§ 28-44-39. Initial determination — Notice — Reconsideration of monetary determination — Reconsideration
of initial non-monetary determination — Discovery of issue — Appeal — Interested party.
(a)(1) The director shall promptly determine:
(i) Whether or not the claimant has met the eligibility requirements set forth in §â€‚28-44-11. Thereupon the director shall promptly notify the claimant in writing of that monetary
determination, including the reasons upon which the monetary determination was based.
The director may at any time within one year from the date of the monetary determination,
either upon request of the claimant or on his or her own motion, reconsider that determination
if he or she finds that an error in computation or in identity has occurred in connection
with it, or that additional wages pertinent to the status of the claimant have become
available, or if that initial monetary determination was made as a result of a nondisclosure
or misrepresentation of a material fact. The notice to an eligible claimant shall
also include information as to his or her benefit year, his or her weekly benefit
amount, his or her augmented weekly benefit amount if he or she has dependents, and
the maximum amount of benefit credits to which he or she is entitled for unemployment
during his or her benefit year;
(ii) Whether or not the claimant is disqualified under any of the provisions of §§â€‚28-44-7, 28-44-12, 28-44-13, 28-44-16 — 28-44-21, 28-44-61, 28-44-62, 28-42-62.1, 28-44-63, 28-44-66 through 28-44-70, and 28-42-68. If the director determines that the claimant is not eligible to receive waiting
period credit or benefits for any week or weeks due to a disqualification imposed
under any of the provisions referred to in this subdivision, he or she shall promptly
furnish to that claimant and to all interested parties, other than the board of review,
written notice of that non-monetary determination together with a statement containing
the reasons for the non-monetary determination and the period of disqualification.
The director, on his or her own motion, may at any time within one year from the date
of the initial non-monetary determination set forth in this subdivision, reconsider
the initial non-monetary determination if he or she finds that an error has occurred
in connection with it or that the determination was a result of a mistake. If that
initial non-monetary determination was made as the result of nondisclosure or misrepresentation
of a material fact, then the director may reconsider the initial non-monetary determination
within one year from the date of the discovery of the nondisclosed or misrepresented
fact; provided, that no issue shall be addressed that is older than six (6) years
as of the date of detection of the issue.
(2) If the director determines that the claimant is eligible to receive waiting period
credit or benefits, he or she shall promptly furnish a written notice of that determination
to the claimant and to all interested parties other than the board of review. All
notices issued under this section shall contain a statement of the appeal rights of
the parties.
(b) Unless the claimant or any other interested party entitled to notice requests a hearing
within fifteen (15) days after the notice of determination has been mailed by the
director to the last known address of the claimant and of any other interested party,
the determination shall be final. For good cause shown the fifteen-day (15) period
may be extended.
(c) For the purpose of this chapter, an "interested party� is deemed to be the director,
the board of review, the claimant, and any employer or employing unit who or that
has furnished information other than wage information in accordance with §â€‚28-44-38(c).
(d) The director may, upon discovery of a previously undetected or unknown issue under
the provisions of, or laws cited in, subdivisions (a)(1)(i) and (a)(1)(ii), conduct
a fact-finding investigation and may render a monetary or non-monetary initial determination
of the issue within one year from the date of discovery of that issue; provided that
no issue shall be addressed that is older than six (6) years as of the date of detection
of the issue.