| Chapter 102 |
| 2015 -- S 0761 SUBSTITUTE A Enacted 06/19/2015 |
| A N A C T |
| RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY - BENEFITS |
| Introduced By: Senators Lombardo, Conley, Lombardi, and Archambault |
| Date Introduced: March 24, 2015 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Sections 28-44-39 and 28-44-40 of the General Laws in Chapter 28-44 |
| entitled "Employment Security - Benefits" are hereby amended to read as follows: |
| 28-44-39. Initial determination -- Notice -- Reconsideration of monetary |
| determination -- Reconsideration of other determination -- Appeal -- Interested party. -- |
| Initial determination -- Notice -- Reconsideration of monetary determination -- |
| Reconsideration of initial non-monetary determination – Discovery of issue - Appeal -- |
| Interested party. -- (a) (1) The director shall promptly determine: |
| (i) Whether or not the claimant has met the eligibility requirements set forth in § 28-44- |
| 11. Thereupon the director shall promptly notify the claimant in writing of that monetary |
| determination, including the reasons upon which the monetary determination was based. The |
| director may at any time within one year from the date of the monetary determination, either upon |
| request of the claimant or on his or her own motion, reconsider that determination if he or she |
| finds that an error in computation or in identity has occurred in connection with it, or that |
| additional wages pertinent to the status of the claimant have become available, or if that initial |
| monetary determination was made as a result of a non-disclosure or misrepresentation of a |
| material fact. The notice to an eligible claimant shall also include information as to his or her |
| benefit year, his or her weekly benefit amount, his or her augmented weekly benefit amount if he |
| or she has dependents, and the maximum amount of benefit credits to which he or she is entitled |
| for unemployment during his or her benefit year; |
| (ii) Whether or not the claimant is disqualified under any of the provisions of §§ 28-44- |
| 7, 28-44-12, 28-44-13, 28-44-16 -- 28-44-21, 28-42-62 28-44-61, 28-44-62, 28-42-62.1, 28-44- |
| 63, 28-44-66 through 28-44-70, and 28-42-68. If the director determines that the claimant is not |
| eligible to receive waiting period credit or benefits for any week or weeks due to a |
| disqualification imposed under any of the provisions referred to in this subdivision, he or she |
| shall promptly furnish to that claimant and to all interested parties, other than the board of review, |
| written notice of that non-monetary determination together with a statement containing the |
| reasons for the non-monetary determination, determination and the period of disqualification. |
| The director, on his or her own motion, may at any time within one year from the date of the |
| initial non-monetary determination set forth in this subdivision, reconsider the initial non- |
| monetary determination if he or she finds that an error has occurred in connection with it or that |
| the determination was a result of a mistake. If that initial non-monetary determination was made |
| as the result of nondisclosure or misrepresentation of a material fact, then the director may |
| reconsider the initial non-monetary determination within one year from the date of the discovery |
| of the nondisclosed or misrepresented fact; provided, that no issue shall be addressed that is |
| older than six (6) years as of the date of detection of the issue. |
| (2) If the director determines that the claimant is eligible to receive waiting period credit |
| or benefits, he or she shall promptly furnish a written notice of that determination to the claimant |
| and to all interested parties other than the board of review. All notices issued under this section |
| shall contain a statement of the appeal rights of the parties. |
| (b) Unless the claimant or any other interested party who is entitled to notice requests a |
| hearing within fifteen (15) days after the notice of determination has been mailed by the director |
| to the last known address of the claimant and of any other interested party, the determination shall |
| be final. For good cause shown the fifteen (15) day fifteen-day (15) period may be extended. |
| The director, on his or her own motion, may at any time within one year from the date of the |
| determination set forth in subdivision (a)(1) of this section reconsider the determination, if he or |
| she finds that an error has occurred in connection with it, or that the determination was made as a |
| result of a mistake, or the nondisclosure or misrepresentation of a material fact. |
| (c) For the purpose of this chapter, an "interested party" is deemed to be the director, the |
| board of review, the claimant, and any employer or employing unit who or that has furnished |
| information other than wage information in accordance with § 28-44-38(c). |
| (d) The director may, upon discovery of a previously undetected or unknown issue under |
| the provisions of, or laws cited in, §§ (a)(1)(i) and (a)(1)(ii) of this subsection, conduct a fact- |
| finding investigation and may render a monetary or non-monetary initial determination of the |
| issue within one year from the date of discovery of that issue; provided that no issue shall be |
| addressed which is older than six (6) years as of the date of detection of the issue. |
| 28-44-40. Payment of benefits pending appeal. -- (a) If an appeal is filed by an |
| employer, benefits shall be paid to an eligible claimant until that employer's appeal is finally |
| determined. If the employer's appeal is finally sustained, no further benefits shall be paid to the |
| claimant during any remaining portion of the disqualification period. Any benefits paid or |
| payable to that claimant shall not be recoverable in any manner unless it is established to the |
| satisfaction of the director that the erroneous payment was the result of fraud committed by the |
| claimant. |
| (b) If, beginning on or after October 1, 2013, the director establishes that an erroneous |
| payment was made to an individual a claimant due to fraud committed by the individual for |
| overpayments and those overpayments are eligible to be recovered claimant, this shall result in a |
| recoverable overpayment and that individual shall also be liable to pay penalties and interest |
| required under subsection §§ 28-42-68(a) and 28-42-68(c) for those erroneous payments. |
| SECTION 2. This act shall take effect upon passage. |
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| LC001800/SUB A |
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