2006 Minnesota Statutes

268.101 DETERMINATIONS ON ISSUES OF DISQUALIFICATION AND ELIGIBILITY.
    Subdivision 1. Notification. (a) In an application for unemployment benefits, each applicant
shall 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 prior to the date of the application. If the reason
reported for no longer working for any of those employers is other than a layoff due to lack of
work, that shall raise an issue of disqualification that the department shall determine. An applicant
shall report any offers of employment refused during the eight calendar weeks prior to 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, shall be
considered a violation of section 268.182, subdivision 2.
In an application, the applicant shall also provide all information necessary to determine the
applicant's eligibility for unemployment benefits under section 268.085. If the applicant fails or
refuses to provide information necessary to determine the applicant's eligibility for unemployment
benefits under section 268.085, the applicant shall be ineligible for unemployment benefits under
section 268.085, subdivision 2, until the applicant provides this required information.
(b) Upon establishment of a benefit account, the commissioner shall 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 prescribed by
the commissioner, any issue of disqualification or any issue of eligibility. An employer shall be
informed of the effect that failure to raise an issue of disqualification within ten calendar days
after sending of the notice, as provided for under subdivision 2, paragraph (b), may have on
the employer under section 268.047.
(c) Each applicant shall report any employment, loss of employment, and offers of
employment refused, during those weeks the applicant filed continued biweekly requests for
unemployment benefits pursuant to section 268.086. Each applicant who stops filing continued
biweekly requests during the benefit year and later begins filing continued biweekly requests
during that same benefit year shall report the name of any employer the applicant worked for
during the period between the filing of continued biweekly requests and the reason the applicant
stopped working for the employer. The applicant shall report any offers of employment refused
during the period between the filing of continued biweekly requests for unemployment benefits.
Those employers from which the applicant has reported a loss of employment pursuant to this
paragraph shall be notified by mail or electronic transmission and provided an opportunity to
raise, in a manner prescribed by the commissioner, any issue of disqualification or any issue of
eligibility. An employer shall be informed of the effect that failure to raise an issue 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 have
the potential of disqualifying the applicant from unemployment benefits under section 268.095, 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
due to lack of work, that shall raise an issue of disqualification and the applicant shall be 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 shall be ineligible for unemployment benefits
under section 268.085, subdivision 2, until the applicant provides this required information.
    Subd. 2. Disqualification determination. (a) The commissioner shall determine any
issue of disqualification raised by information required from an applicant under subdivision 1,
paragraph (a) or (c), and send to the applicant and employer, by mail or electronic transmission,
a determination of disqualification or a determination of nondisqualification, as is appropriate.
The determination shall state the effect on the employer under section 268.047. A determination
shall be made pursuant to this paragraph even if a notified employer has not raised the issue of
disqualification.
(b) The commissioner shall determine any issue of disqualification raised by an employer
and send to the applicant and that employer, by mail or electronic transmission, a determination of
disqualification or a determination of nondisqualification as is appropriate. The determination
shall state the effect on the employer under section 268.047.
If a base period employer:
(1) was not the applicant's most recent employer prior to the application for unemployment
benefits;
(2) did not employ the applicant during the six calendar months prior to the application for
unemployment benefits; and
(3) did not raise an issue of disqualification within ten calendar days of notification under
subdivision 1, paragraph (b);
then any exception under section 268.047, subdivisions 2 and 3, shall begin the Sunday two weeks
following the week that the issue of disqualification was raised by the employer.
(c) If any time within 24 months from the establishment of a benefit account the
commissioner finds that an applicant failed to report any employment, or loss of employment
that was required to be provided by the applicant under this section, the commissioner shall
determine any issue of disqualification on that loss of employment and send to the applicant and
involved employer, by mail or electronic transmission, a determination of disqualification or a
determination of nondisqualification, as is appropriate. The determination shall state the effect on
the employer under section 268.047.
