Current through Register Vol. 35, No. 6, March 26, 2024
A.
Notice to employer of filing of claim: Whenever a claimant files an initial
claim for benefits or an additional claim, the department shall immediately
transmit to the claimant's last known employer, at the address of the employer
as registered with the department, if so registered, and, if not registered, to
the address provided by the claimant, a dated notice of the filing of the claim
and a fact-finding questionnaire. The employer shall provide the department
with full and complete information in response to the inquiry. The employer
shall transmit a response directly to the department within 10 calendar days
from the date the notice of claim is sent. Unless excused by the department,
the response must be an electronic transmittal.
B. Request for additional information: Prior
to issuance of a determination the department may request additional
information from the employer, the claimant or witnesses relative to the
separation of the claimant from employment. The employer shall provide the
department full and complete information to the request for additional
information within two business days from the transmission. Unless excused by
the department, the response must be an electronic transmittal.
C. Initial determination: A determination on
any claim for unemployment benefits shall be transmitted only after the
department has evaluated the claim.
(1) If an
employer's response is not received within 10 calendar days after the
transmission of the notice of a claim and a non-monetary issue is not raised in
the application for benefits, a determination shall be made upon the
information on the application.
(2)
The 10 day period shall begin to run on the day after the notice of claim was
transmitted to the employer as indicated on the application. If the tenth
calendar day falls on the weekend or on a holiday, the reply shall be timely if
received by the department on the following business day.
(3) After the 10 day period has passed, the
department shall immediately transmit to the parties the determination
including the reason, and shall advise the parties of the right to appeal that
determination pursuant to these rules.
(4) If the claimant is subsequently
disqualified from the receipt of benefits resulting in an overpayment, the
employer will remain liable for any benefit charges incurred to the date of
disqualification if the employer or an agent of the employer demonstrates an
established pattern of failing to respond timely or adequately to the notice of
claim within the 10-day period.
(a) A pattern
is defined as failure to respond timely or adequately to five claims, or more
at the secretary's discretion, within a calendar year.
(b) An inadequate response is defined as the
employer's failure to provide relevant information or documentation that was
reasonably available at the time a response was requested by the
department.
(5) An
employer may appeal a determination within 15 days of the assessment of the
penalty that the employer or agent of the employer failed to respond timely or
adequately to the notice of claim. Upon a finding on appeal that the employer
or an agent of the employer had good cause for failure to transmit a timely or
adequate response, the employer will be relieved of such charges. Overturned
determinations will not be factored into the analysis of whether a pattern
exists.
D.
Redetermination: A redetermination may be issued only if all the following
criteria are met:
(1) The department perceives
the need for reconsideration as a result of a protest by an interested party
due to new or additional information received. Examples of the type of errors
which may prompt a redetermination are misapplication or misinterpretation of
the law, mathematical miscalculation, an additional fact not available to the
department at the time of the determination excluding those facts the employer
and claimant had the opportunity to provide prior to the initial determination,
transmitting a notice to the wrong employer or address, an employer's timely
response statement disputing a claim for benefits, or other administrative
error.
(2) All evidence and records
are re-examined.
(3) A written
redetermination notice is issued to the claimant and any other interested
party, and is documented in the department records.
(4) A redetermination can be issued no later
than 20 calendar days from the original determination date or 20 days from the
date of the first payment derived from the original determination, whichever
event occurs latest.
(5) The
department may issue a redetermination provided that the employer's statement
was received within the statutory time limits and within less than 20 calendar
days from the date of the first payment.
(6) If the claimant began collecting benefits
and as a result of redetermination will be denied benefits, the claimant shall
be advised.
E. Stopping
payment due to administrative error: Once an initial determination is made and
payment of benefits is begun, payments shall not be stopped without prior
notice and an opportunity to be heard pursuant to
11.3.500.9 NMAC. When payments are
made as a result of administrative error by the department and are clearly not
authorized by law, rule, regulation, or any determination made pursuant to
Subsection C of 11.3.300.308 NMAC, such payment shall not be deemed to have
been made pursuant to a determination of eligibility.
F. Employer's notice of a labor dispute: When
there is a strike, lock-out or other labor dispute, the employer shall file
with the department after the commencement of such activity, and upon the
demand of the department, a report of the existence and nature of the labor
dispute, and the number of persons affected; and shall promptly provide the
names, social security numbers and work classifications of all individuals
unemployed due to the labor dispute, and whether and in what manner each
individual is participating in the dispute or has a direct interest in the
outcome.
G. Termination of
continued claims: Payment of continued benefits to any person who has been
determined eligible to receive benefits on an initial claim in accordance with
11.3.300.308 NMAC shall not thereafter be terminated without notice and an
opportunity to respond.
