§ 28-41-16 - Determination of claim.
SECTION 28-41-16
§ 28-41-16 Determination of claim. –(a) Upon the filing of a claim, the director shall promptly examine the claimand on the basis of facts found by the director and records maintained by thedepartment, the claim shall be determined to be valid or invalid. If the claimis determined to be valid, the director shall promptly notify the claimant asto the week with respect to which benefits shall commence, the weekly benefitamount payable, and the maximum duration of those benefits. If the claim isdetermined to be invalid, the director shall likewise notify the claimant andany other interested parties of that determination and the reasons for it. Ifthe processing of the claim is delayed for any reason, the director shallnotify the claimant, in writing, within three (3) weeks of the date theapplication for benefits is filed of the reason for the delay. Unless theclaimant or any other interested party, within fifteen (15) days, requests ahearing before the board of review, the determination with reference to theclaim is final. However, for good cause shown the fifteen (15) day period maybe extended after notification by the director has been mailed to his or herlast known address, as provided in this section. At any time within one yearfrom the date of a monetary determination, the director, upon request of theclaimant or on his or her own motion, may reconsider his or her determinationif he or she finds that an error in computation or identity has occurred inconnection with it or that additional wages pertinent to the claimant's statushave become available, or if that determination has been made as a result of anondisclosure or misrepresentation of a material fact.
(b) If an appeal is duly filed, benefits with respect to theperiod prior to the final decision, if it is found that those benefits arepayable, shall be paid only after the decision. If an appeal tribunal affirms adecision of the director, or the board of review affirms a decision of anappeal tribunal allowing benefits, those benefits shall be paid regardless ofany appeal which may subsequently be taken.