§ 28-44-39 - Initial determination – Notice – Reconsideration of monetary determination – Reconsideration of other determination – Appeal – Interested party.
SECTION 28-44-39
§ 28-44-39 Initial determination –Notice – Reconsideration of monetary determination – Reconsiderationof other determination – Appeal – Interested party. – (a) The director shall promptly determine:
(i) Whether or not the claimant has met the eligibilityrequirements set forth in § 28-44-11. Thereupon the director shallpromptly notify the claimant in writing of that determination, including thereasons upon which the determination was based. The director may at any timewithin one year from the date of the determination either upon request of theclaimant or on his or her own motion reconsider that determination if he or shefinds that an error in computation or in identity has occurred in connectionwith it, or that additional wages pertinent to the status of the claimant havebecome available, or if that determination was made as a result of anon-disclosure or misrepresentation of a material fact. The notice to aneligible claimant shall also include information as to his or her benefit year,his or her weekly benefit amount, his or her augmented weekly benefit amount ifhe or she has dependents, and the maximum amount of benefit credits to which heor she is entitled for unemployment during his or her benefit year;
(ii) Whether or not the claimant is disqualified under any ofthe provisions of §§ 28-44-12, 28-44-16 – 28-44-21, 28-42-62,and 28-42-68. If the director determines that the claimant is not eligible toreceive waiting period credit or benefits for any week or weeks due to adisqualification imposed under any of the provisions referred to in thissubdivision, he or she shall promptly furnish to that claimant and to allinterested parties, other than the board of review, written notice of thatdetermination together with a statement containing the reasons for thedetermination, and the period of disqualification.
(2) If the director determines that the claimant is eligibleto receive waiting period credit or benefits, he or she shall promptly furnisha written notice of that determination to the claimant and to all interestedparties other than the board of review. All notices issued under this sectionshall contain a statement of the appeal rights of the parties.
(b) Unless the claimant or any other interested party who isentitled to notice requests a hearing within fifteen (15) days after the noticeof determination has been mailed by the director to the last known address ofthe claimant and of any other interested party, the determination shall befinal. For good cause shown the fifteen (15) day period may be extended. Thedirector, on his or her own motion, may at any time within one year from thedate of the determination set forth in subdivision (a)(1) of this sectionreconsider the determination, if he or she finds that an error has occurred inconnection with it, or that the determination was made as a result of amistake, or the nondisclosure or misrepresentation of a material fact.
(c) For the purpose of this chapter, an "interested party" isdeemed to be the director, the board of review, the claimant, and any employeror employing unit who has furnished information other than wage information inaccordance with § 28-44-38(c).