TITLE 28
Labor and Labor Relations

CHAPTER 28-44
Employment Security – Benefits

SECTION 28-44-39


§ 28-44-39 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, 28-44-61, 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 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-day (15) period may be extended.

(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, subdivisions (a)(1)(i) and (a)(1)(ii), 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.

History of Section.
(P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1940, ch. 812, § 6; P.L. 1949, ch. 2175, § 1; P.L. 1956, ch. 3663, § 1; G.L. 1956, § 28-44-39; P.L. 1958 (s.s.), ch. 215, § 3; P.L. 1960, ch. 131, § 1; P.L. 1961, ch. 102, § 1; P.L. 1969, ch. 87, § 2; P.L. 1979, ch. 277, § 1; P.L. 1991, ch. 104, § 2; P.L. 1998, ch. 311, § 2; P.L. 2015, ch. 102, § 1; P.L. 2015, ch. 112, § 1.)