25-2-23
Section 25-2-23 Powers of secretary, officers of department and board of appeals as to witnesses.
The Secretary of Labor, any officer of the Department of Labor designated by the secretary
and the members of the board of appeals, in the performance of any function or duty or the
execution of any power prescribed by law, shall have the power to administer oaths, certify
to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, compel
the attendance of witnesses and the production of papers, books, accounts, payrolls, documents,
records and testimony. In the event of failure of any person to comply with any subpoena lawfully
issued, or on the refusal of any witness to produce evidence or to testify as to any matter
regarding which he may be lawfully interrogated, it shall be the duty of any court of competent
jurisdiction or of the judge thereof, upon the application of the Secretary of Labor or any
officer of the Department of Labor designated by the...
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25-4-97
Section 25-4-97 Powers of appeals tribunal, board of appeals and officers of Department of
Labor as to witnesses; witness fees. In the discharge of their duties under this chapter any
deputy, any appeals tribunal, any member of the board of appeals, and any officer of the Department
of Labor authorized and designated by the secretary shall have power to administer oaths,
certify to official acts, take and cause to be taken depositions of witnesses, issue and serve
subpoenas, compel the attendance of witnesses, and the production of papers, books, accounts,
payrolls, documents, records, and testimony. In the event of failure of any person to comply
with any subpoena lawfully issued, or on the refusal of any witness to produce evidence or
to testify as to any matter regarding which he may be lawfully interrogated, it shall be the
duty of any court of competent jurisdiction or of the judge thereof, upon the application
of the secretary or any officer of the Department of Labor designated...
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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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25-4-92
Section 25-4-92 Appeals tribunals - Appointment; procedure; when decisions final. (a) To hear
and decide disputed claims and other due process cases involving a division of the Department
of Labor, the secretary shall appoint one or more impartial appeals tribunals, consisting
in each instance of an officer or an employee of the Department of Labor. The appeals tribunals
shall be a separate division reporting to the secretary and shall be separate and apart from
the direction and control of other divisions of the Department of Labor. No person shall participate
in the hearing or disposition of any claim upon appeal thereof as an appeals tribunal, if
he has an interest therein. At any such hearing all testimony shall be taken down, but need
not be transcribed unless an appeal is applied for or taken. (b) The manner in which disputed
claims before appeals tribunals shall be presented and the conduct of hearings and appeals
before appeals tribunals shall be in accordance with regulations...
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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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25-4-94
Section 25-4-94 Powers and duties of board of appeals for Department of Labor. (a) The board
of appeals for the Department of Labor, created by Section 25-2-12, may, on its own motion
at any time before a decision of an appeals tribunal becomes final, affirm, modify, or set
aside any such decision on the basis of the evidence previously submitted in such case, or
direct the taking of additional evidence, or may permit any party in interest to initate an
appeal to it. The board of appeals may remove to itself or transfer to another appeals tribunal
the proceedings on any claim pending before an appeals tribunal. The board of appeals shall
promptly notify in writing the parties to any proceedings of its findings and decision, together
with the reasons therefor. (b) Unless the application for appeal described in subsection (c)
of Section 25-4-92 is granted by the board of appeals within 10 days after its filing with
it, the applicant may, within the following 10 days, take an appeal from...
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25-2-16
Section 25-2-16 Board of appeals - Promulgation, amendment, etc., of rules and regulations
- Proposals. Rules and regulations, or amendments or the repeal thereof, except those affecting
the administration of Chapter 4 of this title, may from time to time be proposed to the board
of appeals by the Secretary of Labor or any officer or employee of the Department of Labor
designated by him or any committee of employers, employees, and experts appointed by him for
that purpose. All such rules, regulations, and amendments shall be for the purpose of making
more definite and certain the duties of employers as set forth in this chapter, and any rule,
regulation or amendment, excepting those affecting administration of Chapter 4 of this title,
which does not conform to the standards herein set forth, shall be invalid. The Secretary
of Labor shall deliver to any person making application therefor a copy of all rules and regulations
as from time to time promulgated under any of the provisions of...
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25-2-22
Section 25-2-22 Employers to furnish information; access to records, accounts, etc., of employers.
Every employer or owner shall furnish to the Department of Labor or the board of appeals any
information which the Department of Labor or the board of appeals is authorized to require,
and shall make true and specific answers to all reasonable questions, whether submitted orally
or in writing, authorized to be put to him. The Secretary of Labor and any authorized representative
of the Department of Labor shall, for the purpose of examination, have access to and the right
to copy from any book, account, record, payroll, paper, or documents relating to the employment
of workers in such manner as may be reasonable and at reasonable times. Information secured
under the provisions of this section shall not be published or be open to public inspection
in any manner revealing the employer's or owner's identity; and any officer, member, or employee
of the Department of Labor or the board of...
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25-2-25
Section 25-2-25 Penalties for violations of chapter or rules or regulations of board of appeals;
false statements under oath. Any person who violates or fails or refuses to comply with any
requirement of this chapter or any lawful rule or regulation of the board of appeals adopted
pursuant thereto, for which no penalty has been otherwise provided, shall be guilty of a misdemeanor,
and upon conviction thereof shall be fined not less than $10.00 nor more than $100.00 or shall
be imprisoned for not more than six months, or both so fined and imprisoned, for each such
offense. Each day such violation, omission, failure, or refusal continues shall be deemed
a separate offense. Any person who shall knowingly testify falsely, under oath, or shall knowingly
make, give, or produce any false statement or false evidence under oath to the Secretary of
Labor, or an officer of the Department of Labor designated by him or to any member of the
board of appeals, shall be guilty of perjury. (Acts 1939,...
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16-24C-6
Section 16-24C-6 Termination of employment - Grounds for termination; procedures; appeals.
(a) Tenured teachers and nonprobationary classified employees may be terminated at any time
because of a justifiable decrease in the number of positions or for incompetency, insubordination,
neglect of duty, immorality, failure to perform duties in a satisfactory manner, or other
good and just cause, subject to the rights and procedures hereinafter provided. However, a
vote or decision to approve a recommended termination on the part of a president of a two-year
educational institution operated under the authority and control of the Department of Postsecondary
Education or the governing board shall not be made for political or personal reasons. (b)
The termination of a tenured teacher or nonprobationary classified employee who is not an
employee of a two-year educational institution operated under the authority and control of
the Department of Postsecondary Education shall be initiated by the...
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