New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 3 - EMPLOYMENT SECURITY
Part 300 - CLAIMS ADMINISTRATION
Section 11.3.300.310 - INTERSTATE CLAIMS
Universal Citation: 11 NM Admin Code 11.3.300.310
Current through Register Vol. 35, No. 18, September 24, 2024
A. REGISTRATION FOR WORK:
(1) Each interstate claimant shall
be registered for work, through any public employment office in the agent state
when and as required by the law, regulations, rules, policies and procedures of
the agent state. The registration shall be accepted as meeting the registration
requirements of the liable state.
(2) Each agent state shall report to the
liable state whether each interstate claimant meets the registration
requirements of the agent state.
B. BENEFIT RIGHTS OF INTERSTATE CLAIMANTS:
(1) If a claimant files a claim against any
state, and it is determined by such state that the claimant has available
benefit credits in such state, then claims shall be filed only against such
state as long as benefit credits are available in that state. Thereafter, the
claimant may file claims against any other state in which the claimant has
available benefit credits.
(2) For
purposes of this rule, benefit credits shall be deemed to be unavailable
whenever benefits have been exhausted, terminated, or postponed for an
indefinite period or for the entire period in which benefits would otherwise be
payable, or whenever benefits are affected by the application of a seasonal
restriction.
C. CONTINUED CLAIMS FOR BENEFITS:
(1) Any claim
for benefits or for waiting-period credit shall be filed by an interstate
claimant in accordance with uniform procedures developed pursuant to the
interstate benefit payment plan. The claim shall be filed in accordance with
the type of week in use in the agent state. Any adjustments required to fit the
type of week used by the liable state shall be made by the liable state on the
basis of consecutive claims filed.
(2) The claim shall be filed in accordance
with the agent state's rules or regulations for intrastate claims.
(a) With respect to claims for weeks of
unemployment in which claimants are not working for their regular employers,
the liable state shall, under circumstances which it considers good cause,
accept a continued claim filed up to one week or one reporting period late. If
a claimant files more than two weeks late, an initial interstate claim must be
used to begin a claim series, and no continued claim for a past period shall be
accepted.
(b) With respect to weeks
of unemployment during which claimants are attached to their regular employers,
the liable state shall accept any claim which is filed within the time limit
applicable to such claims under the law of the agent state.
D. DETERMINATIONS OF CLAIMS:
(1) The agent state shall, in
connection with each claim filed by an interstate claimant, ascertain and
report to the liable state such facts relating to the claimant's availability
for work and eligibility for benefits as are readily determinable in and by the
agent state.
(2) The agent state's
responsibility and authority in connection with the determination of interstate
claims shall be limited to investigation and reporting of relevant facts. The
agent state shall not refuse to take an interstate claim.
E. APPELLATE PROCEDURES:
(1) The agent state shall afford all
reasonable cooperation in the taking of evidence and the holding of hearings in
connection with appealed interstate benefit claims.
(2) With respect to the time limits imposed
by the law of a liable state other than New Mexico, upon the filing of an
appeal in connection with a disputed benefit claim, whether or not the appeal
is timely shall be determined by the liable state by reference to that state's
law, regulations, rules, policies and procedures. In interstate appeals in
which New Mexico is the liable state, whether or not the appeal is timely shall
be determined by reference to relevant provisions of the New Mexico
Unemployment Compensation Act and NMAC 11.3.500.8.
F. EXTENSION OF INTERSTATE BENEFIT PAYMENTS TO INCLUDE CLAIMS TAKEN IN AND FOR CANADA: This rule shall apply to claims taken in and for Canada.
Disclaimer: These regulations may not be the most recent version. New Mexico 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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