Connecticut Administrative Code
Title 31 - Labor
273 - Collection of Overpayments of Unemployment Compensation Benefits
Section 31-273-9 - Employer fraud: contested case hearing
Universal Citation: CT Reg of State Agencies 31-273-9
Current through September 9, 2024
(a) If, after investigation, the Administrator determines that there is probable cause to believe that a person, firm or corporation has wilfully failed to declare payment of wages in a payroll record, pursuant to section 31-273(d) of the Connecticut General Statutes, the Administrator shall provide an opportunity for hearing.
(b)
(1) If the person, firm or corporation
requests a hearing, it shall be conducted pursuant to the rules of procedure
for hearings in contested cases to be conducted by the Labor Commissioner as
provided in Sections
31-1-1
through
31-1-9,
inclusive, of the Regulations of Connecticut State Agencies.
(2) Notice of the time, place, reason for
such hearing and right of representation shall be provided to the person, firm
or corporation requesting the hearing.
(c)
(1)
After the hearing, or after opportunity for hearing has been provided and no
such hearing has been requested, the Administrator shall issue his final
decision. Where, in his final decision, the Administrator determines that such
nondeclaration occurred and was wilful, he shall fix the payments and penalties
in accordance with the provisions of Section
31-273(e)
of the Connecticut General Statutes.
(2) The Administrator may impose a penalty of
ten(10) percent of the total contributions past due to the Administrator, as
determined pursuant to Section
31-270.
Such penalty shall be in addition to any other applicable penalty and interest
under Section
31-266.
In addition, the Administrator may require the person, firm or corporation to
make contributions at the maximum rate provided in Section
31-225a
for a period of one year following the determination by the Administrator
concerning the wilful nondeclaration. If the person, firm or corporation is
paying or should have been paying, the maximum rate at the time of the
determination, the Administrator may require that such maximum rate continue
for a period of three years following the determination.
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