23-773

23-773. Examination and determination of claims

A. A representative designated by the department as a deputy shall promptly examine
any claim for benefits and, on the basis of the facts found by the deputy, shall
determine whether or not the claim is valid. If the claim is valid, the deputy shall
also determine the week with respect to which the benefit year shall commence, the weekly
benefit amount payable and the maximum duration of the benefit.

B. The deputy shall promptly notify the claimant and any other interested parties
of the determination and the reasons for the determination. Except as provided in
subsection D of this section, unless the claimant or an interested party, within seven
calendar days after the delivery of notification, or within fifteen calendar days after
notification was mailed to the claimant's or interested party's last known address, files
an appeal from the determination, it shall become final, and benefits shall be paid or
denied in accordance with the determination. The department shall adopt rules to allow an
appeal to be filed in writing, electronically or by telephone. If an appeal tribunal
affirms a determination of the deputy allowing benefits, or the appeals board affirms a
determination or decision allowing benefits, the benefits shall be paid regardless of any
appeal that may thereafter be taken, but if that decision is finally reversed, no
employer's account shall be charged with benefits so paid.

C. On receipt of a request from an interested party for information about a
deputy's determination made pursuant to this section or section 23-673, the department
shall make available by memorandum or other written document within five days after
receipt of the request the following information:

1. The facts considered and the facts relied on in making the determination.

2. The specific statutes, regulations or other authority relied on in making the
determination.

3. The reasoning applied in making the determination.

D. Before the time for appeal as prescribed in subsection B of this section has
expired, an interested party may request a reconsidered determination. The department
shall examine the request and, within seven calendar days, deny the request or issue a
reconsidered determination. If the department denies the request based on an alleged
failure of the interested party to make a timely response but the interested party
subsequently proves that the response was timely filed and received by the department,
the department shall report that result to the joint legislative budget committee. The
interested party may prove that a response was timely filed by using evidence of fax
records that documents the date and time when a faxed response was transmitted and
received by the department. A request for reconsideration that is denied shall be treated
as an appeal, and the same procedure shall be followed as provided for in case of appeal
from the original determination. If a reconsidered determination is issued, the time for
appeal shall run from the date of issuance of the reconsidered determination. The
employer and the claimant shall each be permitted no more than one request for
reconsideration on each case.

E. Before the actual filing of an appeal under subsection B of this section, but
not later than the time permitted to appeal, the department on its own motion may issue a
reconsidered determination. After the time for appeal has expired, but within one year
after the issuance of the original determination, the department with authorization of
the unemployment insurance program administrator may issue a reconsidered determination,
on the basis of newly discovered evidence that by due diligence could not have been
previously discovered, if no administrative or judicial review has occurred or is pending
on the original determination. If a redetermination is based on fraud, the one year
limitation on the issuance of redeterminations does not apply.

F. Prompt notice in writing of any reconsidered determination under subsection E of
this section and the reasons for reconsideration shall be given to all interested
parties. An interested party may appeal within the time prescribed under subsection B of
this section, and the same procedure shall be followed as provided for in case of an
appeal from the original determination.