Section 172-11-4 - Fact-Finding InterviewsWhenever the employer informs the deputy, in writing prior to the date on which a Deputy's Decision becomes final, that the claimant's separation was not due to lack of work, or whenever the employer provides new information or otherwise raises a new issue, in writing either before or after the issuance of a Deputy's Decision, a fact-finding interview may be held if the deputy determines that such interview is necessary. Fact-finding interviews shall be held in accordance with this section.
A. Claimant is not in "Pay Status." When a separation or nonseparation issue is discovered, and it is not during the period a claimant is receiving benefits, a fact-finding interview will be scheduled. Notice will be provided, in writing, to all interested parties. Fact-finding interviews will be scheduled to be held not less than three (3), nor more than ten (10), working days after the date that the notice is mailed to the interested parties unless the notice period is waived in accordance with subsection C of this section.B. Claimant is in "Pay Status." When a separation or nonseparation issue is discovered and it is during the period a claimant is receiving benefits, then the interested parties will be informed in writing of the date and time of the fact-finding interview to be scheduled in accordance with subsection 2 of Section 1194 of the Employment Security Law unless the notice period is waived in accordance with subsection C of this section.C. Waiver of Fact-Finding Notice Period. The right to a notice period prior to the fact-finding interview, which is required by subsection 2 of Section 1194 of the Employment Security Law, may be waived if all interested parties waive, in writing or verbally, their right to a minimum of five (5) days notice. If an interested party verbally waives the notice period prior to the fact-finding interview, the waiver must be documented on the form on which the fact-finding interview is recorded and signed by a deputy.D. Conduct of Interview. During the fact-finding interview, the employer shall be afforded the opportunity to present evidence with respect to the issue raised, and the claimant shall be afforded an opportunity to rebut such evidence. The claimant shall then be afforded the opportunity to present his or her own evidence subject to the employer's rebuttal. Thereafter, the deputy shall mail to the parties a written decision in accordance with sections 2 and 3 of this chapter. Such decision shall become final unless an appeal is filed pursuant to subsection 2 of Section 1194 of the Employment Security Law.12- 172 C.M.R. ch. 11, § 4