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Minnesota Legislature

Office of the Revisor of Statutes

268.086 CONTINUED REQUEST FOR UNEMPLOYMENT BENEFITS ON AN ACTIVE
BENEFIT ACCOUNT.
    Subdivision 1. Active benefit account. (a) A benefit account is considered active only when
an applicant files continued requests for unemployment benefits in the manner and within the
time periods prescribed. A benefit account is considered inactive if an applicant stops filing a
continued request or fails to file a continued request within the time period required. The benefit
account is considered inactive as of the Sunday following the last week or biweekly period for
which a continued request has been timely filed.
    (b) A benefit account that is inactive is 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 before the week the applicant made contact
with the department to reactivate.
    Subd. 2. Continued request for unemployment benefits defined. A continued request
for unemployment benefits is a certification by an applicant, done on a weekly or biweekly
basis as the commissioner designates, 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 request must include information on possible issues of ineligibility
in accordance with section 268.101, subdivision 1, paragraph (c).
    Subd. 3. Methods for filing continued requests for unemployment benefits. (a) The
commissioner shall designate to each applicant one of the following methods for filing a
continued 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 is the only method allowed for filing a
continued 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 request for unemployment benefits.
    Subd. 4.[Repealed, 2005 c 112 art 2 s 42]
    Subd. 5. Continued request for unemployment benefits by electronic transmission. (a)
A continued request for unemployment benefits by electronic transmission must be filed to that
electronic mail address, telephone number, or Internet address prescribed by the commissioner
for that applicant. In order to constitute a continued 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 does
not constitute a continued request for unemployment benefits.
    The electronic transmission communication must be filed on the date required for the
applicant for filing a continued request by electronic transmission.
    (b) If the electronic transmission continued request is not filed on the date required, a
continued request by electronic transmission must be accepted if the applicant files the continued
request by electronic transmission within 14 calendar days following the week in which the date
required occurred. If the continued request by electronic transmission is not filed within 14
calendar days following the week in which the date required occurred, the electronic continued
request must not be accepted and the applicant is ineligible for unemployment benefits for the
period covered by the continued request and the benefit account is considered inactive, unless the
applicant shows good cause for failing to file the continued request by electronic transmission
within the time period required.
    Subd. 6. Continued request for unemployment benefits by mail. (a) A continued request
for unemployment benefits by mail must be on a form prescribed by the commissioner. The form,
in order to constitute a continued 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 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 request for unemployment benefits is not filed on the date required, a
continued request must be accepted if the form is filed by mail within 14 calendar days following
the week in which the date required occurred. If the form is not filed within 14 calendar days
following the week in which the date required occurred, the form will not be accepted and the
applicant is ineligible for unemployment benefits for the period covered by the continued request
for unemployment benefits and the benefit account is 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 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 calendar days following the week in which the date required
occurred. A form submitted by facsimile transmission must be sent only to the telephone number
assigned for that purpose.
    (d) An applicant who has been designated to file a continued request by mail may personally
deliver a continued request form only to the location to which the form was otherwise required to
be mailed.
    Subd. 7. In-person continued request for unemployment benefits. The commissioner may
require any applicant who has been designated to make a continued request for unemployment
benefits by electronic transmission or by mail to appear for a personal interview at a place, time,
and date designated, during which a written continued request for unemployment benefits form
must be completed and submitted by the applicant.
    An applicant is ineligible for unemployment benefits for the week or biweekly period
covered by a continued request and the benefit account is 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 request form.
    Subd. 8. Good cause. A continued request for unemployment benefits that is not filed within
the time periods required by this section may 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 request for unemployment benefits within the time periods required.
    "Good cause" does not include forgetfulness, loss of the continued request form, having
returned to work, or inability to file a continued 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 request changed by the commissioner. "Good cause" does not
include having previously made an attempt to file a continued request for unemployment benefits
but where the communication was not considered a continued 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; 2007 c 128 art 3 s 16,17,24; art 6 s 62-67