Sec. 31-241. Determination of claims and benefits. Notice, hearing and appeal. Regulations.
Sec. 31-241. Determination of claims and benefits. Notice, hearing and appeal.
Regulations. (a) The administrator, or a deputy or representative designated by him
and hereinafter referred to as an examiner, shall promptly examine the initiating claim
and, on the basis of the facts found by him, shall determine whether or not such claim
is valid and, if valid, the weekly amount of benefits payable and the maximum possible
duration thereof. He shall promptly notify the claimant of the decision and the reasons
therefor, which notification shall set forth the provision of this section for appeal. The
administrator or an examiner shall promptly examine each claim for a benefit payment
for a week of unemployment and, on the basis of the facts found by him, shall determine
whether or not the claimant is eligible to receive such benefit payment for such week
and the amount of benefits payable for such week. The determination of eligibility by
the administrator or an examiner shall be based upon evidence or testimony presented
in such a manner as the administrator shall prescribe, including in person, in writing,
by telephone or by other electronic means at a hearing called for such purpose. Notice
of the decision and the reasons therefor shall be given to the claimant. The employers
against whose accounts charges may be made due to any benefits awarded by the decision
shall be notified of the initial determination of the claimant's benefit entitlement at the
time notice is given to the claimant, which notification shall set forth the provisions of
this section for appeal, provided any employer who claims that the claimant is ineligible
for benefits because his unemployment is due to the existence of a labor dispute at such
employer's factory, establishment or other premises, shall be notified of the decision
and the reasons therefor, whether or not benefits awarded by the decision might be
charged against such employer's account. The employer's appeal rights shall be limited
to the first notice he is given in connection with a claim which sets forth his appeal
rights, and no issue may be appealed if notice of such issue and the right to appeal such
issue had previously been given. Notwithstanding any provisions of this chapter to the
contrary, whenever the employer, after receiving notice of such hearing, fails to appear
at the hearing or fails to timely submit a written response in a manner prescribed by the
administrator, such employer's proportionate share of benefits paid to the claimant prior
to the issuance of a decision by a referee under section 31-242 for any week beginning
prior to the forty-second day after the end of the calendar week in which the employer's
appeal was filed shall be charged against such employer's account and the claimant
shall not be charged with an overpayment with respect to such benefits pursuant to
subsection (a) of section 31-273. The decision of the administrator shall be final and
benefits shall be paid or denied in accordance therewith unless the claimant or any of
such employers, within twenty-one calendar days after such notification was mailed to
his last-known address, files an appeal from such decision and applies for a hearing,
provided (1) any such appeal which is filed after such twenty-one-day period may be
considered to be timely filed if the filing party shows good cause, as defined in regulations adopted pursuant to section 31-249h, for the late filing, (2) if the last day for filing
an appeal falls on any day when the offices of the Employment Security Division are
not open for business, such last day shall be extended to the next business day, and (3)
if any such appeal is filed by mail, such appeal shall be considered timely filed if it
was received within such twenty-one-day period or bears a legible United States postal
service postmark which indicates that within such twenty-one-day period it was placed
in the possession of such postal authorities for delivery to the appropriate office. Posting
dates attributable to private postage meters shall not be considered in determining the
timeliness of appeals filed by mail. Where the administrator or examiner has determined
that the claimant is eligible for benefits, benefits shall be paid promptly in accordance
with the determination regardless of the pendency of the period to file an appeal or the
pendency of such appeal. No examiner shall participate in any case in which he is an
interested party. Any person who has filed a claim for benefits pursuant to an agreement
entered into by the administrator with the proper agency under the laws of the United
States, whereby the administrator makes payment of unemployment compensation out
of funds supplied by the United States, may in like manner file an appeal from the
decision of such claim and apply for a hearing, and the United States or the agency
thereof which had employed such person may in like manner appeal from the decision
on such claim and apply for a hearing.
