If, during the period a claimant is receiving benefits, new |
information or a new issue arises concerning the claimant's |
eligibility for benefits or which affects the claimant's |
weekly benefit amount, no benefits may not be withheld until a |
determination is made on the issue. Before a determination is |
made, written notice shall be mailed to the claimant and other |
interested parties, which shall must include the issue to be |
decided, the law upon which it is based, any factual |
allegations known to the bureau, the right to a fact-finding |
interview, the date and location of the scheduled interview |
and the conduct of the interview and appeal. The fact-finding |
interview shall must be scheduled not less than 5 days nor |
more than 14 days after the notice is mailed. The bureau |
shall include in the notice a statement notifying the claimant |
that any benefits paid prior to the determination may be an |
overpayment under applicable law and recoverable by the bureau |
if it is later determined that the claimant was not entitled |
to the benefits. If the claimant does not appear for the |
scheduled interview, the deputy shall make a determination on |
the basis of available evidence. The deputy shall make a |
prompt determination of the issue based solely on any written |
statements of interested parties filed with the bureau before |
the interview, together with the evidence presented by |
interested parties who personally appeared at the interview. |
Upon request and notice to all parties at the interview, the |
deputy may accept corroborative documentary evidence after the |
interview. In no other case may the deputy base a decision on |
evidence received after the interview has been held. |