Alaska Administrative Code
Title 8 - Labor and Workforce Development
Part 7 - Employment Security Division and Alaska Workforce Investment Board
Chapter 85 - Employment Security
8 AAC 85.010 - Definitions
Universal Citation: 8 AK Admin Code 8 AAC 85.010
Current through August 30, 2024
(a) In this chapter, unless the context requires otherwise,
(1) "commissioner" means
the Commissioner of Labor and Workforce Development;
(2) "division" means the employment and
training services division of the Department of Labor and Workforce
Development;
(3) "act" means the
Alaska Employment Security Act and amendments thereto;
(4) "director" means the director of the
employment security division and employees of the division who act as the
director's agents;
(5) "interested
party" means
(A) the claimant for
unemployment insurance benefits;
(B) an employing unit, if the determination
or the appeal relates to a claimant's separation from that employing unit, or
the liability of the employing unit for contributions or
reimbursements;
(C) the director or
any employee of the division designated by the director; and
(D) any other person who, upon written
application to the department, is found by the department to have an interest
in the determination or in an appeal arising from the determination;
(6) "real property" means land or
improvements on it, such as buildings or other inherently permanent structures,
including items which are structural components of the buildings or structures;
in addition, "real property" includes an interest in real property; the term
does not include accessories to the operation of the business, which are not
structural components of the building, such as: machinery, printing press,
transportation equipment, office equipment, refrigerators, individual
air-conditioning units, grocery counters, or furnishings;
(7) "additional claim" means a notice of
unemployment filed during a benefit year or other eligibility period after an
interruption, with intervening employment, in the filing of continued
claims;
(8) "compensable claim"
means a continued claim for which a money benefit is payable or has been paid,
or for which a credit against an overpayment is allowable or has been
allowed;
(9) "continued claim"
means a claim for waiting week credit or payment of benefits for a
week;
(10) "initial claim" means a
new claim, an additional claim, or a reopened claim;
(11) "intrastate claimant" means a claimant
filing from within a state against potential benefit amounts held by that
state;
(12) "monetary
determination" means an initial determination issued to a claimant in the form
of a written notice which lists his base period employers and wages and advises
him of the benefit amount potentially payable to him. If the claimant is
determined monetarily eligible, the monetary determination establishes his
benefit year, his weekly benefit amount, amount of dependents allowance,
duration, and maximum potential benefit amount;
(13) "new claim" means a notice of
unemployment and a request for a monetary determination;
(14) "nonmonetary determination" means a
written notice issued to the claimant and other interested parties which
advises the parties of the claimant's eligibility with respect to acts or
circumstances which are potentially disqualifying under the provisions of
AS
23.20.360-23.20.387,
23.20.505, and this
chapter;
(15) "partially unemployed
individual" means an individual who is working less than the individual's
customary full-time hours for his or her regular employer and whose wages from
that employer during a particular week are less than one and one-third times
the individual's weekly benefit amount, excluding the allowance for dependents,
plus $50;
(16) "reopened claim"
means a notice of unemployment filed during a benefit year or other eligibility
period after an interruption, without intervening employment, in the filing of
continued claims;
(17) "transient
claim" means a continued claim filed by a claimant who is traveling away from
the area in which he normally resides and files his claims, and who is
temporarily in the area of the employment office which he visits to file a
continued claim;
(18) "transitional
claim" means a new claim that requests establishment of a new benefit year
(A) with an effective date within seven days
following the end of a previous benefit year and following a week for which
waiting week credit or benefits were claimed; or
(B) during a continuous series of continued
claims for extended benefits following the end of a previous benefit
year;
(19) "week" means
a period of seven consecutive days beginning at 12:00 a.m. Sunday and ending at
11:59 p.m. the following Saturday;
(20) "discharge" means a separation from work
in which the employer takes the action which results in the separation and the
worker does not have the choice of remaining in employment;
(21) "excess contribution" is a refund
payable to an employee under
AS
23.20.165(e) and an employer
under AS
23.20.225(a);
(22) "vocational training or retraining
course" has the meaning given that term in
AS
23.20.520; "vocational training or retraining
course" includes remedial, basic skills, or literacy training that is a
prerequisite to occupational-specific training or necessary for success in work
search or general work performance;
(23) "department" means the Department of
Labor and Workforce Development.
(b) For the purposes of AS 23.20.381(i), "vacation period or holiday recess" means a period of time in which students are not in attendance at the educational institution.
(c) Unless the context requires otherwise, as used in this chapter and AS 23.20, "proceeding" means an administrative or judicial proceeding related to a determination of an individual's eligibility for unemployment insurance benefits and does not include administrative activity of the department to collect covered unemployment insurance debt.
As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125(b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.
Authority:AS 23.20.045
AS 23.20.330
AS 23.20.381
AS 23.20.400
AS 23.20.520
Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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