(b) The administrator shall adopt regulations, in accordance with the provisions
of section 31-244 and chapter 54, effective July 1, 1992, establishing procedures and
guidelines necessary to implement the provisions of this section. Such regulations shall
prescribe a minimum number of days of advance notice to be afforded parties prior to
a hearing and standards for determining the timeliness of written responses to hearing
notices.
(1949 Rev., S. 7513; 1955, S. 3077d; 1957, P.A. 596, S. 5; February, 1965, P.A. 347; 1967, P.A. 790, S. 15; 1971, P.A.
835, S. 22; P.A. 73-536, S. 7, 12; P.A. 74-229, S. 18, 22; 74-339, S. 14, 36; P.A. 79-187, S. 2; P.A. 80-260, S. 1; P.A. 87-364, S. 1, 8; P.A. 91-107, S. 1, 2; P.A. 95-323, S. 4, 8.)
History: 1965 act specified that 7-day period for appeals excludes Sundays and holidays; 1967 act provided for extension
of appeal deadline if last day for filing "falls on any day when the offices of the employment security division are not open
for business"; 1971 act replaced provision which allowed payment of benefits which may be affected by hearing only after
final determination is reached with provisions setting forth conditions under which payments may be made during the
course of the appeal procedure; P.A. 73-536 specified that notification of employers is not necessary "in cases of claimants
laid off for lack of work" and reworded notification provision for clarity, deleted references to "merit rating" accounts and
to "compensable separations" and deleted provision requiring notification of state or political subdivision in claims where
it is designated a base period employer; P.A. 74-229 deleted exception re notification requirement for claimants laid off
for lack of work, required notification of employers re initial determination of benefit entitlement in all cases, added
provision limiting employer's appeal rights and extended time for appeal to 14 days, deleting former exclusion for Sundays
and holidays; P.A. 74-339 required that determination of eligibility be based on evidence presented in person or in writing
at hearing and required that benefits be paid regardless of appeal where previously payment of benefits was conditional;
P.A. 79-187 required notification of employers "at the time notice is given to the claimant" rather than "in accordance
with subsection (f) of section 31-225a"; P.A. 80-260 increased time for appeal to 21 days; P.A. 87-364 provided that an
appeal filed after 21 calendar days may be timely if there was good cause for the late filing, and that the postmark of any
appeal filed by mail will be used to determine timeliness; P.A. 91-107 designated existing section as Subsec. (a), made a
technical change, added provisions re failure of the employer to appear at a hearing or submit a written response and added
Subsec. (b) re regulations, effective July 1, 1992; P.A. 95-323 amended Subsec. (a) to allow evidence or testimony presented
by telephone or by other electronic means, effective October 1, 1995, and applicable to any separation of employment
occurring on or after that date.
See Sec. 1-2a re construing of references to "United States mail" or "postmark" to include references to any delivery
service designated by the Secretary of the Treasury pursuant to Section 7502 of the Internal Revenue Code of 1986 or any
successor to the code, as amended, and to any date recorded or marked as described in said Section 7502 by a designated
delivery service and construing of "registered or certified mail" to include any equivalent designated by the Secretary of
the Treasury pursuant to said Section 7502.
Expenses of appeal denied where not claimed before administrator. 133 C. 310. Cited. 135 C. 373. Cited. 141 C. 321.
Unemployment commissioner's conclusion that the unemployment of the plaintiffs was due to the existence of a labor
dispute is supported by the finding and therefore must stand. 142 C. 497. Cited re section's affect on the speed and fairness
of the resolution of contested claims. 175 C. 269. Cited. 192 C. 104; Id., 581. Cited. 200 C. 243.
Cited. 1 CA 591. Cited. 2 CA 1. Cited. 9 CA 131. Cited. 39 CA 441.
Cited. 15 CS 62. Cited. 18 CS 11. Cited. 23 CS 236. Cited. 27 CS 217. For any period subsequent to period covered
by commissioner's decision, claimant is entitled to new notification and new seven-day period thereafter in which to take
another appeal. 28 CS 248. Effect of late appeal. 30 CS 105. Cited. 37 CS 38. Cited. 44 CS 285.