reglab/housing_qa huggingface dataset:
40 OK Stat § 40-2-610 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-610. Judicial review.

|JUDICIAL REVIEW. |A. Within the thirty (30) days after the day a notice of decision of the Board of Review is mailed to the parties, the Oklahoma Employment Security Commission, or any party to the proceedings before the Board of Review, may obtain judicial review by filing in the district court of the county in which the claimant resides, or if the claimant is not a resident of the State of Oklahoma then in the District Court of Oklahoma County, a petition for review of the decision of the Board of Review. The petition for review shall set out the names of all codefendants in the style of the case, which shall include:1. The Board of Review;2. The Oklahoma Employment Security Commission; and3. All other parties to the proceeding before the Board of Review.The petition for review need not be verified but shall state specifically the grounds upon which the review is sought. A copy of the petition for review shall be served upon the Board of Review at its official address and the petitioner shall also deliver to the Board of Review as many copies of the petition as there are defendants. The Board of Review shall issue to each party to the proceeding a copy of the petition and the issuance shall be deemed to be service upon all the parties. In any proceeding under this section the findings of the Board of Review as to the facts, if supported by evidence, shall be conclusive and the jurisdiction of the court shall be confined to questions of law. No additional evidence shall be received by the court, but the court may remand the case and order additional evidence to be taken by the Appeal Tribunal of the Oklahoma Employment Security Commission.B. Within sixty (60) days of the date of service of the petition on the Board of Review, the Board of Review shall file with the court a certified copy of the record of the case, including all documents and papers properly admitted into evidence and a transcript of all testimony taken in the matter, together with the Board of Review's findings, conclusions and decision.C. The proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases. An appeal may be taken from the decision of the district court to the Supreme Court of this state in the same manner as is provided in other civil cases. It shall not be necessary as a condition precedent to judicial review of any decision of the Board of Review to enter exceptions to the rulings of the Board, and no bond shall be required as a condition of initiating a proceeding for judicial review or entering an appeal from the decision of the court. Upon the final termination of the judicial proceeding, the Board of Review shall enter an order in accordance with the mandate of the district or appellate court.Added by Laws 1980, c. 323, § 2-610, eff. Oct. 1, 1980. Amended by Laws 2006, c. 176, § 10, eff. July 1, 2006; Laws 2008, c. 132, § 9, eff. Nov. 1, 2008; Laws 2011, c. 256, § 9; Laws 2021, c. 424, § 8, eff. Nov. 1, 2021.
40 OK Stat § 40-2-610.1 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-610.1. Conclusiveness of proceedings.

|Any findings of fact or law, judgment, conclusion or final order made by the Oklahoma Employment Security Commission, its referees, the Appeal Tribunal or Board of Review in an unemployment insurance proceeding shall not be conclusive or binding in any separate or subsequent action or proceeding, and shall not be used as evidence in any separate or subsequent action or proceeding, between an individual and his or her present or prior employer in any other forum regardless of whether or not the prior action was between the same or related parties or involved the same facts. |Added by Laws 1991, c. 295, § 2, eff. Sept. 1, 1991. Renumbered from § 2-610A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006.
40 OK Stat § 40-2-611 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-611. Commission is a party.

|COMMISSION IS A PARTY. The Commission shall be a party to and entitled to notice in any proceeding involving a claim for benefits before a referee or the Board of Review. In any proceeding for judicial review the Commission may be represented by any attorney employed by the Commission or designated by it for that purpose or, at the Commission's request, by the Attorney General. |Added by Laws 1980, c. 323, § 2-611, eff. Oct. 1, 1980.
40 OK Stat § 40-2-612 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-612. Payment of benefits.

