Ala. Admin. Code r. 480-4-3-.30

Current through Register Vol. 43, No. 02, November 27, 2024

Section 480-4-3-.30 - Claimant Right to Rebuttal

(1) All potentially disqualifying information received from a source other than the claimant shall be discussed with the claimant. Until the claimant is given an opportunity for rebuttal, any determination on the issue cannot be considered a valid nonmonetary determination.

(2) The language of the 1971 decision in California Department of Human Resources Development v. Java provides that states must pay unemployment compensation in full when due. "When due" meant at the earliest stage of unemployment that such payments were administratively feasible after giving worker and employer an opportunity to be heard. Although the case spoke specifically to appeals, the Department uses the language as the basis for handling any issue arising while a claimant is in pay status.

(3) Information provided directly or indirectly by the claimant during the claim series will warrant an interruption in benefits if the information is potentially disqualifying (claim certification errors, for example). When potentially disqualifying information is given by a claimant to an unemployment compensation representative, the unemployment compensation representative shall enter an appropriate issue code into the computer data base until the investigation is complete and a determination issued. If the determination can be completed the day the information is obtained, the issue and resolution may be entered in the same transaction. A Notice of Determination shall be provided to the claimant in all cases when benefits are disallowed or reduced.

(4) If the source of the potentially disqualifying information is a third party, however, no interruption shall be made in the payments until the claimant has been offered a rebuttal opportunity. Immediate efforts shall be made to obtain claimant rebuttal by phone, or by mail. If by mail, a form giving complete details about the report, and how long the claimant has to respond, shall be mailed to the claimant the day the report is received. This notice shall also contain a statement that failure to respond could results in disqualification, and it shall give the claimant adequate space and instruction to respond.

(5) If the claimant fails to respond in the allotted time (usually seven days), the issue shall be adjudicated with information on hand.

Ala. Admin. Code r. 480-4-3-.30

New Rule: Filed August 9, 1995 effective: September 13, 1995.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 06, March 31, 2015, eff. 4/9/2015.

Authors: James C. Holion, Unemployment Compensation Director; Thomas Daniel, Unemployment Compensation Director.

Statutory Authority:Code of Ala. 1975, §§ 25-5-7, 25-2-8, 25-4-111.