HF 784

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/06/2023 04:01pm

A bill for an act
relating to unemployment; modifying penalties for a misrepresentation
overpayment; extending opportunities to appeal; amending Minnesota Statutes
2022, sections 268.043; 268.069, subdivision 1; 268.07, subdivision 3a; 268.085,
subdivision 2; 268.101, subdivisions 1, 2, 4; 268.105, subdivisions 1a, 2, 3; 268.133;
268.18; repealing Minnesota Statutes 2022, section 268.183.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 268.043, is amended to read:

268.043 DETERMINATIONS OF COVERAGE.

(a) The commissioner, upon the commissioner's own motion or upon application of a
person, must determine if that person is an employer or whether services performed for it
constitute employment and covered employment, or whether any compensation constitutes
wages, and notify the person of the determination. The determination is final unless the
person files an appeal within deleted text begin 20 deleted text end new text begin 60 new text end calendar days after the commissioner sends the
determination by mail or electronic transmission. Proceedings on the appeal are conducted
in accordance with section 268.105.

(b) No person may be initially determined an employer, or that services performed for
it were in employment or covered employment, for periods more than four years before the
year in which the determination is made, unless the commissioner finds that there was
fraudulent action to avoid liability under this chapter.

Sec. 2.

Minnesota Statutes 2022, section 268.069, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

The commissioner must pay unemployment benefits
from the trust fund to an applicant who has met each of the following requirements:

(1) the applicant has filed an application for unemployment benefits and established a
benefit account in accordance with section 268.07;

(2) the applicant has not been held ineligible for unemployment benefits under section
268.095 because of a quit or discharge;

(3) the applicant has met all of the ongoing eligibility requirements under section 268.085; new text begin
and
new text end

(4) the applicant does not have an outstanding overpayment of unemployment benefits,
including any penalties deleted text begin or interest; and deleted text end new text begin .
new text end

deleted text begin (5) the applicant has not been held ineligible for unemployment benefits under section
268.183.
deleted text end

Sec. 3.

Minnesota Statutes 2022, section 268.07, subdivision 3a, is amended to read:

Subd. 3a.

Right of appeal.

(a) A determination or amended determination of benefit
account is final unless an applicant or base period employer within deleted text begin 20 deleted text end new text begin 60 new text end calendar days
after the sending of the determination or amended determination files an appeal. Every
determination or amended determination of benefit account must contain a prominent
statement indicating in clear language the consequences of not appealing. Proceedings on
the appeal are conducted in accordance with section 268.105.

(b) Any applicant or base period employer may appeal from a determination or amended
determination of benefit account on the issue of whether services performed constitute
employment, whether the employment is covered employment, and whether money paid
constitutes wages.

Sec. 4.

Minnesota Statutes 2022, section 268.085, subdivision 2, is amended to read:

Subd. 2.

Not eligible.

An applicant is ineligible for unemployment benefits for any week:

(1) that occurs before the effective date of a benefit account;

deleted text begin (2) that the applicant, at any time during the week, has an outstanding misrepresentation
overpayment balance under section 268.18, subdivision 2, including any penalties and
interest;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end that the applicant is incarcerated or performing court-ordered community service.
The applicant's weekly unemployment benefit amount is reduced by one-fifth for each day
the applicant is incarcerated or performing court-ordered community service;

deleted text begin (4) deleted text end new text begin (3) new text end that the applicant fails or refuses to provide information on an issue of ineligibility
required under section 268.101;

deleted text begin (5) deleted text end new text begin (4) new text end that the applicant is performing services 32 hours or more, in employment, covered
employment, noncovered employment, volunteer work, or self-employment regardless of
the amount of any earnings; or

deleted text begin (6) deleted text end new text begin (5) new text end with respect to which the applicant has filed an application for unemployment
benefits under any federal law or the law of any other state. If the appropriate agency finally
determines that the applicant is not entitled to establish a benefit account under federal law
or the law of any other state, this clause does not apply.

Sec. 5.

Minnesota Statutes 2022, section 268.101, subdivision 1, is amended to read:

Subdivision 1.

Notification.

(a) In an application for unemployment benefits, each
applicant must report the name and the reason for no longer working for the applicant's
most recent employer, as well as the names of all employers and the reasons for no longer
working for all employers during the six calendar months before the date of the application.
If the reason reported for no longer working for any of those employers is other than a layoff
because of lack of work, that raises an issue of ineligibility that the department must
determine. An applicant must report any offers of employment refused during the eight
calendar weeks before the date of the application for unemployment benefits and the name
of the employer that made the offer. An applicant's failure to report the name of an employer,
or giving an incorrect reason for no longer working for an employer, or failing to disclose
an offer of employment that was refused, is a violation of section deleted text begin 268.183 deleted text end new text begin 268.18 new text end .

