52-01-02. Employing unit to keep records - Reports of employing unit - Public inspection prohibited - Exception - Penalty

52-01-02. Employing unit to keep records - Reports of employing unit - Public

inspection prohibited - Exception - Penalty.

All records, including electronic records as defined in section 9-16-01, of the employers

doing business in this state showing or reflecting in any way upon the amount of wage

expenditure by or upon payments for services performed for those employers are always open

for inspection by employees of job service North Dakota who are assigned responsibility to do

so for the purpose of ascertaining the correctness of the reports, wage expenditures, the

number of employees, and any other information necessary for the agency to administer this

title. An employer who refuses to submit the employer's records, including electronic records as

defined in section 9-16-01, for inspection by an identified and assigned employee of job service

North Dakota is subject to a civil penalty of five hundred dollars for each offense. The agency

shall collect the penalty by civil action in the name of the state and shall deposit any penalty

collected under this section to the credit of the fund established by section 52-04-22. Information

obtained pursuant to this section may not be published or be open to public inspection, other

than to public employees in the performance of their public duties, in any manner revealing the

employing unit's identity, but any claimant or the claimant's legal representative at a hearing

before a hearing officer or the agency must be supplied with information from such records to

the extent necessary for the proper presentation of the appeal.