Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.11 - UNEMPLOYMENT INSURANCE DIVISION
Subchapter 24.11.4 - Claims for Benefits
Rule 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 adjudicate qualification issues in the following manner:

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

(4) 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.

(5) 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.

(6) 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.

(7) In the absence of a timely request for redetermination or appeal as set forth in this rule, the prior decision of the department or appeals referee is final.

(8) 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:

(9) 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).

(10) 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.

(11) 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.

(12) 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.