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268.101 Determinations on disqualification and eligibility.

Subdivision 1. Notification. (a) Upon application for a reemployment insurance account, each claimant shall report the names of all employers and the reasons for no longer working for all employers during the claimant's last 30 days of employment.

(b) Upon establishment of a reemployment insurance account, the commissioner shall notify, by mail or electronic transmission, all employers the claimant was employed by during the claimant's last 30 days of employment prior to making an application and all base period employers and determined successors to those employers under section 268.051, subdivision 4. An employer shall have ten calendar days after the sending of the notice to make a protest in a manner prescribed by the commissioner raising any issue of disqualification or any issue of eligibility. An employer shall be informed of the effect that failure to timely protest may have on the employer charges. A protest made more than ten calendar days after sending of the notice shall be considered untimely.

(c) Each claimant shall report any employment, loss of employment, and offers of employment received, during those weeks the claimant made continued claims for benefits. Each claimant who stops making continued claims during the benefit year and later begins making continued claims during that same benefit year shall report the name of any employer the claimant worked for during the period between the making of continued claims, up to a period of the last 30 days of employment, and the reason the claimant stopped working for the employer. The claimant shall report any offers of employment during the period between the making of continued claims. Those employers from which the claimant has reported a loss of employment or an offer of employment pursuant to this paragraph shall be notified by mail or electronic transmission. An employer shall have ten calendar days after the sending of the notice to make a protest in a manner prescribed by the commissioner raising any issue of disqualification or any issue of eligibility. An employer shall be informed of the effect that failure to timely protest may have on the employer charges. A protest made more than ten calendar days after sending of the notice shall be considered untimely.

(d) The purpose for requiring the claimant to report the name of all employers and the reason for no longer working for all employers during the claimant's "last 30 days of employment" is for the commissioner to obtain information from a claimant on all issues that have the potential of disqualifying the claimant from benefits under section 268.095. If the reason given by the claimant for no longer working for an employer is a discharge, other than a layoff due to lack of work, the claimant shall be required to state all the facts about the cause of the discharge, if known.

Subd. 2. Disqualification determination. (a) The commissioner shall promptly determine any issue of disqualification raised by a timely protest made by an employer, and mail to the claimant and that employer at the last known address a determination of disqualification or a determination of nondisqualification, as is appropriate. The determination shall set forth the effect on employer charges.

(b) The commissioner shall promptly determine any issue of disqualification raised by information obtained from a claimant pursuant to subdivision 1, paragraph (a) or (c), and mail to the claimant and employer at the last known address a determination of disqualification or a determination of nondisqualification, as is appropriate. The determination shall set forth the effect on employer charges.

(c) The commissioner shall promptly determine any issue of disqualification raised by an untimely protest made by an employer and mail to the claimant and that employer at the last known address a determination of disqualification or a determination of nondisqualification as is appropriate. The determination shall set forth the effect on employer charges. Notwithstanding section 268.095, any disqualification imposed as a result of determination issued pursuant to this paragraph shall begin the Sunday two weeks following the week that the untimely protest was made. Notwithstanding any provisions to the contrary, any relief of employer charges as a result of a determination issued pursuant to this paragraph shall begin the Sunday two weeks following the week that the untimely protest was made.

(d) If any time within 24 months from the establishment of a reemployment insurance account the commissioner finds that a claimant failed to report any employment, loss of employment, or offers of employment that were required to be provided by the claimant under this section, the commissioner shall promptly determine any issue of disqualification on that loss of employment or offer of employment and mail to the claimant and involved employer at the last known address a determination of disqualification or a determination of nondisqualification, as is appropriate. The determination shall set forth the effect on employer charges.

This paragraph shall not apply if the involved employer was notified and given the opportunity to protest pursuant to subdivision 1, paragraph (b) or (c).

