LD 1453
pg. 2
Page 1 of 3 An Act To Allow for Immediate Unemployment Fact-finding Interviews for Able and... Page 3 of 3
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LR 1854
Item 1

 
must be adjudicated on the basis of information at hand. If the
employer's separation report containing possible disqualifying
information is received after the 10-day period and the claimant
is denied benefits by a revised deputy's decision, benefits paid
prior to the date of the revised decision shall do not
constitute an overpayment of benefits. Any benefits paid after
the date of the revised decision shall constitute an
overpayment.

 
If an employer files an amended separation report or otherwise
raises a new issue as to the employee's eligibility or changes
the wages or weeks used in determining benefits which that
results in a denial of benefits or a reduction of the weekly
benefit amount, the benefits paid prior to the date the
determination is mailed shall do not constitute an
overpayment. Any benefits received after that date to which
the claimant is not entitled pursuant to a new determination
based on that new employer information shall constitute an
overpayment.

 
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.

 
A. This subsection does not apply when the claimant
reports that, in the week claimed:


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