer's<br>name and address and the identifying number assigned under section 6109 of the<br>Internal Revenue Code of 1986, as amended [26 U.S.C. 6109], to the employer.2.An employer who has employees who are employed in two or more states, and who<br>transmits reports magnetically or electronically, may designate one state in which<br>the employer has employees and may transmit a report conforming to subsection 1<br>to that state. An employer who reports pursuant to this subsection must notify the<br>secretary of the United States department of health and human services, in writing,<br>of the state so designated.Page No. 13.Any department, agency, or instrumentality of the United States shall transmit a<br>report, conforming to subsection 1, to the national directory of new hires established<br>pursuant to section 453 of the Social Security Act [42 U.S.C. 653].4.a.Except as provided in subdivision b, a report required under this section must<br>be made no later than twenty days after the date the employer hires the<br>employee.b.If the employer transmits reports magnetically or electronically, a report<br>required under this section may be made by two monthly transmissions, if<br>necessary, not less than twelve nor more than sixteen days apart.34-15-04. Reporting format. Each employer report required by this chapter must bemade on a W-4 form, or, at the option of the employer, an equivalent form prescribed by the<br>state directory of new hires. The report may be transmitted by first-class mail or by any magnetic<br>or electronic means readable by the department, including facsimile transmission, electronic<br>mail, modem transmission, or other means of electronic communication.34-15-05. Civil money penalties.1.Except as provided in subsection 3, an employer who, after warning provided under<br>subsection 2, fails to file a timely, complete, and correct report required under this<br>chapter is liable for a civil money penalty of twenty dollars for each failure to report a<br>new hire.2.The department may issue a written warning to an employer who fails to file a timely,<br>complete, and correct report required under this chapter. The warning must state<br>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<br>timely, complete, and correct report required under this chapter or files a false or<br>incomplete report is liable for a civil money penalty of two hundred fifty dollars for<br>each failure to report or each false or incomplete report.34-15-06. Recovery of civil money penalties. A civil money penalty assessed underthis chapter is payable fifteen days after service on the employer, by first-class mail, of notice of<br>imposition of the civil money penalty. A judgment against an employer for failure to pay a civil<br>money penalty may be enforced as a contempt of court by any court of this state with jurisdiction<br>over the employer.34-15-07. Disposition of civil money penalties. A civil money penalty collected underthis chapter must be paid into the state treasury for deposit in the general fund.34-15-08. Confidentiality.1.Information derived from employer reports received and maintained by the directory<br>of new hires is confidential but must be made available for use by state agencies, in<br>this state and other states, administering:a.State plans under title IV-D of the Social Security Act [42 U.S.C. 651 et seq.];b.Programs specified in section 1137(b) of the Social Security Act [42 U.S.C.<br>1320b-7(b)];c.Employment security programs; andd.Workforce safety and insurance programs.Page No. 22.Information acquired under subsection 1 remains confidential subject to the<br>confidentiality requirements of the plans and programs identified in subsection 1.Page No. 3Document Outlinechapter 34-15 directory of new hires]]>