(e) A determination of disqualification or a determination of nondisqualification shall be final unless an appeal is filed by the claimant or notified employer within 30 calendar days after mailing. The determination shall contain a prominent statement indicating in clear language the method of appealing, the time within which an appeal must be made, and the consequences of not appealing. Proceedings on the appeal shall be conducted in accordance with section 268.105.

(f) An issue of disqualification for purposes of this section shall include any reason for no longer working for an employer other than a layoff due to lack of work, any question of a disqualification from benefits under section 268.095, any question of an exception to disqualification under section 268.095, any question of benefit charge to an employer under section 268.047, and any question of an otherwise imposed disqualification that a claimant has had subsequent earnings sufficient to satisfy the disqualification.

(g) Notwithstanding the requirements of this subdivision, the commissioner is not required to mail to a claimant a determination of nondisqualification where the claimant has had subsequent earnings sufficient to satisfy any otherwise potential disqualification.

Subd. 3. Eligibility determination. (a) The commissioner shall promptly determine any issue of eligibility raised by a timely protest made by an employer and mail to the claimant and that employer at the last known address a determination of eligibility or a determination of ineligibility, as is appropriate.

(b) The commissioner shall promptly determine any issue of eligibility raised by information obtained from a claimant and mail to the claimant and any involved employer at the last known address a determination of eligibility or a determination of ineligibility, as is appropriate.

(c) The commissioner shall promptly determine any issue of eligibility raised by an untimely protest made by an employer and mail to the claimant and that employer at the last known address a determination of eligibility or a determination of ineligibility, as is appropriate. Any denial of benefits imposed as a result of determination issued pursuant to this paragraph shall begin the Sunday two weeks following the week that the untimely protest was made.

(d) If any time within 24 months from the establishment of a reemployment insurance account the commissioner finds the claimant failed to provide requested information regarding the claimant's eligibility for benefits, the commissioner shall determine the issue of eligibility and mail to the claimant and any involved employer at the last known address a determination of eligibility or a determination of ineligibility, as is appropriate.

This paragraph shall not apply if the involved employer was notified, was aware, or should have been aware of the issue of eligibility at the time of notification, and was given the opportunity to protest pursuant to subdivision 1, paragraph (b) or (c).

(e) A determination of eligibility or determination of ineligibility shall be final unless an appeal is filed by the claimant or notified employer within 30 calendar days after mailing. The determination shall contain a prominent statement indicating in clear language the method of appealing, the time within which an appeal must be made, and the consequences of not appealing. Proceedings on the appeal shall be conducted in accordance with section 268.105.

(f) An issue of eligibility for purposes of this section shall include any question of denial of benefits under sections 268.085, 268.115, 268.125, 268.135, and 268.155.

Subd. 3a. Direct hearing. Notwithstanding any provision of sections 268.03 to 268.23, the commissioner may refer any issue of disqualification, any issue of eligibility, or any other issue, directly for hearing in accordance with section 268.105, subdivision 1. The status of the issue shall be the same as if a determination had been made and an appeal filed.

Subd. 4. Amended determination. Unless an appeal has been filed, the commissioner, on the commissioner's own motion, may reconsider a determination of disqualification or nondisqualification or a determination of eligibility or ineligibility that has not become final and issue an amended determination. An amended determination shall not be done at the request of a claimant or an employer. Any amended determination shall be mailed to the claimant and any involved employer at the last known address. Any amended determination shall be final unless an appeal is filed by the claimant or notified employer within 30 calendar days after mailing. Proceedings on the appeal shall be conducted in accordance with section 268.105.

Subd. 5. Prompt payment. If a determination or amended determination awards benefits to a claimant, the benefits shall be promptly paid regardless of any appeal period or any appeal having been filed.

Subd. 6. Overpayment. A determination or amended determination that holds a claimant disqualified or ineligible for benefits for periods a claimant has been paid benefits is an overpayment of those benefits subject to section 268.18.

HIST: 1996 c 417 s 21; 1997 c 66 s 55-58,79; 1998 c 265 s 30