In an application, the applicant must also provide all information necessary to determine
the applicant's eligibility for unemployment benefits under this chapter. If the applicant fails
or refuses to provide information necessary to determine the applicant's eligibility for
unemployment benefits, the applicant is ineligible for unemployment benefits under section
268.085, subdivision 2, until the applicant provides this required information.

(b) Upon establishment of a benefit account under section 268.07, subdivision 2, the
commissioner must notify, by mail or electronic transmission, all employers the applicant
was required to report on the application and all base period employers and determined
successors to those employers under section 268.051, subdivision 4, in order to provide the
employer an opportunity to raise, in a manner and format prescribed by the commissioner,
any issue of ineligibility. An employer must be informed of the effect that failure to raise
an issue of ineligibility as a result of a quit or discharge of the applicant, as provided for
under subdivision 2, paragraph (b), may have on the employer under section 268.047.

(c) Each applicant must report any employment, and loss of employment, and offers of
employment refused, during those weeks the applicant filed continued requests for
unemployment benefits under section 268.0865. Each applicant who stops filing continued
requests during the benefit year and later begins filing continued requests during that same
benefit year must report the name of any employer the applicant worked for during the
period between the filing of continued requests and the reason the applicant stopped working
for the employer. The applicant must report any offers of employment refused during the
period between the filing of continued requests for unemployment benefits. Those employers
from which the applicant has reported a loss of employment under this paragraph must be
notified by mail or electronic transmission and provided an opportunity to raise, in a manner
prescribed by the commissioner, any issue of ineligibility. An employer must be informed
of the effect that failure to raise an issue of ineligibility as a result of a quit or a discharge
of the applicant may have on the employer under section 268.047.

(d) The purpose for requiring the applicant to report the name of employers and the
reason for no longer working for those employers, or offers of employment refused, under
paragraphs (a) and (c) is for the commissioner to obtain information from an applicant
raising all issues that may result in the applicant being ineligible for unemployment benefits
under section 268.095, because of a quit or discharge, or the applicant being ineligible for
unemployment benefits under section 268.085, subdivision 13c. If the reason given by the
applicant for no longer working for an employer is other than a layoff because of lack of
work, that raises an issue of ineligibility and the applicant is required, as part of the
determination process under subdivision 2, paragraph (a), to state all the facts about the
cause for no longer working for the employer, if known. If the applicant fails or refuses to
provide any required information, the applicant is ineligible for unemployment benefits
under section 268.085, subdivision 2, until the applicant provides this required information.

Sec. 6.

Minnesota Statutes 2022, section 268.101, subdivision 2, is amended to read:

Subd. 2.

Determination.

(a) The commissioner must determine any issue of ineligibility
raised by information required from an applicant under subdivision 1, paragraph (a) or (c),
and send to the applicant and any involved employer, by mail or electronic transmission, a
document titled a determination of eligibility or a determination of ineligibility, as is
appropriate. The determination on an issue of ineligibility as a result of a quit or a discharge
of the applicant must state the effect on the employer under section 268.047. A determination
must be made in accordance with this paragraph even if a notified employer has not raised
the issue of ineligibility.

(b) The commissioner must determine any issue of ineligibility raised by an employer
and send to the applicant and that employer, by mail or electronic transmission, a document
titled a determination of eligibility or a determination of ineligibility as is appropriate. The
determination on an issue of ineligibility as a result of a quit or discharge of the applicant
must state the effect on the employer under section 268.047.

If a base period employer:

(1) was not the applicant's most recent employer before the application for unemployment
benefits;

(2) did not employ the applicant during the six calendar months before the application
for unemployment benefits; and

(3) did not raise an issue of ineligibility as a result of a quit or discharge of the applicant
within ten calendar days of notification under subdivision 1, paragraph (b);

then any exception under section 268.047, subdivisions 2 and 3, begins the Sunday two
weeks following the week that the issue of ineligibility as a result of a quit or discharge of
the applicant was raised by the employer.

