§ 65-04-15 — Information in employer's files confidential - Exceptions - Penalty if employee of organization divulges information

employee of organization divulges information.
1. The information contained in an employer's file is confidential and not subject to
disclosure under chapter 44-04 and section 6 of article XI of the Constitution of North
Dakota, is for the exclusive use and information of the organization or its agents in the
discharge of the organization's official duties, and is not open to the public nor usable
in any court in any court action or proceeding unless the organization is a party to that
court action or proceeding. The information contained in the file, however, may be
tabulated and published by the organization in statistical form for the use and
information of the state departments and of the public.
2. An employer file includes all documents and data pertaining to a person that pays
premium to the organization, except for information relating to a grant award under
section 65-03-04 which the organization is specifically authorized to disclose or under
section 65-03-04 which does not disclose payroll or premium information as provided
in subsection 3.
3. Upon request, the organization shall disclose the rate classification of an employer to
the requester; however, the organization may not disclose any information that would
reveal the amount of payroll upon which that employer's premium is being paid or the
amount of premium the employer is paying. The organization may disclose whether an
employer's file is active, canceled, closed, pending, delinquent, or uninsured. The
information in the employer's file may not be released in aggregate form, except to
those persons contracting with the organization for exchange of information pertaining

to the administration of this title, except upon written authorization by the employer for
a specified purpose, or at the discretion of the organization with regard to delinquent
and uninsured employers. Disclosure by a public servant of information contained in
an employer's report, except as otherwise allowed by law, is a violation of section
12.1-13-01. Anyone who is convicted under section 12.1-13-01 is disqualified from
holding any office or employment with the organization.
4. The organization may provide employer file information to another employer, or the
authorized representative of another employer, in instances of employer account
transfers, in instances of consolidations, and for application of section 65-04-26.2.
5. The organization may, upon request of the state tax commissioner or the secretary of
state, furnish to them a list of employers showing only the names, addresses, and
organization file identification numbers of employers as those files relate to this
chapter; provided, that any list furnished must be used by the tax commissioner or the
secretary of state only for the purpose of administering their duties.
6. The organization may provide any state or federal agency, or any law enforcement
agency, information obtained pursuant to the administration of this title. Any
information so provided must be used only for the purpose of administering the duties
of that state or federal agency or law enforcement agency.
7. Whenever the organization obtains information on activities of a contractor doing
business in this state of which officials of the secretary of state, job service North
Dakota, or tax commissioner may be unaware and that may be relevant to the duties
of those officials, the organization may provide any relevant information to those
officials for the purpose of administering their duties.
8. The organization may provide any state agency or a private entity with a list of names
and addresses of employers for the purpose of jointly publishing or distributing
publications or other information pursuant to section 54-06-04.3. Any information so
provided may only be used for the purpose of jointly publishing or distributing
publications or other information as provided in section 54-06-04.3.