§ 597 — Initial determination

New York § 597

• Jurisdiction: New York
• Law LAB: Labor
• Title 7: Benefits and Claims
• Art. 18: Unemployment Insurance Law

Text

§ 597. Initial determination. 1. Issuance. The validity of the claim\nand the amount of benefits payable to the claimant shall be determined\nin accordance with the regulations and procedure established by the\ncommissioner and, when such determination is issued by the commissioner,\nit shall be deemed the initial determination of the claim.\n 2. Obtaining information necessary for determinations. (a) When filing\nan original claim, each claimant shall furnish to the commissioner all\ninformation which the commissioner shall require concerning his or her\nprior employment.\n (b) Whenever a claimant's base period includes a completed calendar\nquarter for which a wage data report is not due or has not been received\nand the claimant provides information as required by the commissioner,\nthe commissioner shall determine such claimant's entitlement and benefit\nrate using the information the claimant provided for such quarter.\nHowever, in those instances where the claimant is unable to provide such\ninformation to the commissioner's satisfaction, the commissioner may\nrequest the employer to provide the amount of remuneration paid to such\nindividual. The commissioner shall notify each base period employer upon\nthe establishment of a valid original claim, of such claim. If an\nemployer provides new or corrected information in response to the\ninitial notice of monetary entitlement, adjustments to the claimant's\nbenefit rate and adjustments to the employer's experience rating account\nshall be prospective as of the date such information was received by the\ndepartment.\n (c) Notwithstanding paragraph (b) of this subdivision, adjustments to\nthe claimant's benefit rate and adjustment to the experience rating\ncharges to the employers' accounts will be retroactive to the beginning\nof the benefit claim in the following circumstances:\n (i) the new or corrected information results in a higher benefit rate,\nor\n (ii) the new or corrected information results in the claimant's\nfailure to establish a valid original claim, or\n (ii) the amount of the previously established benefit rate was based\nupon the claimant's willful false statement or representation.\n (d) Notwithstanding any provisions of this article, unless a\ncommissioner's error is shown or the failure is the direct result of a\ndisaster emergency declared by the governor or president, an employer's\naccount shall not be relieved of charges resulting in an overpayment of\nbenefits when the commissioner determines that the overpayment was made\nbecause the employer or the agent of the employer failed to timely or\nadequately respond to a request for information in the notice of\npotential charges or other such notice requesting information in\nrelation to a claim under this article, provided, however, that the\ncommissioner shall relieve the employer of charges the first time that\nthe employer fails to provide timely or adequate information, if the\nemployer provides good cause for such failure as determined by the\ncommissioner.\n "Timely" shall mean a response is provided in the time period\nspecified in the notice as prescribed by the commissioner.\n The term "adequately" shall mean that the employer or its agent\nsubmitted information sufficient to render a correct determination.\n This prohibition for relief of charges shall apply to all employers\nunder this article including employers electing payment in lieu of\ncontributions.\n 3. Limitation on review of determinations. Any determination regarding\na benefit claim may, in the absence of fraud or wilful\nmisrepresentation, be reviewed only within one year from the date it is\nissued because of new or corrected information, or, if the review is\nbased thereon, within six months from a retroactive payment of\nremuneration, provided that no decision on the merits of the case has\nbeen made upon hearing or appeal. Such review shall be conducted and a\nnew determination issued in accordance with the provisions of this\narticle and regulations and procedure prescribed thereunder with respect\nto the adjudication and payment of claims, including the right of\nappeal.\n 4. Effect of review. Whenever a new determination in accordance with\nthe preceding subdivision or a decision by a referee, the appeal board,\nor a court results in a decrease or denial of benefits previously\nallowed, such new determination or decision, unless it shall be based\nupon a retroactive payment of remuneration, shall not affect the rights\nto any benefits already paid under the authority of the prior\ndetermination or decision provided they were accepted by the claimant in\ngood faith and the claimant did not make any false statement or\nrepresentation and did not wilfully conceal any pertinent fact in\nconnection with his or her claim for benefits.\n