A communication from an employer must specifically set out why the applicant should
be determined ineligible for unemployment benefits for that communication to be considered
to have raised an issue of ineligibility for purposes of this section. A statement of "protest"
or a similar term without more information does not constitute raising an issue of ineligibility
for purposes of this section.

(c) Subject to section 268.031, an issue of ineligibility is determined based upon that
information required of an applicant, any information that may be obtained from an applicant
or employer, and information from any other source.

(d) Regardless of the requirements of this subdivision, the commissioner is not required
to send to an applicant a copy of the determination where the applicant has satisfied a period
of ineligibility because of a quit or a discharge under section 268.095, subdivision 10.

(e) The department is authorized to issue a determination on an issue of ineligibility
within 24 months from the establishment of a benefit account based upon information from
any source, even if the issue of ineligibility was not raised by the applicant or an employer.

deleted text begin If an applicant obtained unemployment benefits through misrepresentation under section
268.18, subdivision 2, the department is authorized to issue a determination of ineligibility
within 48 months of the establishment of the benefit account.
deleted text end

If the department has filed an intervention in a worker's compensation matter under
section 176.361, the department is authorized to issue a determination of ineligibility within
48 months of the establishment of the benefit account.

(f) A determination of eligibility or determination of ineligibility is final unless an appeal
is filed by the applicant or employer within deleted text begin 20 deleted text end new text begin 60 new text end calendar days after sending. The
determination must contain a prominent statement indicating the consequences of not
appealing. Proceedings on the appeal are conducted in accordance with section 268.105.

(g) An issue of ineligibility required to be determined under this section includes any
question regarding the denial or allowing of unemployment benefits under this chapter
except for issues under section 268.07. An issue of ineligibility for purposes of this section
includes any question of effect on an employer under section 268.047.

Sec. 7.

Minnesota Statutes 2022, section 268.101, subdivision 4, is amended to read:

Subd. 4.

Amended determination.

Unless an appeal has been filed, the commissioner,
on the commissioner's own motion, may reconsider a determination of eligibility or
determination of ineligibility that has not become final and issue an amended determination.
Any amended determination must be sent to the applicant and any involved employer by
mail or electronic transmission. Any amended determination is final unless an appeal is
filed by the applicant or notified employer within deleted text begin 20 deleted text end new text begin 60 new text end calendar days after sending.
Proceedings on the appeal are conducted in accordance with section 268.105.

Sec. 8.

Minnesota Statutes 2022, section 268.105, subdivision 1a, is amended to read:

Subd. 1a.

Decision.

(a) After the conclusion of the hearing, upon the evidence obtained,
the unemployment law judge must make written findings of fact, reasons for decision, and
decision and send those, by mail or electronic transmission, to all parties. When the credibility
of a witness testifying in a hearing has a significant effect on the outcome of a decision, the
unemployment law judge must set out the reason for crediting or discrediting that testimony.
The unemployment law judge's decision is final unless a request for reconsideration is filed
under subdivision 2.

(b) If the appealing party fails to participate in the hearing, the unemployment law judge
has the discretion to dismiss the appeal by summary decision. By failing to participate, the
appealing party is considered to have failed to exhaust available administrative remedies
unless the appealing party files a request for reconsideration under subdivision 2 and
establishes good cause for failing to participate in the hearing. Submission of a written
statement does not constitute participation. The applicant must participate personally and
appearance solely by a representative does not constitute participation.

(c) The unemployment law judge must issue a decision dismissing the appeal as untimely
if the judge decides the appeal was not filed within deleted text begin 20 deleted text end new text begin 60 new text end calendar days after the sending
of the determination. The unemployment law judge may dismiss the appeal by summary
decision, or the judge may conduct a hearing to obtain evidence on the timeliness of the
appeal.

(d) Decisions of an unemployment law judge are not precedential.

Sec. 9.

Minnesota Statutes 2022, section 268.105, subdivision 2, is amended to read:

Subd. 2.

Request for reconsideration.

(a) Any party, or the commissioner, may within
deleted text begin 20 deleted text end new text begin 60 new text end calendar days of the sending of the unemployment law judge's decision under
subdivision 1a, file a request for reconsideration asking the judge to reconsider that decision.

