governing. An employer's rate for a calendar year must be determined on the basis of the employer's experience with contribution payments and benefit charges as of October first of the preceding year. If, when such determination is to be made, an employer has failed to file a required report or filed an insufficient report, job service North Dakota shall notify the employer thereof by certified mail addressed to the employer's last -known address. Unless the employer files the report or a sufficient report within fifteen days after mailing of the notice, the employer's rate for the following calendar year must be set as follows: 1. Experience-rated positive employers must be assigned the negative employer minimum rate. 2. Experience-rated negative employers must be assigned the negative employer maximum rate. 3. New positive nonconstruction employers must be assigned the negative employer minimum rate. 4. New positive construction employers must be assigned the negative employer maximum rate. 5. New negative employers must be assigned the negative employer maximum rate. If, at any time, an employer has failed to file a required report or filed an insufficient report, job service North Dakota may, at any time, estimate the wage information required by the report on the basis of reasonably available evidence. Job service North Dakota shall notify the employer of the estimate by certified mail addressed to the employer's last -known address. Unless the employer files the report or a sufficient report within fifteen days after the mailing of the notice, the estimate becomes final for all purposes, except that if the amount of estimated wages is less than the actual wages, job service North Dakota may reconsider the estimate.
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