§ 26 §1194 — Claims for benefits

1.
Filing.
Claims for benefits must be made in accordance with such rules as the commissioner may prescribe. Each employer shall post and maintain printed statements of the rules in places readily accessible to individuals in the employer's service and shall make available to each such individual at the time the individual becomes unemployed a printed statement of those rules. The printed statements must be supplied by the commissioner to each employer without cost to the employer.
1-A.
Partial unemployment claim forms.
An employer shall issue a properly completed partial unemployment claim form to each of the employer's employees who is customarily employed full time and who is given less than full-time hours during a week due to a lack of work, or who is given no work for one week due to a lack of work and who is not separated from that employer.
2.
Determination.
A representative designated by the commissioner, and in this chapter referred to as a deputy, shall promptly examine the first claim filed by a claimant in each benefit year and shall determine the weekly benefit amount and maximum benefit amount potentially payable to the claimant during that benefit year in accordance with section 1192‑A, subsection 2, paragraph F.
3.
Appeals.
Unless such appeal is withdrawn, the Division of Administrative Hearings after affording the parties reasonable opportunity for fair hearing, shall affirm, modify or set aside the findings of fact and decision of the deputy. The parties must be then duly notified of the division's decision, together with its reasons therefor, which subject to subsection 11 is deemed to be the final decision of the commission unless, within 15 calendar days after that notification was mailed to the claimant's and employer's last known address, the claimant or employer appeals to the commission by filing an appeal in accordance with such rules as the commissioner prescribes, as long as the appealing party appeared at the hearing and was given notice of the effect of the failure to appear in writing prior to the hearing.
4.
Appeal tribunals.
5.
Commission review.
The commission may on its own motion affirm, modify or set aside any decision of the Division of Administrative Hearings on the basis of the evidence previously submitted in that case or direct the taking of additional evidence, or may permit any of the parties of that decision to initiate further appeals before it. The commission shall permit such further appeal by any of the parties interested in a decision of the Division of Administrative Hearings and by the deputy whose decision has been overruled or modified by the Division of Administrative Hearings. The commission may remove to itself or transfer to the Director of the Division of Administrative Hearings or to another administrative hearing officer the proceedings on any claim pending before the Division of Administrative Hearings. Any proceedings so removed to the commission must be heard in accordance with the requirements in subsection 3. All hearings conducted pursuant to this section may be heard by a quorum of commissioners, as defined in section 1081, subsection 3. The commission shall promptly notify the interested parties of its findings and decisions.
6.
Procedure.
The manner in which disputed claims must be presented, and the reports thereon required from the claimant and from employers must be in accordance with rules prescribed by the commissioner. The conduct of hearings and appeals must be in accordance with Title 5, chapter 375.
7.
Witness fees.
Notwithstanding the provisions of Title 5, section 9060, witnesses subpoenaed pursuant to this chapter shall be allowed fees at a rate fixed by the commission to be paid out of the Employment Security Administration Fund, except that no attendance or mileage fee shall be due or payable when a subpoena is issued to compel an employing unit to appear and produce records and reports for the purpose of making a determination as to liability or for the purpose of completing routine reports as provided under this chapter.
8.
Appeals to courts.
Any decision of the commission becomes final 10 days after receipt of written notification and any person aggrieved by the decision may appeal by commencing an action pursuant to Title 5, chapter 375, subchapter VII. The commission must be made a party defendant in any such appeal.
9.
10.
Determination may be reconsidered; appeal.
The deputy may reconsider a determination with respect to the weekly benefit amount and maximum total amount of benefits for a claimant for any given benefit year, if the deputy finds that an error has occurred or that wages have been erroneously reported, but no such redetermination may be made after one year from the date of the original determination. 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. If the maximum amount of benefits is increased upon that redetermination, an appeal solely with respect to the matters involved in that increase may be filed in the manner and subject to the limitations provided in subsection 2. If the amount of benefits is decreased upon such redetermination, the matters involved in such decrease shall be subject to an appeal by claimant with respect to subsequent benefits which may be affected by the redetermination. An appeal may be filed in the manner and subject to the limitations provided in subsection 2.
11.
Prompt payment of claims.
12.
Collateral estoppel.
Except for proceedings under this chapter, no finding of fact or conclusion of law contained in a decision of a deputy, an administrative hearing officer, the commission, the commissioner or a court, obtained under this chapter, has preclusive effect in any other action or proceeding.
13.
Voluntary withdrawal.
A claimant who has filed a claim for benefits under this section may voluntarily withdraw that claim at any time before receiving the benefits. The commissioner shall treat a claimant who has withdrawn a claim under this subsection as not having filed the claim. A claimant may initiate the withdrawal of a claim under this subsection by way of telephone, but the Department of Labor may require a signed withdrawal authorization to verify the withdrawal. Cashing a benefit check relating to the claim is deemed to revoke any withdrawal of that claim.

Legislative History

PL 1971, c. 418 (AMD). PL 1971, c. 538, §§29-34 (AMD). PL 1973, c. 147 (AMD). PL 1975, c. 39 (AMD). PL 1975, c. 227 (AMD). PL 1975, c. 710, §§2,4 (AMD). PL 1975, c. 770, §§124,125 (AMD). PL 1977, c. 460, §5 (AMD). PL 1977, c. 587 (AMD). PL 1977, c. 666, §§1,2 (AMD). PL 1977, c. 694, §§474-477 (AMD). PL 1979, c. 78 (AMD). PL 1979, c. 113 (AMD). PL 1979, c. 541, §A182 (AMD). PL 1981, c. 145 (AMD). PL 1981, c. 177 (AMD). PL 1981, c. 286, §§2,3 (AMD). PL 1981, c. 290 (AMD). PL 1981, c. 547, §1 (AMD). PL 1983, c. 246 (AMD). PL 1983, c. 305, §6 (AMD). PL 1983, c. 351, §§18-21 (AMD). PL 1983, c. 816, §A23 (AMD). PL 1985, c. 348, §§7,8 (AMD). PL 1987, c. 365, §2 (AMD). PL 1987, c. 641, §§7-13 (AMD). PL 1989, c. 691 (AMD). RR 1991, c. 2, §99 (COR). PL 1997, c. 293, §5 (AMD). PL 1999, c. 376, §1 (AMD). PL 1999, c. 464, §8 (AMD). PL 2003, c. 96, §1 (AMD). PL 2003, c. 163, §1 (AMD). PL 2021, c. 456, §§23-26 (AMD). PL 2023, c. 53, §§3, 4 (AMD). PL 2025, c. 235, §§13, 14 (AMD). PL 2025, c. 388, Pt. PPP, §8 (AMD).