(b) Upon a request for reconsideration having been filed, the chief unemployment law
judge must send a notice, by mail or electronic transmission, to all parties that a request for
reconsideration has been filed. The notice must inform the parties:

(1) that reconsideration is the procedure for the unemployment law judge to correct any
factual or legal mistake in the decision, or to order an additional hearing when appropriate;

(2) of the opportunity to provide comment on the request for reconsideration, and the
right under subdivision 5 to obtain a copy of any recorded testimony and exhibits offered
or received into evidence at the hearing;

(3) that providing specific comments as to a perceived factual or legal mistake in the
decision, or a perceived mistake in procedure during the hearing, will assist the
unemployment law judge in deciding the request for reconsideration;

(4) of the right to obtain any comments and submissions provided by any other party
regarding the request for reconsideration; and

(5) of the provisions of paragraph (c) regarding additional evidence.

This paragraph does not apply if paragraph (d) is applicable. Sending the notice does not
mean the unemployment law judge has decided the request for reconsideration was timely
filed.

(c) In deciding a request for reconsideration, the unemployment law judge must not
consider any evidence that was not submitted at the hearing, except for purposes of
determining whether to order an additional hearing.

The unemployment law judge must order an additional hearing if a party shows that
evidence which was not submitted at the hearing:

(1) would likely change the outcome of the decision and there was good cause for not
having previously submitted that evidence; or

(2) would show that the evidence that was submitted at the hearing was likely false and
that the likely false evidence had an effect on the outcome of the decision.

"Good cause" for purposes of this paragraph is a reason that would have prevented a
reasonable person acting with due diligence from submitting the evidence.

(d) If the party who filed the request for reconsideration failed to participate in the
hearing, the unemployment law judge must issue an order setting aside the decision and
ordering an additional hearing if the party who failed to participate had good cause for
failing to do so. The party who failed to participate in the hearing must be informed of the
requirement to show good cause for failing to participate. If the unemployment law judge
determines that good cause for failure to participate has not been shown, the judge must
state that in the decision issued under paragraph (f).

Submission of a written statement at the hearing does not constitute participation for
purposes of this paragraph.

"Good cause" for purposes of this paragraph is a reason that would have prevented a
reasonable person acting with due diligence from participating in the hearing.

(e) A request for reconsideration must be decided by the unemployment law judge who
issued the decision under subdivision 1a unless that judge:

(1) is no longer employed by the department;

(2) is on an extended or indefinite leave; or

(3) has been removed from the proceedings by the chief unemployment law judge.

(f) If a request for reconsideration is timely filed, the unemployment law judge must
issue:

(1) a decision affirming the findings of fact, reasons for decision, and decision issued
under subdivision 1a;

(2) a decision modifying the findings of fact, reasons for decision, and decision under
subdivision 1a; or

(3) an order setting aside the findings of fact, reasons for decision, and decision issued
under subdivision 1a, and ordering an additional hearing.

The unemployment law judge must issue a decision dismissing the request for
reconsideration as untimely if the judge decides the request for reconsideration was not
filed within deleted text begin 20 deleted text end new text begin 60 new text end calendar days after the sending of the decision under subdivision 1a.

The unemployment law judge must send to all parties, by mail or electronic transmission,
the decision or order issued under this subdivision. A decision affirming or modifying the
previously issued findings of fact, reasons for decision, and decision, or a decision dismissing
the request for reconsideration as untimely, is the final decision on the matter and is binding
on the parties unless judicial review is sought under subdivision 7.

Sec. 10.

Minnesota Statutes 2022, section 268.105, subdivision 3, is amended to read:

Subd. 3.

Withdrawal of an appeal.

(a) An appeal that is pending before an
unemployment law judge may be withdrawn by the appealing party, or an authorized
representative of that party, by filing of a notice of withdrawal. A notice of withdrawal may
be filed by mail or by electronic transmission.

(b) The appeal must, by order, be dismissed if a notice of withdrawal is filed, unless an
unemployment law judge directs that further proceedings are required for a proper result.
An order of dismissal issued as a result of a notice of withdrawal is not subject to
reconsideration or appeal.

(c) A party may file a new appeal after the order of dismissal, but the original
deleted text begin 20-calendar-day deleted text end new text begin 60-calendar-day new text end period for appeal begins from the date of issuance of the
determination and that time period is not suspended or restarted by the notice of withdrawal
and order of dismissal. The new appeal may only be filed by mail or facsimile transmission.

(d) For purposes of this subdivision, "appeals" includes a request for reconsideration
filed under subdivision 2.

Sec. 11.

