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268.086 CONTINUED BIWEEKLY REQUEST FOR UNEMPLOYMENT BENEFITS
ON AN ACTIVE BENEFIT ACCOUNT.
    Subdivision 1. Active benefit account. (a) A benefit account shall be considered active only
when an applicant files continued biweekly requests for unemployment benefits in the manner and
within the time periods prescribed. A benefit account shall be considered inactive if an applicant
stops filing a continued biweekly request or fails to file a continued biweekly request within the
time period required. The benefit account shall be considered inactive as of the Sunday following
the last week or biweekly period for which a continued biweekly request has been timely filed.
(b) A benefit account that is inactive shall be reactivated the Sunday of the week that
the applicant makes a contact with the department to do so, in the manner prescribed by the
commissioner for reactivating that applicant's benefit account. Upon specific request of an
applicant, a benefit account may be reactivated effective up to two weeks prior to the week the
applicant made contact with the department to reactivate.
    Subd. 2. Continued biweekly request for unemployment benefits defined. A continued
biweekly request for unemployment benefits is a certification by an applicant, done on a
biweekly basis, that the applicant is unemployed and meets the ongoing eligibility requirements
for unemployment benefits under section 268.085 for a specific week or two-week period.
A continued biweekly request shall include information on possible issues of eligibility and
disqualification in accordance with section 268.101, subdivision 1, paragraph (c).
    Subd. 3. Methods for filing continued biweekly requests for unemployment benefits.
(a) The commissioner shall designate to each applicant one of the following methods for filing a
continued biweekly request:
(1) by electronic transmission under subdivision 5;
(2) by mail under subdivision 6; or
(3) by in-person interview under subdivision 7.
(b) The method designated by the commissioner shall be the only method allowed for filing a
continued biweekly request by that applicant. An applicant may ask that one of the other allowed
methods be designated and the commissioner shall consider inconvenience to the applicant as well
as administrative capacity in determining whether to allow an applicant to change the designated
method for filing a continued biweekly request for unemployment benefits.
    Subd. 4.[Repealed, 2005 c 112 art 2 s 42]
    Subd. 5. Continued biweekly request for unemployment benefits by electronic
transmission. (a) A continued biweekly request for unemployment benefits by electronic
transmission shall be filed to that electronic mail address or Internet address prescribed by
the commissioner for that applicant. In order to constitute a continued biweekly request, all
information asked for, including information authenticating that the applicant is sending the
transmission, must be provided in the format required. If all of the information asked for is not
provided, the communication shall not constitute a continued biweekly request for unemployment
benefits.
The electronic transmission communication must be filed on the date required for the
applicant for filing a continued biweekly request by electronic transmission.
(b) If the electronic transmission continued biweekly request is not filed on the date required,
a continued biweekly request by electronic transmission shall be accepted if the applicant files
the continued biweekly request by electronic transmission within 14 days following the week in
which the date required occurred. If the continued biweekly request by electronic transmission is
not filed within 14 days following the week in which the date required occurred, the electronic
continued biweekly request shall not be accepted and the applicant shall be ineligible for
unemployment benefits for the period covered by the continued biweekly request and the benefit
account shall be considered inactive, unless the applicant shows good cause for failing to file the
continued biweekly request by electronic transmission within the time period required.
    Subd. 6. Continued biweekly request for unemployment benefits by mail. (a) A
continued biweekly request for unemployment benefits by mail shall be on a form prescribed
by the commissioner. The form, in order to constitute a continued biweekly request, must be
totally completed and signed by the applicant.
The form must be filed on the date required for the applicant for filing a continued biweekly
request by mail, in an envelope with postage prepaid thereon, and sent to the address required by
the commissioner for that applicant.
(b) If the mail continued biweekly request for unemployment benefits is not filed on the date
required, a continued biweekly request shall be accepted if the form is filed by mail within 14 days
following the week in which the date required occurred. If the form is not filed within 14 days
following the week in which the date required occurred, the form shall not be accepted and the
applicant shall be ineligible for unemployment benefits for the period covered by the continued
biweekly request for unemployment benefits and the benefit account shall be considered inactive,
unless the applicant shows good cause for failing to file the form by mail within the time period
required.
(c) If the applicant has been designated to file a continued biweekly request for
unemployment benefits by mail, an applicant may submit the form by facsimile transmission on
the day otherwise required for mailing, or within 14 days following the week in which the date
required occurred. A form submitted by facsimile transmission shall be sent only to the telephone
number assigned for that purpose.
(d) An applicant who has been designated to file a continued biweekly request by mail may
personally deliver a continued biweekly request form only to the location to which the form
was otherwise required to be mailed.
    Subd. 7. In-person continued biweekly request for unemployment benefits. The
commissioner may require any applicant who has been designated to make a continued biweekly
request for unemployment benefits by telephone, by electronic transmission, or by mail to appear
for a personal interview at a place, time, and date designated, during which a written continued
biweekly request for unemployment benefits form shall be completed and submitted by the
applicant.
An applicant shall be ineligible for unemployment benefits for the week or biweekly period
covered by a continued biweekly request and the benefit account shall be considered inactive if
the applicant fails, without good cause, to comply with the requirement that the applicant appear
for a personal interview and at that time complete and submit a written continued biweekly
request form.
    Subd. 8. Good cause. A continued biweekly request for unemployment benefits that is not
filed within the time periods required by this section shall be accepted only for those weeks that
the applicant has "good cause" for not filing within the time periods required.
    Subd. 9. Good cause defined. "Good cause" for purposes of this section is a compelling
substantial reason that would have prevented a reasonable person acting with due diligence from
filing a continued biweekly request for unemployment benefits within the time periods required.
"Good cause" shall not include forgetfulness, loss of the continued biweekly request form,
having returned to work, or inability to file a continued biweekly request for unemployment
benefits by the method designated if the applicant was aware of the inability and did not make
diligent effort to have the method of filing a continued biweekly request changed by the
commissioner. "Good cause" shall not include having previously made an attempt to file a
continued biweekly request for unemployment benefits but where the communication was not
considered a continued biweekly request because the applicant failed to submit all required
information.
History: 1999 c 107 s 43,66; 2000 c 343 s 4; 2001 c 175 s 36,37; 1Sp2003 c 3 art 2
s 10,20; 2005 c 112 art 2 s 22,23

Official Publication of the State of Minnesota
Revisor of Statutes