PUBLIC Law Chapter 163

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:

(1) The claimant worked and reports a specific amount of
earnings for that work;

(2) The claimant worked and had earnings from that work,
but does not furnish the amount of earnings;

(3) The claimant reports that the claimant was not able or
available for work for a specific portion of the week
and there is sufficient information for the deputy to
determine that the inability or unavailability for work
was for good cause.__If the information provided by the
claimant indicated unavailability during the claim
week, but is not specific as to the amount of time
involved, the department shall immediately initiate a
fact-finding interview with the individual and make a
determination regarding the claimant's weekly benefit
amount on the basis of that interview.__If the
department is not able to conduct an immediate fact-
finding interview with the claimant, the notification
and fact-finding process described in this subsection
must be followed; or

(4) The claimant received a specific amount of other
remuneration as described in section 1193, subsection
5.

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