Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2046
(Industry and Business Committee)
(At the request of Workforce Safety and Insurance)
AN ACT to create and enact a new section to chapter 65-04 of the North Dakota Century Code, relating
to eligibility for a one-time premium credit for North Dakota national guard, armed forces,
veterans, and a surviving spouse of a veteran; to amend and reenact section 65-04-32 of the
North Dakota Century Code, relating to decisions issued by electronic means; and to provide for
application.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 65-04 of the North Dakota Century Code is created and
enacted as follows:
Premium credit.
1.An active member of the North Dakota national guard or the armed forces as defined under
section 37 - 01 - 01, a veteran as defined under section 37 - 01 - 40, or a surviving spouse of a
veteran, is eligible for a one-time premium credit of up to two hundred fifty dollars. The
premium credit is available to a new account with the organization having active member,
veteran, or surviving spouse ownership of fifty percent or more.
2.The organization may implement rules for the administration of this section.
SECTION 2. AMENDMENT. Section 65-04-32 of the North Dakota Century Code is amended and
reenacted as follows:
65-04-32. Decisions by organization - Disputed decisions.
Notwithstanding any provisions to the contrary in chapter 28-32, the following procedures apply
when the organization issues a decision under this chapter or section 65-04-04.4:
1.The organization may issue a notice of decision based on an informal internal review of the
record and shall serveissue the notice of the decision on the parties by regular mail or
electronic means. The organization shall include with the decision a notice of the employer's
right to reconsideration.
2.An employer has forty-five days from the day the notice of decision was mailedissued by the
organization by regular mail or electronic means to file a written request for reconsideration.
The request for reconsideration is considered filed only upon receipt by the organization. The
employer is not required to file the request through an attorney. The request must state the
reason for disagreement with the organization's decision and the desired outcome. The
request may be accompanied by additional evidence not previously submitted to the
organization. The organization shall reconsider the matter by informal internal review of the
information of record. Absent a timely and sufficient request for reconsideration, the notice of
decision is final and may not be reheard or appealed.
3.After receiving a petition for reconsideration, unless settlement negotiations are ongoing, the
organization shall serve onissue to the parties by regular mail or electronic means, an
administrative order including its findings of fact, conclusions of law, and order, in response to
the petition for reconsideration. The organization may serve an administrative order on any
decision made by informal internal review without first issuing a notice of decision and
receiving a request for reconsideration. If the organization does not issue an order within sixty S. B. NO. 2046 - PAGE 2
days of receiving a request for reconsideration, a party may request, and the organization
shall promptly issue, an appealable determination.
4.A party has forty-five days from the date of serviceissuance of an administrative order to file a
written request for rehearing. The request must state specifically each alleged error of fact and
law to be reheard and the relief sought. Absent a timely and sufficient request for rehearing,
the administrative order is final and may not be reheard or appealed.
5.Rehearings must be conducted as hearings under chapter 28-32 to the extent that chapter
does not conflict with this section.
6.An employer may appeal a posthearing administrative order to district court in accordance
with chapter 65-10. Chapter 65-10 does not preclude the organization from appealing to
district court a final order issued by a hearing officer under this title.
SECTION 3. APPLICATION. Section 1 applies to new account applications received on or after
July 1, 2025. S. B. NO. 2046 - PAGE 3
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2046.
Senate Vote:Yeas 47 Nays 0 Absent 0
House Vote: Yeas 88 Nays 0 Absent 5
____________________________
Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State