|PAYMENT OF BENEFITS. |Benefits shall be promptly paid on any claim in accordance with a determination or redetermination or the decision of a referee, the Board of Review or a reviewing court upon the issuance of the determination, redetermination or decision, regardless of the pendency of an appeal, or petition for judicial review that is provided by the Employment Security Act of 1980, unless and until the determination, redetermination, or decision has been modified or reversed by a subsequent redetermination or decision, in which event benefits shall be paid or denied for weeks of unemployment thereafter in accordance with the modifying or reversing redetermination or decision. No injunction, supersedeas, stay or other writ or process suspending the payment of the benefits shall be issued by any court, but if the determination, redetermination or decision is finally modified or reversed to deny benefits no employer's account shall remain charged with benefit wages pursuant to the erroneous determination, redetermination or decision and benefits shall not be paid for any weeks of unemployment involved in the modification or reversal that begin after the final decision.Added by Laws 1980, c. 323, § 2-612, eff. Oct. 1, 1980. Amended by Laws 2011, c. 256, § 10.
40 OK Stat § 40-2-614 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-614. Waiver of appeal time.

|WAIVER OF APPEAL TIME. |All time periods provided for appeals pursuant to the provisions of Article 2 of the Employment Security Act of 1980 may be waived for good cause shown up to one (1) year after the date of the determination or redetermination; provided, this waiver shall not apply to appeals to district court of decisions of the Board of Review.Added by Laws 1983, c. 270, § 7, emerg. eff. June 23, 1983. Amended by Laws 1992, c. 318, § 2, eff. July 1, 1992; Laws 2003, c. 177, § 4, eff. Nov. 1, 2003; Laws 2019, c. 251, § 6, eff. July 1, 2019.
40 OK Stat § 40-2-615 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-615. Waiver of interest.

|Any interest, or any portion thereof, that accrues pursuant to the provisions of Section 2-613 of Title 40 of the Oklahoma Statutes, may be waived by the Oklahoma Employment Security Commission provided the failure of the claimant to remit payment at the time a determination of overpayment was made: |1. Is explained to the satisfaction of the Commission;2. Resulted from a mistake by the claimant of either the law or the facts concerning the repayment of overpayment benefits; or3. Was caused by insolvency of the claimant.No waiver of interest shall be granted unless a request for waiver is filed with the Commission within a three-year period from the date the interest accrued. No waiver of interest shall be granted to a claimant if it is determined that the claimant received an overpayment of benefits through fraud.Added by Laws 2002, c. 452, § 14, eff. Nov. 1, 2002.
40 OK Stat § 40-2-616 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-616. Notice of overpayment determination.

|NOTICE OF OVERPAYMENT DETERMINATION. |A. If the Oklahoma Employment Security Commission or its representative determines that an individual has been overpaid unemployment benefits pursuant to Section 2-613 of this title for fraud overpayment or claimant error overpayment, the individual shall be sent a notice of overpayment determination. If the individual disagrees with this determination, the individual may file an appeal of the determination with the Appeal Tribunal within twenty (20) days after the date of the mailing of the notice to the individual's last-known address or, if the notice is not mailed, within twenty (20) days after the date of the delivery of the notice. If the individual fails to appeal the determination within the time provided, without good cause, then the determination will be deemed final and no further appeal shall be allowed.B. If the Oklahoma Employment Security Commission or its representative determines that an individual has been overpaid unemployment benefits pursuant to paragraph 3 of Section 2-613 of this title relating to administrative overpayment, the individual shall be sent a notice of overpayment determination. If the individual disagrees with this determination, the individual may file an appeal of the determination with the Appeal Tribunal within ten (10) days after the date of mailing of the notice to the individual's last-known address or, if the notice is not mailed, within ten (10) days after the date of the delivery of the notice. If the individual fails to appeal the determination within the time provided, without good cause, the determination will be deemed final and no further appeal shall be allowed.Added by Laws 2002, c. 452, § 15, eff. Nov. 1, 2002. Amended by Laws 2011, c. 256, § 11; Laws 2013, c. 71, § 7, eff. Nov. 1, 2013; Laws 2021, c. 424, § 9, eff. Nov. 1, 2021.
40 OK Stat § 40-2-619 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-619. Treasury offset program – Benefit overpayment collections.

