Current through Register Vol. 48, No. 38, September 20, 2024
a) The
Adjudicator's Determination will set forth, in writing, its factual and legal
basis. The Department will mail a copy of the Adjudicator's Determination to
all parties (see Section
2720.1) . For an
employing unit that is not entitled to party status under Section 702 of the
Act, the Department will mail to the nonparty employing unit:
1) A copy of the Determination regarding the
claimant's eligibility for benefits as information only if the employing unit's
protest is untimely pursuant to Section
2720.130,
or if the claimant is disqualified under a separation issue (Sections 601, 602
and 603 of the Act) and the employing unit from which the separation occurred
filed no protest;
2) A copy of the
Determination that the employing unit's protest is insufficient pursuant to
Section 2720.130, from which the employing unit may make an appeal, after
affording the employing unit an opportunity to submit a sufficient protest in
accordance with Section 2720.130.
b) When the employing unit files a sufficient
protest alleging that the claimant is not able to perform work, unavailable to
accept work, or not actively seeking work, the Adjudicator's Determination
shall be limited to the claim period set forth in the protest (or the date of
the initial claim if the protest is timely pursuant to Section 2720.130) and
not beyond the last week for which the claimant has certified for benefits at
the time of the Adjudicator's Determination.
1) If the Adjudicator determines that the
claimant is ineligible, the Adjudicator will send his or her written
Determination to the claimant and protesting employing unit and continue to
investigate the claimant's ability, availability, or work search, as
appropriate, for each week for which the claimant files a Claim Certification.
The claimant will not receive benefits for any subsequent weeks until and
unless an Adjudicator determines that the condition alleged to cause the
disqualification no longer exists or that the claimant is actively seeking
work, as appropriate; in that case, the Adjudicator's written Determination
that the claimant is eligible from a specific date will be sent to the claimant
and the protesting employing unit.
2) Once an Adjudicator determines the
claimant eligible, the Adjudicator will provide the employing unit with no
further Determinations on the claimant's ability, availability, or work search
for a subsequent period unless the employer files a sufficient protest for a
subsequent period (see Section 2720.130) or the Adjudicator has other reason to
investigate the claimant's ability, availability, or work search.
3) If the determination of eligibility is
appealed, reversed and benefits denied, parties to the appeal will receive a
subsequent determination setting forth the date on which the claimant became
able to work, available for work, or began actively seeking work, as
appropriate.
c) When an
employing unit files an untimely but otherwise sufficient protest alleging that
the claimant was discharged for committing a felony or theft in connection with
his or her work, the Adjudicator will make and issue a Determination under
Section 602A of the Act (discharge for misconduct), though the employing unit
shall not be a party to that Determination.
