Current through Register Vol. 39, No. 6, September 16, 2024
(a) In all
transactions requiring notice by G.S. 96 or these Rules, DES shall provide
notice to a claimant's or employer's last known address as reflected in its
official records.
(b) Except as
provided in this Chapter, DES shall mail notice of an initial claim to the
employer at one of the following addresses:
(1) the address of the employer for which the
claimant last worked;
(2) if the
employer has more than one branch or division at different locations, the
address of the branch or division for which the claimant last worked;
or
(3) an address designated by the
employer as reflected in DES's official records.
(c) Claimants may elect to receive
communications from DES by electronic transmission as defined in
04 NCAC
24A .0105.
(1) A claimant who consents to receive
communication by electronic transmission may withdraw consent at any time by
providing DES with a written withdrawal of consent.
(2) Any communication that was sent to a
claimant by electronic transmission before the withdrawal of consent shall be
effective as an electronic transmission.
(3) Except as provided in Paragraph (f) of
this Rule, withdrawal of consent to receive communication by electronic
transmission shall become effective on the date that DES receives the written
withdrawal of consent.
(d) A claimant who elects to receive
communications by electronic transmission shall provide DES with a valid email
address.
(1) DES shall validate each email
address by sending a notification containing a hyperlink to the email address
provided by the claimant. The email sent by DES shall require the claimant to
click on the hyperlink in the email in order to navigate to SCUBI to complete
validation.
(2) After a claimant
validates the email address, DES shall provide all communication by electronic
transmission, including determinations, requests for information, notices, and
decisions. For each action taken on an account, DES shall notify each claimant
by email that an action was taken, and shall direct the claimant to log into
his or her SCUBI account.
(e) A claimant who elects to receive
communication from DES by electronic transmission shall not receive
communication from DES by mail, unless the communication transmitted to the
claimant's email address is returned to DES as undeliverable.
(1) When an electronic communication is
returned to DES as undeliverable, DES shall suspend communications by
electronic transmission to the claimant's email address, and shall place an
alert on the claimant's SCUBI home page. The alert shall notify the claimant:
(A) that electronic transmissions to his or
her email address have been suspended;
(B) to contact the Customer Call Center to
update his or her mailing and email addresses as provided in
04 NCAC
24A .0102; and
(C) that the claimant may elect to resume
receiving communications by electronic transmissions.
(2) Upon suspension of electronic
transmissions to the claimant, DES shall send all communications to the
claimant by first class mail.
(3) A
claimant who elected to receive communications by electronic transmissions from
DES, and who desires to continue receiving electronic communications, but
instead receives postal mail, shall contact the Customer Call Center by phone
at (888) 737-0259 or facsimile at (919) 250-4315 to provide a valid email
address, and request DES to send communications by electronic
transmission.
(f) Except
as otherwise provided in this Chapter, DES shall use the date and time of the
electronic transmission to the email address provided by the claimant, or
authorized agent, as the service date for purposes of calculating the time
periods for correspondence, notices, deadlines, and filings. Time periods shall
be determined by the date of electronic transmission when a communication is
not received by the claimant as a result of an error or omission on the part of
the claimant, or agent of the claimant.
Authority
G.S.
96-4;
96-9.2;
96-14.1;
96-15;
96-40;
Eff. July 1,
2015;
Amended Eff. September 1,
2017.