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. |