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Minnesota Legislature

Office of the Revisor of Statutes

268.101 DETERMINATIONS ON ISSUES OF INELIGIBILITY.
    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 268.182, subdivision 2.
    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 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 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, 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 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 268.086. 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.
    Subd. 2. Determination. (a) The commissioner shall 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
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 shall determine any issue of ineligibility 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. 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) 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, without regard to any burden of proof.
    (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 any otherwise
period of ineligibility because of a quit or a discharge under section 268.095, subdivision 10.
    (e) The commissioner may issue a determination on an issue of ineligibility at any time
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.
    This paragraph does not prevent the imposition of a penalty under section 268.18,
subdivision 2
, or 268.182.
    (f) A determination of eligibility or determination of ineligibility is final unless an appeal
is filed by the applicant or notified employer within 20 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.
    (h) Except for issues of ineligibility as a result of a quit or discharge of the applicant,
the employer will be (1) sent a copy of the determination of eligibility or a determination of
ineligibility, or (2) considered an involved employer for purposes of an appeal under section
268.105, only if the employer raised the issue of ineligibility.
    Subd. 3. [Repealed by amendment, 2007 c 128 art 5 s 7]
    Subd. 3a. Direct hearing. Regardless of any provision of the Minnesota Unemployment
Insurance Law, the commissioner or an unemployment law judge may, before a determination
being made under this chapter, refer any issue of ineligibility, or any other issue under this chapter,
directly for hearing in accordance with section 268.105, subdivision 1. The status of the issue is
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 eligibility or 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 20 calendar days after sending. Proceedings on the appeal are 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 must 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
ineligible for unemployment benefits for periods an applicant has been paid benefits is considered
an overpayment of those unemployment benefits. A determination or amended determination
issued under this section that results in an overpayment of unemployment benefits must set out the
amount of the overpayment and the requirement under section 268.18, subdivision 1, that the
overpaid unemployment benefits must be repaid.
    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; 2007 c 128 art 2 s 8; art 5 s 7