Ala. Admin. Code r. 480-4-3-.32
Current through Register Vol. 43, No. 02, November 27, 2024
Section 480-4-3-.32 - Claim Filing And Reporting Requirements(1) A claim for a week of benefits must be filed in accordance with such regulations as the director may prescribe (25-4-77(a)(1)). This rule, adopted pursuant to this eligibility condition applies to all new claims and additional claims for total or part total unemployment, reopened claims and continued claims.(2) A claimant is required to report to a state employment office in accordance with such regulations as the director may prescribe (25-4-77(a)(2)). For the purposes of this rule a "state employment office" includes an unemployment compensation claims office where physically separate. (a) Filing New, Additional and Reopened Claims. 1. With the following exceptions, such claims are effective the Sunday preceding the date on which the claimant first reports to file such a claim. (Backdating is allowed under the following conditions:) (i) Where the claim is filed at an itinerant point and the last day worked was on or after the last date on which the itinerant point was last served. Back-dating may also be allowed if a failure to file was caused by rescheduling itinerant service as would be caused by a holiday or other events.(ii) Where inclement weather or disaster conditions necessitate the unscheduled closure of a claims office or itinerant point or renders travel to the office or itinerant point either impossible or hazardous.(iii) Where there is prior agreement between the claimant(s) or his representative and the agency and/or at the agency's initiative to accommodate a mass lay off.(iv) Where the claimant has filed an ineligible interstate claim or combined wage claim and then elects to file an intrastate claim.(v) Where the claimant was prevented from filing a claim because of an office closure or holiday that falls on the agency's last business day of the week.(vi) Where the benefit year has ended and the agency failed to take a second benefit year claim through the agency's error or omission.(vii) Where the employer fails to file a partial claim which the claimant expected. See also Administrative Rule 480-4-3-.11.(viii) Where the claimant cannot immediately furnish a verifiable social security number or positive identification required by rule 480-4-3-.07 but does ultimately furnish such information, the claim will be back-dated to the Sunday preceding the first report.2. Backdating will not be allowed unless the claimant reports as soon as reasonably practicable following the period during which conditions allowing backdating no longer exists or the date such individual was scheduled by the local claims office representative to report to file such backdated claim.3. Where a claimant insists on backdating such a new or additional claim or a claim that is being reopened following a period of inactive status but the reason for backdating is not for one of the reasons listed above, the claim will be processed with an effective date that is the Sunday of the week the claimant reports in person to file. The claimant will be allowed to sign for weeks prior to the effective date and a written determination will be issued denying benefits for the intervening weeks pursuant to Section 25-4-77(a)(1). The claimant may appeal this determination.4. In cases where more than one individual has used or is using the same social security number and the correct number cannot be ascertained the agency will process the claim and pay benefits due using a dummy number.5. Where a claimant filing an initial claim is unable to provide the name and/or address of his most recent bona fide employer, benefits will be denied under Section 25-4-77(a)(1). The claimant will be instructed to file weekly claims and upon receipt of the necessary information the determination will be revoked retroactively as of its effective date.(b) Filing Continued Claims. All claimants are entitled to due process in the administration of the Unemployment Compensation law. For this purpose due process means a reasonable notice and reasonable opportunity to be heard. All claimants are also entitled to a liberal interpretation and application of the Unemployment Compensation law. The following requirements are established subject to these principles.1. Continued claims must be filed weekly and except for good cause within 7 calendar days after the end of the week for which such benefits are being claimed or within 7 calendar days after the date the most recent payment was mailed or the date on which the weekly claim card was mailed by the agency to the claimant whichever is later. (i) If a mail claim is not received timely, a notice shall be mailed the claimant giving 7 calendar days to report in person to enable the local office to determine whether good cause exists for late filing. (I) If the claimant reports within the 7 day period, information will be obtained to determine the question of good cause and a written determination will be issued either allowing or denying benefits under Section 25-4-77(a)(1). Regardless of whether good cause for late filing did or did not exist, intervening weeks may be claimed, and if denied, such denial will be included and reflected in the written determination.(II) If the claimant fails without good cause to report within the 7 day period a determination will be issued reflecting ineligibility under Section 25-4-77(a)(1) for an indefinite period which continues until the claim is reopened by an in-person report. If the failure to report within the 7 day period was for good cause the week in question and intervening weeks may be claimed, but if any weeks are denied a written determination must be issued reflecting such denial.(ii) If a weekly claim card has been submitted timely but is incomplete or is incorrectly completed, a notice will be mailed to the claimant giving 7 calendar days from the date the notice is mailed in which to report in person in order that the necessary information might be obtained.(I) If the claimant reports in person within the 7 day period, details of the reason that the card was rejected will be recorded. If a bona fide issue exists a written determination will be issued either allowing or denying benefits for the week in question under the appropriate section of the law. Regardless of whether benefits for the week is allowed or denied intervening weeks may be claimed and if intervening weeks are denied such denial will be reflected in written determination. If the card was unacceptable because of an error, no issued existed; therefore no determination has to be made.