1. When an
employment opportunity suited to an employee's education, experience, and
marketable skills is identified within thirty-five miles [56.33 kilometers]
from the employee's home, the appropriate priority option must be identified as
return to related occupation in the local job pool under subdivision e of
subsection 4 of North Dakota Century Code section 65-05.1-01, and relocation
expense under subsection 3 of North Dakota Century Code section 65-05.1-06.1
may not be paid.
2. The
organization may award services to move an employee's household where the
employee has actually located work under subdivision f of subsection 2 of North
Dakota Century Code section 65-05.1-06.1 or under subsection 3 of North Dakota
Century Code section 65-05.1-06.1 only when the employee identifies the job the
employee will perform, the employee's employer, and the employee's destination.
A relocation award must be the actual cost of moving the household to the
location where work has been obtained. A minimum of two bids detailing the
costs of relocation must be submitted to the organization for approval prior to
incurring the cost. The organization shall pay per diem expenses, as set forth
under subsection 2 of North Dakota Century Code section 65-05-28, for the
employee only. Reimbursement for mileage expenses may not be paid for more than
one motor vehicle.
3. When the
rehabilitation award is for retraining, the organization shall pay the actual
cost of books, tuition, and school supplies required by the school. The school
must provide documentation of the costs necessary for completion of the program
in which the employee is enrolled. Reimbursable school costs may not exceed
those charged to other students participating in the same program.
The award for school supplies may not exceed twenty-five
dollars per quarter or fifty dollars per semester unless the employee obtains
prior approval of the organization by showing that the expenses are reasonable
and necessary. A rehabilitation award for retraining may include tutoring
assistance to employees who require tutoring to maintain a passing
grade.
Payment of tutoring services will be authorized when these
services are not available as part of the training program.
The award for tutoring services may not exceed the usual and
customary rate established by the school. Expenses such as association dues or
subscriptions may be reimbursed only if that expense is a course
requirement.
4. An award
for retraining which includes an additional rehabilitation allowance as
provided in subdivision b of subsection 2 of North Dakota Century Code section
65-05.1-06.1 may continue only while the employee is actually enrolled or
participating in the training program.
5. An award of a specified number of weeks of
training means training must be completed during the specified period of weeks,
and rehabilitation benefits may be paid only for the specified number of weeks
of training.
6. The organization
may reimburse an employee's travel and personal expenses for attendance at an
adult learning center or skill enhancement program at the request of the
employee and upon the approval of the organization. All claims for
reimbursement must be supported by the original vendor receipt, when
appropriate, and must be submitted within one year of the date the expense was
incurred. The organization shall reimburse these expenses at the rates in
effect on the date of travel or the date the expense was incurred at which
state employees are paid per diem and mileage, or reimburse the actual cost of
meals and lodging plus mileage, whichever is less. The calculation for
reimbursement for travel by motor vehicle must be calculated using miles
actually and necessarily traveled. The number of miles actually traveled is
rebuttably presumed to be the least number of miles listed by Google Maps
between the start and end points of travel. The organization may not reimburse
mileage or travel expenses when the distance traveled is less than fifty miles
[80.47 kilometers] one way, unless the total mileage in a calendar month equals
or exceeds two hundred miles [321.87 kilometers].
7. The organization may pay for retraining
equipment required by an institution of higher education or an institution of
technical education on behalf of a student attending that institution. The
organization will award retraining candidates one thousand two hundred dollars
for the purchase of computer, warranty, software, maintenance, and internet
access. Securing and maintaining these items are the injured employee's
responsibility. Failure to maintain or secure these items does not constitute
good cause for noncompliance with vocational rehabilitation. Improper
maintenance of the equipment does not constitute good cause for noncompliance
with vocational rehabilitation.
8.
The organization may provide certain selected services to assist an injured
employee and the injured employee's family with coping and financial strategies
while in the recovery process. The recovery process includes the medical
recovery, the ability to return to gainful employment, and the need for
financial stability. The services may include up to six sessions with a
contracted behavioral health professional, and up to four sessions with a
contracted financial services professional. Injured employee participation in
these sessions is voluntary. The granting or denial of contemplated services is
not appealable, and costs of the program will be made against the general
fund.
Notes
N.D. Admin Code 92-01-02-24
Effective November 1,
1991; amended effective January 1, 1996; April 1, 1997; February 1, 1998; May
1, 2002; July 1, 2006; July 1, 2010; April 1, 2012.
Amended by
Administrative
Rules Supplement 2016-360, April 2016, effective
4/1/2016.
Amended by
Administrative
Rules Supplement 2017-365, July 2017, effective
7/1/2017.
Amended by
Administrative
Rules Supplement 2021-383, January 2022, effective
1/1/2022.
Amended by
Administrative
Rules Supplement 2023-391, January 2024, effective
1/1/2024.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-05.1, 65-05.1-01(2),
65-05.1-06.3