§ 25-4-91 — Determinations and Redeterminations Upon Claims for Benefits

(a) Determination by examiner. A determination upon a claim filed pursuant to Section 25-4-90 shall be made promptly by an examiner designated by the secretary, and shall include a statement as to whether and in what amount a claimant is entitled to benefits and, in the event of denial, shall state the reasons therefor; except, that where he deems additional evidence to be needed, the examiner may refer such claim or any question involved therein to an appeals tribunal who shall make this decision with respect thereto in accordance with the proceeding prescribed in Section 25-4-93. A determination with respect to the first week of a benefit year shall also include a statement as to whether the claimant has been paid the wages specified under subdivision (a)(5) of Section 25-4-77 and if so, the first day of the benefit year, his weekly benefit amount, and the maximum total amount of benefits payable to him with respect to a benefit year.
(b) Redeterminations and reconsiderations.
(1) The secretary may reconsider any determination which has not become final as provided in subsection (d) of this section and may issue a redetermination. The secretary may reconsider a determination which has become final whenever he finds that an error or omission in base period wages, computation of benefits or identity of the claimant or the employer for whom the claimant worked during the base period of his claim has occurred in connection therewith and may issue a redetermination. No such redetermination shall be made after the expiration of the benefit year within which the claim was filed; except, that the secretary may, within one year after the end of such benefit year, reconsider any determination which has become final and issue a redetermination upon a finding that the determination was based on false statements or misrepresentation of material facts, whether or not intentional. Notice of any such redetermination shall be promptly given to the parties entitled to notice of the original determination in the manner prescribed in this section with respect to notice of an original determination. Such redetermination shall be subject to review upon appeal in the same manner and under the same conditions as original determinations. Except when the secretary has written documentation that an interested party has made false statements or a misrepresentation of material facts or such party admits to such in writing or waives his right to a hearing, no redetermination shall be effectuated so as to interrupt the benefit status of a claimant until after the determination has become final.
(2) An appeal tribunal or the board of appeals may reconsider any decision which has not become final as provided by Sections 25-4-92 and 25-4-94 and may issue an amended decision. An appeals tribunal or the board of appeals may, within one year after the end of the benefit year, reconsider any decision which has become final and issue an amended decision upon a finding that the decision was based on false statements or misrepresentation of material facts, whether or not intentional and the secretary may petition the body which issued the decision for a rehearing and amended decision.
(3) In the event that an appeal involving an original determination is pending as of the date a redetermination thereof is issued, such appeal, unless withdrawn, shall be treated as an appeal from such redetermination.
(c) Notice of determination and notice of payment.
(1) Notice of determination or decision upon a claim shall be promptly given to the claimant and the claimant’s last employing unit by delivery thereof or by mailing such notices to their last known addresses.
(2) Notice of payment will be promptly given to every employer in the claimant’s base period who is not entitled to a notice of determination when the claimant has been paid any amount of benefits which may result in a charge to the employers’ experience rating accounts pursuant to Section 25-4-54 by delivery thereof or by mailing such notice to their last known addresses.
(d) Finality of determinations and notice of payment.
(1) Unless any party to whom notice of determination is required to be given shall, within seven calendar days after delivery of such notice or within 15 calendar days after such notice was mailed to his last known address, file an appeal from such decision, such decision shall be deemed final.
a. If an appeal is duly filed, any disputed benefits which may have been paid at any time prior to the final decision, which would not have been payable under the terms of the final decision, shall be determined to be an overpayment and the claimant shall be required to repay to the fund any such benefits and the secretary shall have the authority to enforce collections of overpayments as is contained in Section 25-4-145.
b. If an appeal is duly filed by an interested employer, any benefits based upon wages in the base period paid by that employer shall not be charged under the experience rating provisions of Section 25-4-54 until the decision on such appeal becomes final and in event the final decision allows benefits the charge to the employer’s experience rating record will be made in the calendar quarter in which such decision becomes final.
(2) Unless any party to whom notice of payment is required to be given shall, within seven calendar days after delivery of such notice or within 15 calendar days after such notice was mailed to his last known address, request the secretary to review the decision determining the benefits to be chargeable, such decision shall become final. If the final decision provides for the removal of benefit charges, such a credit shall be applied to the calendar year and calendar quarter in which such decision becomes final and no attempt shall be made to relate the credit to the period in which the benefits were previously determined to be chargeable.

Legislative History

(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §216; Acts 1943, No. 310, p. 281, §9; Acts 1945, No. 283, p. 449, §10; Acts 1957, No. 301, p. 393; Acts 1971, No. 1201, p. 2083, §§2-4; Acts 1971, No. 2325, p. 3748, §§2-4; Acts 1973, No. 1716, p. 1057, §7; Acts 1975, No. 801, p. 1604, §10; Acts 1981, No. 81-842, p. 1508; Acts 1983, 2nd Ex. Sess., No. 83-155, p. 264, §13; Acts 1989, No. 89-405, p. 822, §8.)