This paragraph shall not prevent the imposition of any penalty under section 268.18,
subdivision 2 , or 268.182.
(d) An issue of disqualification shall be 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, without regard to any common law burden of proof.
(e) A determination of disqualification or a determination of nondisqualification shall be
final unless an appeal is filed by the applicant or notified employer within 30 calendar days after
sending. The determination shall contain a prominent statement indicating 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 unemployment benefits under section 268.095, any question of an exception
to disqualification under section 268.095, any question of effect on an employer under section
268.047, and any question of an otherwise imposed disqualification that an applicant has satisfied
under section 268.095, subdivision 10.
(g) Regardless of the requirements of this subdivision, the commissioner is not required to
send to an applicant a determination where the applicant has satisfied any otherwise potential
disqualification under section 268.095, subdivision 10.
    Subd. 3. Eligibility determination. (a) The commissioner shall determine any issue of
eligibility raised by an employer, and send to the applicant and that employer, by mail or electronic
transmission, a determination of eligibility or a determination of ineligibility, as is appropriate.
(b) The commissioner shall determine any issue of eligibility raised by information obtained
from an applicant and send to the applicant, by mail or electronic transmission, a determination of
eligibility or a determination of ineligibility, as is appropriate. A determination shall be made
pursuant to this paragraph even if a notified employer has not raised the issue of eligibility.
(c) If any time within 24 months from the establishment of a benefit account the
commissioner finds the applicant failed to provide, on an application for unemployment benefits
or on a continued biweekly request for unemployment benefits, requested information on an
issue of eligibility, the commissioner shall determine the issue of eligibility and send to the
applicant, by mail or electronic transmission, a determination of eligibility or a determination of
ineligibility, as is appropriate.
This paragraph shall not prevent the imposition of a penalty under section 268.18,
subdivision 2 , or 268.182.
(d) A determination of eligibility or determination of ineligibility shall be final unless an
appeal is filed by the applicant or notified employer within 30 calendar days after sending. The
determination shall contain a prominent statement indicating the consequences of not appealing.
Proceedings on the appeal shall be conducted in accordance with section 268.105.
(e) An issue of eligibility for purposes of this section shall include any question regarding
the denial or allowing of unemployment benefits under sections 268.085, 268.086, 268.115,
268.125, 268.135, and 268.155.
(f) Only if an employer raised the issue of eligibility shall the employer be: (1) sent the
determination of eligibility or a determination of ineligibility, or (2) considered an involved
employer for purposes of an appeal under section 268.105.
    Subd. 3a. Direct hearing. Regardless of any provision of the Minnesota Unemployment
Insurance Law, the commissioner or an unemployment law judge may, prior to a determination
being made under this chapter, refer any issue of disqualification, any issue of eligibility, or any
other issue under this chapter, 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. Any amended determination shall be sent to the applicant and
any involved employer by mail or electronic transmission. Any amended determination shall be
final unless an appeal is filed by the applicant or notified employer within 30 calendar days after
sending. Proceedings on the appeal shall be conducted in accordance with section 268.105.
    Subd. 5. Unemployment benefit payment. If a determination or amended determination
allows unemployment benefits to an applicant, the unemployment benefits shall be paid regardless
of any appeal period or any appeal having been filed.
    Subd. 6. Overpayment. A determination or amended determination that holds an applicant
disqualified or ineligible for unemployment benefits for periods an applicant has been paid
benefits is considered an overpayment of those unemployment benefits under section 268.18,
subdivision 1 .
    Subd. 7.[Renumbered 268.19, subd 2]
History: 1996 c 417 s 21; 1997 c 66 s 55-58,79; 1998 c 265 s 30; 1999 c 107 s 45,66;
2000 c 343 s 4; 2001 c 175 s 42,43,52; 1Sp2003 c 3 art 2 s 20; 2004 c 183 s 66-69; 2005 c
112 art 2 s 30-32,41