LD 1970
pg. 7
Page 6 of 17 An Act to Address the Solvency of the Unemployment Compensation Fund Page 8 of 17
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LR 3037
Item 1

 
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 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 that affects the claimant's
weekly benefit amount, no benefits may not be withheld for more
than 14 days until a determination is made on the issue. Before
a determination is made, written notice shall must 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:

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


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