§ 31-241 — Determination of claims and benefits. Notice, hearing and appeal. Regulations.

Connecticut § 31-241

• Jurisdiction: Connecticut
• Title 31: Labor
• Ch. 567: Unemployment Compensation

Text

(a) The administrator, or a deputy or representative designated by the administrator and hereinafter referred to as an examiner, shall promptly examine the initiating claim and, on the basis of the facts found by him or her, shall determine whether or not such claim is valid and, if valid, the weekly amount of benefits payable and the maximum possible duration thereof. The administrator or an examiner shall promptly notify the claimant of the decision and the reasons therefor, which notification shall set forth the provision of this section for appeal. The administrator or an examiner shall promptly examine each claim for a benefit payment for a week of unemployment and, on the basis of the facts found by him or her, shall determine whether or not the claimant is eligible to receive such benefit payment for such week and the amount of benefits payable for such week. The determination of eligibility by the administrator or an examiner shall be based upon evidence or testimony presented in a manner prescribed by the administrator, including in writing, by telephone or by other electronic means. The administrator or an examiner may prescribe a hearing by telephone or in person at his or her discretion, provided if an in person hearing is requested, the request may not be unreasonably denied by the administrator or an examiner, as the case may be. Notice of the decision and the reasons therefor shall be given to the claimant. The employers against whose accounts charges may be made due to any benefits awarded by the decision shall be notified of the initial determination of the claimant's benefit entitlement at the time notice is given to the claimant, which notification shall set forth the provisions of this section for appeal, provided any employer who claims that the claimant is ineligible for benefits because his or her unemployment is due to the existence of a labor dispute at such employer's factory, establishment or other premises, shall be notified of the decision and the reasons therefor, whether or not benefits awarded by the decision might be charged against such employer's account. The employer's appeal rights shall be limited to the first notice the employer is given in connection with a claim which sets forth his or her appeal rights, and no issue may be appealed if notice of such issue and the right to appeal such issue had previously been given. For any determination of an overpayment made prior to October 1, 2013, notwithstanding any provisions of this chapter to the contrary, whenever the employer, after receiving notice of such hearing, fails to appear at the hearing or fails to timely submit a written response in a manner prescribed by the administrator, such employer's proportionate share of benefits paid to the claimant prior to the issuance of a decision by a referee under section 31-242 for any week beginning prior to the forty-second day after the end of the calendar week in which the employer's appeal was filed shall be charged against such employer's account and the claimant shall not be charged with an overpayment with respect to such benefits pursuant to subsection (a) of section 31-273. For any determination of an overpayment made on or after October 1, 2013, notwithstanding any provisions of this chapter to the contrary, whenever the employer, after receiving notice of such hearing, fails to appear at the hearing or fails to submit a timely and adequate written response in a manner prescribed by the administrator, such employer's proportionate share of benefits paid to the claimant prior to the issuance of a decision by a referee under section 31-242 or the Employment Security Board of Review under section 31-249a shall be charged against such employer's account. The decision of the administrator shall be final and benefits shall be paid or denied in accordance therewith unless the claimant or any of such employers, within twenty-one calendar days after such notification was provided to the claimant or any of such employers, files an appeal from such decision and applies for a hearing, provided (1) any such appeal which is filed after such twenty-one-day period may be considered to be timely filed if the filing party shows good cause, as defined in regulations adopted pursuant to section 31-249h, for the late filing, (2) if the last day for filing an appeal falls on any day when the offices of the Employment Security Division are not open for business, such last day shall be extended to the next business day, (3) if any such appeal is filed by mail, such appeal shall be considered timely filed if it was received within such twenty-one-day period or bears a legible United States postal service postmark which indicates that within such twenty-one-day period it was placed in the possession of such postal authorities for delivery to the appropriate office, except posting dates attributable to private postage meters shall not be considered in determining the timeliness of appeals filed by mail, and (4) if any such appeal is filed electronically, such appeal shall be considered timely filed if it was received within such twenty-one-day period. Where the administrator or examiner has determined that the claimant is eligible for benefits, benefits shall be paid promptly in accordance with the determination regardless of the pendency of the period to file an appeal or the pendency of such appeal. No examiner shall participate in any case in which he or she is an interested party. Any person who has filed a claim for benefits pursuant to an agreement entered into by the administrator with the proper agency under the laws of the United States, whereby the administrator makes payment of unemployment compensation out of funds supplied by the United States, may in like manner file an appeal from the decision of such claim and apply for a hearing, and the United States or the agency thereof which had employed such person may in like manner appeal from the decision on such claim and apply for a hearing. (b) The administrator shall adopt regulations, in accordance with the provisions of section 31-244 and chapter 54, effective July 1, 1992, establishing procedures and guidelines necessary to implement the provisions of this section. Such regulations shall prescribe a minimum number of days of advance notice to be afforded parties prior to a hearing and standards for determining the timeliness of written responses to hearing notices. See Sec. 1-2a re construction of references to “United States mail”, “postmark or “registered or certified mail”.