Minnesota Statutes 2022, section 268.133, is amended to read:

268.133 UNEMPLOYMENT BENEFITS WHILE IN ENTREPRENEURIAL
TRAINING.

Unemployment benefits are available to dislocated workers participating in the converting
layoffs into Minnesota businesses (CLIMB) program under section 116L.17, subdivision
11. Applicants participating in CLIMB are considered in reemployment assistance training
under section 268.035, subdivision 21c. All requirements under section 268.069, subdivision
1, must be met, except the commissioner may waive:

(1) the deductible earnings provisions in section 268.085, subdivision 5; and

(2) the 32 hours of work limitation in section 268.085, subdivision 2, clause deleted text begin (5) deleted text end new text begin (4) new text end . A
maximum of 500 applicants may receive a waiver at any given time.

Sec. 12.

Minnesota Statutes 2022, section 268.18, is amended to read:

268.18 UNEMPLOYMENT BENEFIT OVERPAYMENTS.

Subdivision 1.

Repaying an overpayment.

(a) Any applicant who (1) because of a
determination or amended determination issued under section 268.07 or 268.101, or any
other section of this chapter, or (2) because of an unemployment law judge's decision under
section 268.105, has received any unemployment benefits that the applicant was held not
entitled to, is overpaid the benefits, and must promptly repay the benefits to the trust fund.

(b) If the applicant fails to repay the unemployment benefits overpaid, including any
penalty deleted text begin and interest deleted text end assessed under deleted text begin subdivisions deleted text end new text begin subdivision new text end 2 deleted text begin and 2b deleted text end , the total due may be
collected by the methods allowed under state and federal law.

Subd. 2.

Overpayment because of misrepresentation.

(a) An applicant has committed
misrepresentation if the applicant is overpaid unemployment benefits by making deleted text begin a deleted text end new text begin an
intentional new text end false statement or representation deleted text begin without deleted text end new text begin in an effort to fraudulently collect
benefits. Overpayment because of misrepresentation does not occur where there is
unintentional mistake or new text end a good faith belief as to the correctness of the statement or
representation.

new text begin (b) In reviewing the facts of an alleged misrepresentation, the department shall consider
any literacy, language, disability, and mental health barriers of the applicant. new text end After the
discovery of facts indicating misrepresentation, the commissioner must issue a determination
of overpayment penalty assessing a penalty equal to deleted text begin 40 deleted text end new text begin 15 new text end percent of the amount overpaid.
deleted text begin This penalty is in addition to penalties under section 268.183.
deleted text end

deleted text begin (b) deleted text end new text begin (c) new text end Unless the applicant files an appeal within deleted text begin 20 deleted text end new text begin 60 new text end calendar days after the sending
of a determination of overpayment penalty to the applicant by mail or electronic transmission,
the determination is final. Proceedings on the appeal are conducted in accordance with
section 268.105.

deleted text begin (c) deleted text end new text begin (d) new text end A determination of overpayment penalty must state the methods of collection the
commissioner may use to recover the overpayment deleted text begin , deleted text end new text begin and new text end penalty deleted text begin , and interest deleted text end assessed.
Money received in repayment of overpaid unemployment benefits deleted text begin , deleted text end new text begin and new text end penalties deleted text begin , and interest deleted text end
is first applied to the benefits overpaid, new text begin and new text end then to the penalty amount due deleted text begin , then to any
interest due deleted text end . 62.5 percent of the payments made toward the penalty are credited to the
contingent account and 37.5 percent credited to the trust fund.

deleted text begin (d) deleted text end new text begin (e) new text end The department is authorized to issue a determination of overpayment penalty
under this subdivision within 48 months of the establishment of the benefit account upon
which the unemployment benefits were obtained through misrepresentation.

deleted text begin Subd. 2b. deleted text end

deleted text begin Interest. deleted text end

deleted text begin On any unemployment benefits obtained by misrepresentation, and
any penalty amounts assessed under subdivision 2, the commissioner must assess interest
on any amount that remains unpaid beginning 30 calendar days after the date of a
determination of overpayment penalty. Interest is assessed at the rate of one percent per
month or any part of a month. A determination of overpayment penalty must state that
interest will be assessed. Interest is not assessed on unpaid interest. Interest collected under
this subdivision is credited to the trust fund.
deleted text end

Subd. 3a.

Offset of unemployment benefits.

(a) The commissioner may offset from
any future unemployment benefits otherwise payable the amount of deleted text begin a nonmisrepresentation deleted text end new text begin
an new text end overpayment. Except when the deleted text begin nonmisrepresentation deleted text end overpayment resulted because the
applicant failed to report deductible earnings or deductible or benefit delaying payments,
no single offset may exceed 50 percent of the amount of the payment from which the offset
is made.

