N.H. Admin. Code § Emp 303.08

Current through Register No. 50, December 12, 2024
Section Emp 303.08 - Notice of Claim and Verification Request Form
(a) Whenever required by RSA 282-A:45, a "Notice of Claim and Verification Request" form,formerly known as "Request To Employer for Separation Information", shall be sent either by e-mail notice pursuant to Emp 405.03 or by mail by the certifying officer to the employer or employing unit for whom the claimant last performed services.
(b) The certifying officer shall provide the following information on the "Notice of Claimand Verification Request" form:
(1) The name and social security account number of the claimant;
(2) The claimant's benefit year beginning and ending dates;
(3) The issue date;
(4) The claimant's reported dates of employment and reason for separation with the employer or employing unit;
(5) Whether the claimant has advised the department of the receipt or expectation to receive any of the following payments upon his or her separation from employment with the employer or employing unit, to include:
a.Severance pay;
b.Vacation pay;
c.Holiday pay;
d.Bonus pay;
e.Sick pay;
f.Personal time off;
g.Pension/retirement payout;
h.Pension/retirement on-going payment; or
i.Other; and
(6) The date by which the employer or employing unitmust respond pursuant to Emp 303.08(d).
(c) The employer or employing unit shall notify the department, electronically if the employer has registered pursuant to Emp 405.04 and wishes to use this method, otherwise by hand-delivery, mail, fax or telephone at the address, fax or telephone numbers designated by the department on the form if:
(1) The actual cause is other than lack of work;
(2) The dates of employment, as reported by the claimant, are incorrect; or
(3) The claimant provided incorrect information regarding the receipt or expected receipt of any of the separation payments listed in Emp 303.08(b) (3).
(d) The employer or employing unit notifying the department pursuant to (c) above shall assure receipt by the department of the information within 7 calendar days from the date of mailing, which is noted on the form as the issue date,by the department of the "Notice of Claim and Verification Request" form.
(e) If the employer or employing unit's response in the "Notice of Claim and Verification Request" form states a cause of claimant's unemployment that would potentially disqualify the claimant, the department shall contact the employer or employing unit to obtain information regarding the separation from employment as follows:
(1) The department shall contact the employer or employing unit, eitherby e-mail notice pursuant to Emp 405.03, telephone, orfax to obtain information regarding the separation from employment unless the claimant has certified the earning of sufficient wage credits to remove any disqualification pursuant to RSA 282-A:32,I; and
(2) The employer or employing unit shall within 48 hours of the date and time it is contacted by the department, provide full and complete information, by on-line self-service, mail-delivery, telephone, fax, or e-mail.
(f) Failure of the employer or employing unit to provide the information required by the department in Emp 303.08(c) or (e) (2) within the periods of time set forth in Emp 303.08(d) and (e) (2)shall be deemed an irrevocable waiver of its right to be heard before the determination is made. Benefits charged to its account as a result of the determination shall remain so charged even though the claimant is held not to be entitled to unemployment compensation by reason of a later decision.
(g) The department shall comply with the requirements of RSA 282-A:45, I (c) in the "Notice of Claim and Verification Request" form.
(h) The employer or employing unit shall indicate whether they wish to waive and release all rights to appeal prior to the determination on this claim under RSA 282-A: 42-67 except for the right to request a re-determination under RSA 282-A: 46.
(i) The employer shall certify that the information furnished on the form is true and correct.

N.H. Admin. Code § Emp 303.08

#2234, eff 1-1-83; ss by #2930, eff 12-21-84, EXPIRED: 12-21-90

New. #5243, eff 5-6-91; ss by #6504, INTERIM, eff 5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97; ss by #7249, eff 4-30-00; amd by #8001, eff 12-14-03; ss by #9527, eff 8-17-09; renumbered by #10081 (formerly Emp 302.08); amd by #10446, INTERIM, eff 10-21-13, EXPIRED: 4-21-14

New. #10588, eff 5-13-14

The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/2014 is not yet available.

The amended version of this section by New Hampshire Register Volume 35, Number 49, eff.11/12/2015 is not yet available.