Legislative History

(1949 Rev., S. 7513; 1955, S. 3077d; 1957, P.A. 596, S. 5; February, 1965, P.A. 347; 1967, P.A. 790, S. 15; 1971, P.A. 835, S. 22; P.A. 73-536, S. 7, 12; P.A. 74-229, S. 18, 22; 74-339, S. 14, 36; P.A. 79-187, S. 2; P.A. 80-260, S. 1; P.A. 87-364, S. 1, 8; P.A. 91-107, S. 1, 2; P.A. 95-323, S. 4, 8; P.A. 12-125, S. 1; P.A. 13-66, S. 2; P.A. 16-169, S. 6.) History: 1965 act specified that 7-day period for appeals excludes Sundays and holidays; 1967 act provided for extension of appeal deadline if last day for filing “falls on any day when the offices of the employment security division are not open for business”; 1971 act replaced provision which allowed payment of benefits which may be affected by hearing only after final determination is reached with provisions setting forth conditions under which payments may be made during the course of the appeal procedure; P.A. 73-536 specified that notification of employers is not necessary “in cases of claimants laid off for lack of work” and reworded notification provision for clarity, deleted references to “merit rating” accounts and to “compensable separations” and deleted provision requiring notification of state or political subdivision in claims where it is designated a base period employer; P.A. 74-229 deleted exception re notification requirement for claimants laid off for lack of work, required notification of employers re initial determination of benefit entitlement in all cases, added provision limiting employer's appeal rights and extended time for appeal to 14 days, deleting former exclusion for Sundays and holidays; P.A. 74-339 required that determination of eligibility be based on evidence presented in person or in writing at hearing and required that benefits be paid regardless of appeal where previously payment of benefits was conditional; P.A. 79-187 required notification of employers “at the time notice is given to the claimant” rather than “in accordance with subsection (f) of section 31-225a”; P.A. 80-260 increased time for appeal to 21 days; P.A. 87-364 provided that an appeal filed after 21 calendar days may be timely if there was good cause for the late filing, and that the postmark of any appeal filed by mail will be used to determine timeliness; P.A. 91-107 designated existing section as Subsec. (a), made a technical change, added provisions re failure of the employer to appear at a hearing or submit a written response and added Subsec. (b) re regulations, effective July 1, 1992; P.A. 95-323 amended Subsec. (a) to allow evidence or testimony presented by telephone or by other electronic means, effective October 1, 1995, and applicable to any separation of employment occurring on or after that date; P.A. 12-125 amended Subsec. (a) to delete “in person,” re presentation of evidence or testimony and add provision re in person hearing prescribed by administrator or examiner; P.A. 13-66 amended Subsec. (a) by adding provision re consequences of employer's failure to appear at a hearing or submit timely and adequate written response re any determination of overpayment made on or after October 1, 2013, and by making a conforming change; P.A. 16-169 amended Subsec. (a) to add provision re hearing by telephone, replace “mailed to his last-known address” with “provided to the claimant or any of such employers”, add Subdiv. (4) re timeliness of appeal filed electronically and make technical changes. Expenses of appeal denied where not claimed before administrator. 133 C. 310. Cited. 135 C. 373; 141 C. 321. Commissioner's conclusion that the unemployment of plaintiffs was due to the existence of a labor dispute is supported by the finding and therefore must stand. 142 C. 497. Cited re section's effect on the speed and fairness of the resolution of contested claims. 175 C. 269. Cited. 192 C. 104; Id., 581; 200 C. 243. Cited. 1 CA 591; 2 CA 1; 9 CA 131; 39 CA 441. Cited. 15 CS 62; 18 CS 11; 23 CS 236; 27 CS 217. For any period subsequent to period covered by commissioner's decision, claimant is entitled to new notification and new 7-day period thereafter in which to take another appeal. 28 CS 248. Effect of late appeal. 30 CS 105. Cited. 37 CS 38; 44 CS 285.