(b) Overpayments of unemployment benefits under a federal program, may be recovered
by offset from future benefits otherwise payable.

(c) If an applicant has been overpaid unemployment benefits under the law of another
state, the commissioner may offset from future benefits otherwise payable the amount of
overpayment.

(d) deleted text begin Nonmisrepresentation deleted text end Unemployment benefit overpayments may be recovered by
offset from future benefits otherwise payable under a federal program.

Subd. 4.

Cancellation of overpayments.

(a) If unemployment benefits overpaid deleted text begin for
reasons other than misrepresentation deleted text end are not repaid or offset from subsequent benefits within
six years after the date of the determination or decision holding the applicant overpaid, the
commissioner must cancel the overpayment balance, and no administrative or legal
proceedings may be used to enforce collection of those amounts.

deleted text begin (b) If unemployment benefits overpaid because of misrepresentation including penalties
and interest are not repaid within ten years after the date of the determination of overpayment
penalty, the commissioner must cancel the overpayment balance and any penalties and
interest due, and no administrative or legal proceeding may be used to enforce collection
of those amounts.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The commissioner may cancel at any time any overpayment, including penalties
deleted text begin and interest deleted text end , that the commissioner determines is uncollectible because of death or
bankruptcy.

Subd. 4a.

Court fees; collection fees.

(a) If the department is required to pay any court
fees in an attempt to enforce collection of overpaid unemployment benefits deleted text begin , deleted text end new text begin or new text end penalties deleted text begin ,
or interest deleted text end , the amount of the court fees may be added to the total amount due.

(b) If an applicant who has been overpaid unemployment benefits because of
misrepresentation seeks to have any portion of the debt discharged under the federal
bankruptcy code, and the department files an objection in bankruptcy court to the discharge,
the cost of any court fees may be added to the debt if the bankruptcy court does not discharge
the debt.

(c) If the Internal Revenue Service assesses the department a fee for offsetting from a
federal tax refund the amount of any overpayment, including penalties deleted text begin and interest deleted text end , the
amount of the fee may be added to the total amount due. The offset amount must be put in
the trust fund and that amount credited to the total amount due from the applicant.

Subd. 5.

Remedies.

(a) Any method undertaken to recover an overpayment of
unemployment benefits, including any penalties deleted text begin and interest deleted text end , is not an election of a method
of recovery.

(b) Intervention or lack thereof, in whole or in part, in a workers' compensation matter
under section 176.361 is not an election of a remedy and does not prevent the commissioner
from determining an applicant ineligible for unemployment benefits.

Subd. 6.

Collection of overpayments.

(a) The commissioner may not compromise the
amount of any overpaid unemployment benefits including penalties deleted text begin and interest deleted text end .

(b) The commissioner has discretion regarding the recovery of any overpayment deleted text begin for
reasons other than misrepresentation deleted text end . Regardless of any law to the contrary, the commissioner
is not required to refer any overpayment deleted text begin for reasons other than misrepresentation deleted text end to a public
or private collection agency, including agencies of this state.

(c) Amounts overpaid deleted text begin for reasons other than misrepresentation deleted text end are not considered a
"debt" to the state of Minnesota for purposes of any reporting requirements to the
commissioner of management and budget.

(d) A pending appeal under section 268.105 does not suspend the assessment of deleted text begin interest, deleted text end
penalties deleted text begin , deleted text end or collection of an overpayment.

(e) Section 16A.626 applies to the repayment by an applicant of any overpayment deleted text begin , deleted text end new text begin or new text end
penalty deleted text begin , or interest deleted text end .

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 268.183, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H0784-1

268.183 APPLICANT ADMINISTRATIVE PENALTIES.

(a) Any applicant who makes a false statement or representation without a good faith belief as to the correctness of the statement or representation, in order to obtain or in an attempt to obtain unemployment benefits may be assessed, in addition to any other penalties, an administrative penalty of being ineligible for unemployment benefits for 13 to 104 weeks.

(b) A determination of ineligibility setting out the weeks the applicant is ineligible must be sent to the applicant by mail or electronic transmission. The department is authorized to issue a determination of ineligibility under this subdivision within 48 months of the establishment of the benefit account upon which the unemployment benefits were obtained, or attempted to be obtained. Unless an appeal is filed within 20 calendar days of sending, the determination is final. Proceedings on the appeal are conducted in accordance with section 268.105.