(II) If the claimant fails without good cause to report within the 7 day period a determination will be issued reflecting denial under Section 25-4-77(a)(1) for the week in question. When the claimant does report intervening weeks may, be claimed and if denied, the denial will be reflected in a written determination.(c) If the claimant delivers or mails the weekly claim card as required in this rule but does not receive a check or notice of disposition within 10 days it becomes the claimant's responsibility to contact the local office to inquire about the status of his claim. Failure without good cause to make a prompt inquiry may constitute grounds for a denial of benefits for the week in question under Section 25-4-77(a)(1). When the claimant does report intervening weeks may be claimed and if denied, such denial will be reflected in a written determination. 1. Where a claimant has chosen to file weekly claims by telephone, such claims must, except for good cause be filed by telephone within the assigned five day period following the week for which benefits are being claimed, regardless of whether or when payment is made on prior weeks claimed.(d) A claimant who attempts to file late is instructed to report to the local office. 1. If the appearance is made within 4 days, unless good cause is shown, information will be developed to determine whether good cause existed for late filing. A written determination will then be made under Section 25-4-77(a)(1) either allowing or denying benefits for the week claimed late. Regardless of whether the week is allowed or denied intervening weeks may be claimed and if intervening weeks are denied such denial will be reflected in the written determination.2. Failure without good cause to make a reasonably prompt appearance constitutes grounds for denial of benefits for the week in question, and for succeeding weeks until the beginning of the week in which the claimant actually reports.3. A claimant attempting to file by telephone for succeeding weeks following a late filing or a period of non-filing is instructed to report to the local office. If a report is made within a reasonable prompt period the claim will be reopened as of the Sunday preceding the attempt to file by telephone. If the claimant's report is not reasonably prompt, the claim will be reopened as of the Sunday preceding the day on which the report is made.4. If the claimant filing by telephone provides an unacceptable response, the response(s) in question are repeated and the claimant is given the opportunity to correct the response(s). If the potentially disqualifying answer is correct, the claimant is instructed to report to the local office in person within four (4) calendar days to address the issue.(i) If the claimant reports as instructed, information will be developed to determine eligibility for the week in question. A written determination, under the appropriate section of the law, will be issued whether allowing or denying benefits. Intervening weeks may be claimed regardless of whether benefits for the week in question are allowed or denied.(ii) If the claimant fails without good cause to respond within the allowed period benefits will be denied under Section 25-4-77(a)(1) until the Sunday preceding the week in which a personal appearance is made. (c) When claimant fails to file a week by telephone and calls in his claim the following week and is given a message, there has been a break in his claim series, he is instructed to report within four (4) calendar days. Should the claimant report within the four (4) calendar day period in response to the break in claim message he will only be disqualified for week of failure and allowed to claim the intervening weeks.5. Should a claimant timely file a weekly claim by telephone and fail to receive a check within 10 days it becomes the claimant's responsibility to contact the local office to inquire as to the status of the claim. Failure without good cause to make a reasonably prompt inquiry may constitute grounds for a denial of benefits for the week in question under Section 25-4-77(a)(1). When the claimant does report intervening weeks may be claimed, and if denied, such denial will be reflected in a written determination.(e) Reporting Requirements 1. claimant who fails to report for a scheduled eligibility review interview will be mailed a notice giving four (4) business days to report for the purpose of obtaining information from which to determine whether good cause existed for such failure.2. If the claimant reports within this period a determination of good cause will be made and benefits allowed or denied under the appropriate section of the law. If benefits are allowed intervening weeks may be claimed. If benefits are denied, the denial will continue until the Sunday preceding the date on which the claimant reports. If the claimant fails to report within this period, a determination will be issued reflecting ineligibility under Section 25-4-77(a)(2) and continuing until the Sunday preceding the date on which the claimant does report.3. Claimants required to register with the Employment Service will be allowed seven (7) calendar days within which to report for registration. Failure without good cause to report within this period constitute grounds for denial of benefits under the appropriate section of the law.(f) Appeals 1. Any and all determinations denying benefits under this rule must be in writing and may be appealed by the claimant.2. In contested cases where the requirements of this rule are in issue evidence showing that the agency discharged its responsibilities creates a prima facie case for an ineligible decision. The burden of showing good cause rests upon the claimant.(g) Extension of Time 1. Should the last calendar day for filing, reporting, registering, or filing an appeal fall on a Saturday, Sunday, or state holiday or other office closing the period is extended to the next following business day. Author: Byron Abrams, Unemployment Compensation Chief
Ala. Admin. Code r. 480-4-3-.32
New Rule: Filed March 1, 1996; effective April 5, 1996. Repealed and New Rule: Filed October 14, 1999; effective November 18, 1999.Statutory Authority:Code of Ala. 1975, §§ 25-2-7, 25-2-8, 25-4-111.