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24.11.450A    NONMONETARY DETERMINATIONS AND REDETERMINATIONS

(1) The department shall adjudicate and issue formal, written determinations and redeterminations on claimant qualification and eligibility for unemployment benefits, which include the reason(s) for claimant's separation from insured work or whether claimant meets the requirements for benefit eligibility throughout the claim benefit period.

(2) The department shall investigate, when necessary, prior to issuing a formal, written determination on claimant's qualification or eligibility for benefits.

(3) Interested parties shall respond to all department requests for information pertinent to an investigation within eight days of the request, unless the delay in responding was for "good cause" as defined in ARM 24.11.204. When a claimant fails to respond within eight days and in the absence of "good cause," the department shall proceed with the adjudication process. When an employer fails to respond within eight days or provides an inadequate response to a relevant and material request for information from the department, the department shall determine the employer forfeited the right to participate in the adjudication of the claim as an interested party and forfeited the right to credit for any benefit overpayment created by the employer's untimely or inadequate response, pursuant to 39-51-605, MCA, and ARM 24.11.208.

(4) The department shall adjudicate qualification issues in the following manner:

(a) When claim information obtained by the department provides a sufficient basis for a fair determination and discloses no essential disagreement between the claimant and employer, the department shall investigate no further and issue an initial determination of claimant's qualification for benefits.

(b) When the information relevant to the issue of qualification obtained by the department from the employer or other sources differs substantially from that furnished by the claimant, the department shall afford the claimant the opportunity to review the information, respond, and submit rebuttal evidence, if any. The department shall consider claimant's response and rebuttal evidence, if any, prior to issuing an initial determination of claimant's qualification for benefits.

(5) The department shall adjudicate challenges to claimant's eligibility to receive benefits in the following manner:

(a) When the department obtains credible information that claimant fails to meet the requirements of benefit eligibility, the department shall investigate promptly by requesting information pertinent to the allegation(s) from claimant and other sources.

(b) The department shall afford claimant the opportunity to review the relevant information obtained by the department, respond, and submit rebuttal evidence, if any. The department shall consider claimant's response and rebuttal evidence prior to issuing a determination regarding claimant's eligibility for benefits. If claimant fails to provide the requested information within the time period designated by (3), the department may determine claimant to be unavailable for work as provided in ARM 24.11.452A.

(6) When a determination holds that a claimant is disqualified or ineligible for benefits due to an act or circumstance that occurred prior to the effective date of an initial, additional, or reopened claim, the department shall deem claimant disqualified or ineligible for benefits as of the effective date of that claim.

(7) When a determination holds that a claimant failed to meet the requirements of benefit eligibility due to an act or circumstance that occurred within the benefit period of a prior or current claim, the department may find claimant liable for repayment of benefits.

(8) The department shall notify all interested parties of the issuance of a determination by providing each a copy of the determination via U.S. mail. The department also shall provide copies of the determination by facsimile transmission and e-mail, upon request.

(9) Within ten days following the date of department mailing of a determination, an interested party may request a redetermination by submitting a request to the department, by telephone, fax, mail, or internet, together with any additional information the party wishes the department to consider. The following exceptions to the ten-day deadline to request a redetermination apply:

(a) a claimant disqualified for benefits by a department determination may submit proof of requalification at any time, pursuant to 39-51-2302, 39-51-2303, or 39-51-2304, MCA; or

(b) a claimant found ineligible for benefits by a department determination may submit proof of restored eligibility at any time, pursuant to 39-51-2104, MCA, and ARM 24.11.452A.

(10) Prior to issuance of a redetermination, the department shall provide any additional relevant information to all interested parties and invite the parties to review, respond, and submit rebuttal evidence, if any, within eight days of the department request for rebuttal. The department shall notify all interested parties of the issuance of a redetermination, per (8).

(11) An appeal of a redetermination may be filed by an interested party by submitting a request for a hearing to the Office of Administrative Hearings by fax, mail, or internet within ten days of the department mailing of the redetermination. The department shall notify the interested parties in writing of the appeal to the Office of Administrative Hearings.

(12) An appeal of the decision of the Office of Administrative Hearings may be filed by an interested party by submitting a request for the appeal to the department by fax, mail, or internet within ten days of the department mailing of the hearing officer's decision. The department shall notify the interested parties in writing of the appeal to the Unemployment Insurance Appeals Board.

(13) A claimant becomes qualified or eligible to receive benefits on the Sunday immediately preceding the date upon which the department receives information that demonstrates claimant's qualification or eligibility, regardless of the time required for claim adjudication.

 

History: 39-51-301, 39-51-302, MCA; IMP, 39-51-605, 39-51-2202, 39-51-2203, 39-51-2205, 39-51-2301, 39-51-2302, 39-51-2303, 39-51-2304, 39-51-2402, 39-51-2507, 39-51-2508, 39-51-2511, 39-51-2602, 39-51-3201, 39-51-3202, 39-51-3206, MCA; NEW, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2006 MAR p. 916, Eff. 4/7/06; AMD, 2011 MAR p. 573, Eff. 5/29/11; AMD, 2013 MAR p. 2144, Eff. 11/15/13; AMD, 2016 MAR p. 2058, Eff. 11/11/16.

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