1998 Minnesota Statutes

     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