|TREASURY OFFSET PROGRAM – BENEFIT OVERPAYMENT COLLECTIONS. |A. The Oklahoma Employment Security Commission shall be authorized to collect unemployment benefit overpayment indebtedness through the Tax Offset Program of the U.S. Department of the Treasury pursuant to 26 U.S.C., Section 6402(f) and 31 CFR, Section 285.8. The Commission may submit overpayment indebtedness due to fraud that was established pursuant to paragraph 1 of Section 2-613 of Title 40 of the Oklahoma Statutes and overpayment indebtedness due to claimant error that was established under paragraph 2 of Section 2-613 of Title 40 of the Oklahoma Statutes, if the claimant error overpayment was due to a failure to report earnings.B. Before submitting an indebtedness to the U.S. Department of the Treasury for collection through the Tax Offset Program, the Oklahoma Employment Security Commission shall notify the debtor in writing of the amount of the debt and the date the indebtedness was established. The notification shall give the debtor sixty (60) days from the date of mailing of the notice to present evidence to the Commission that all or a part of the indebtedness is not legally enforceable or is otherwise invalid.C. If the debtor responds to the notice by presenting evidence, the Commission shall evaluate the evidence and review its records of the indebtedness. Based on this evaluation and review, the Commission may modify the amount of the indebtedness. Once the evaluation and review process is complete, the indebtedness shall be submitted to the U.S. Department of the Treasury for collection through the Tax Offset Program.D. If no evidence is presented by the debtor within the sixty-day time period allowed by the notice, the amount of the indebtedness will be submitted to the U.S. Department of the Treasury for collection through the Tax Offset Program.E. If the Oklahoma Employment Security Commission receives an erroneous payment from the U.S. Department of the Treasury, the Oklahoma Employment Security Commission shall return the payment to the U.S. Department of the Treasury. If the money that was erroneously paid to the Oklahoma Employment Security Commission had been credited to an unemployment benefit overpayment indebtedness, that indebtedness shall be reinstated to the amount that existed before the payment was credited.Added by Laws 2015, c. 249, § 10, eff. Nov. 1, 2015.
40 OK Stat § 40-2-701 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-701. Definitions of terms applicable to extended benefits.

|DEFINITIONS OF TERMS APPLICABLE TO EXTENDED BENEFITS. The words and phrases used in this Part shall, unless the context clearly requires otherwise, have the meanings prescribed in this part. |Added by Laws 1980, c. 323, § 2-701, eff. July 1, 1980.
40 OK Stat § 40-2-702 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-702. Applicability.

|APPLICABILITY. The provisions of this part shall apply to the Extended Benefits Program. |Added by Laws 1980, c. 323, § 2-702, eff. July 1, 1980.
40 OK Stat § 40-2-703 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-703. Extended benefit period.

|EXTENDED BENEFIT PERIOD. "Extended benefit period" means a period which shall: |(1) begin with the third week after the first week for which there is a state "on" indicator; and(2) end with either of the following weeks, whichever occurs later:(a)the third week after the first week for which there is a state "off" indicator, or(b)the thirteenth consecutive week of such period.No extended benefit period may begin by reason of a state "on" indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this state.Added by Laws 1980, c. 323, § 2-703, eff. July 1, 1980. Amended by Laws 1982, c. 304, § 11, operative Oct. 1, 1982.
40 OK Stat § 40-2-706 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-706. State "on" indicator.

|STATE "ON" INDICATOR. |There is a "state 'on' indicator" for this state for a week if the Oklahoma Employment Security Commission determines, in accordance with the regulations of the Secretary of Labor of the United States, that for the period consisting of such week and the immediately preceding twelve (12) weeks, the rate of insured unemployment, not seasonally adjusted:1. Equaled or exceeded one hundred twenty percent (120%) of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two (2) calendar years, and equaled or exceeded five percent (5%); or2. Equaled or exceeded six percent (6%).Any optional or revised "state 'on' indicator" or indicators or optional waiver by a state of any such indicator or part of any such indicator provided for by Congress for any period of time shall be considered to be in effect in Oklahoma for such period of time.Added by Laws 1980, c. 323, § 2-706, eff. July 1, 1980. Amended by Laws 1982, c. 304, § 12, operative Oct. 1, 1982; Laws 2002, c. 452, § 18, eff. Nov. 1, 2002.
40 OK Stat § 40-2-707 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-707. State "off" indicator.

