Alternatives to this penalty now exist for obtaining timely separation information. There is confusion between this federal requirement and the penalty provision in state law. Employers are confused by the additional contact by Department staff requesting needed information by a deadline that is different from the statutory 10-day deadline for providing information. This penalty has increased the Department's Appeals Bureau and Job Service office workload because staff must explain the penalty, grant extensions, and hold additional hearings to determine if information was late or if the employer had good cause for missing the deadline. The Industrial Commission, which hears UI appeals, is not in agreement with the Department's interpretation of this law and is remanding cases back to the Department for new hearings that include the employer.
Remands delay a final decision and payments to eligible claimants.
This legislation will repeal this penalty provision for the above reasons. There is no fiscal impact on the State General Fund. There will be some savings in UI administrative costs due to decreased workload.