§ 28-41-37. Determination of claim.
(a) In accordance with § 28-41-16, upon the filing of a claim, the director shall promptly examine the claim and on
the basis of facts found by the director and records maintained by the department,
the claim shall be determined to be valid or invalid. If the claim is determined to
be valid, the director shall promptly notify the claimant as to the week with respect
to which benefits shall commence, the weekly benefit amount payable, and the maximum
duration of those benefits. If the claim is determined to be invalid, the director
shall likewise notify the claimant and any other interested parties of that d
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§ 28-41-37. Determination of claim.
(a) In accordance with § 28-41-16, upon the filing of a claim, the director shall promptly examine the claim and on
the basis of facts found by the director and records maintained by the department,
the claim shall be determined to be valid or invalid. If the claim is determined to
be valid, the director shall promptly notify the claimant as to the week with respect
to which benefits shall commence, the weekly benefit amount payable, and the maximum
duration of those benefits. If the claim is determined to be invalid, the director
shall likewise notify the claimant and any other interested parties of that determination
and the reasons for it. If the processing of the claim is delayed for any reason,
the director shall notify the claimant, in writing, within three (3) weeks of the
date the application for benefits is filed of the reason for the delay. Unless the
claimant or any other interested party, within fifteen (15) days, requests a hearing
before the board of review, the determination with reference to the claim is final.
However, for good cause shown, the fifteen-day (15) period may be extended after notification
by the director has been mailed to his or her last known address, as provided in this
section. At any time within one year from the date of a monetary determination, the
director, upon request of the claimant or on his or her own motion, may reconsider
his or her determination if he or she finds that an error in computation or identity
has occurred in connection with it or that additional wages pertinent to the claimant's
status have become available, or if that determination has been made as a result of
a nondisclosure or misrepresentation of a material fact.
(b) If an appeal is duly filed, benefits with respect to the period prior to the final
decision, if it is found that those benefits are payable, shall be paid only after
the decision. If an appeal tribunal affirms a decision of the director, or the board
of review affirms a decision of an appeal tribunal allowing benefits, those benefits
shall be paid regardless of any appeal which may subsequently be taken.