|STATE "OFF" INDICATOR. |There is a "state 'off' indicator" for this state for a week if the Commission determines, in accordance with the regulations of the Secretary of Labor of the United States, that for the period consisting of such week and the immediately preceding twelve (12) weeks, the rate of insured unemployment, not seasonally adjusted was either:1. Less than six percent (6%) and was less than one hundred twenty percent (120%) of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two (2) calendar years; or2. Less than five percent (5%).Any optional or revised "state 'off' indicator" or indicators or optional waiver by a state of any such indicator or part of any such indicator provided for by Congress for any period of time shall be considered to be in effect in Oklahoma for such period of time.Added by Laws 1980, c. 323, § 2-707, eff. July 1, 1980. Amended by Laws 1982, c. 304, § 13, operative Oct. 1, 1982; Laws 2002, c. 452, § 19, eff. Nov. 1, 2002.
40 OK Stat § 40-2-708 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-708. Rate of insured unemployment.

|RATE OF INSURED UNEMPLOYMENT. "Rate of insured unemployment", for purposes of Sections 2-706 and 2-707 of this title, means the percentage derived by dividing: |(1) the average weekly number of weeks claimed for weeks of unemployment for regular benefits, including interstate claims filed in this state with respect to the most recent thirteen-consecutive-week period, as determined by the Commission on the basis of its reports to the Secretary of Labor of the United States, by(2) the average monthly employment covered under this act for the first four (4) of the most recent six (6) completed calendar quarters ending before the end of such thirteen-week period.Added by Laws 1980, c. 323, § 2-708, eff. July 1, 1980. Amended by Laws 1982, c. 304, § 14, operative Oct. 1, 1982.
40 OK Stat § 40-2-709 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-709. Regular benefits.

|REGULAR BENEFITS. "Regular benefits" mean benefits payable to an individual under this act, or under any other state law, including dependents' allowances and benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. Chapter 85, other than extended benefits. |Added by Laws 1980, c. 323, § 2-709, eff. July 1, 1980.
40 OK Stat § 40-2-710 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-710. Extended benefits.

|EXTENDED BENEFITS. "Extended benefits" mean benefits, including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. Chapter 85, payable to an individual under the provisions of this Part 7 for weeks of unemployment, as defined by this act, in his eligibility period. |Added by Laws 1980, c. 323, § 2-710, eff. July 1, 1980.
40 OK Stat § 40-2-711 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-711. Eligibility period.

|ELIGIBILITY PERIOD. "Eligibility period" of an individual for extended benefits means the period consisting of the weeks in his benefit year as defined by this act, which begin in an extended benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such extended benefit period. |Added by Laws 1980, c. 323, § 2-711, eff. July 1, 1980.
40 OK Stat § 40-2-712 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-712. Exhaustee.

|EXHAUSTEE. A. "Exhaustee" means an individual who, with respect to any week of unemployment in his eligibility period: |(1) has received, prior to such week, all the regular benefits payable to him according to the monetary determination for his current benefit year that includes such week under this act, or of any other state law; or(2) has received, prior to such week, all the regular benefits available to him in his current benefit year that includes such week under this act or of any other state law after a cancellation of some or all of his wage credits or the partial or total reduction of his right to regular compensation; or(3) his benefit year having expired prior to such week, has insufficient wages or employment, or both, on the basis of which he could establish in any state a new benefit year that would include such week, or having established a new benefit year that includes such week, he is precluded from receiving regular benefits by reason of the provisions of Part 1 of Article 2 or the provision of any other state law that meets the requirements of Section 3304(a)(7) of the Internal Revenue Code of 1954; and(4) has no right to unemployment benefits or allowances, as the case may be, under the following federal laws: The Railroad Unemployment Insurance Act, the Trade Expansion Act, and the Automotive Products Trade Act; and(5) has not received and is not seeking for such week unemployment benefits under the law of Canada, but if he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under such law, he is an exhaustee.B. For purposes of paragraphs (1) and (2) of subsection A, an individual shall be deemed to have received in his current benefit year all of the regular benefits payable to him according to the monetary determination or available to him, as the case may be, even though:(1) as a result of a pending appeal with respect to wages or employment or both that were not included in the original monetary determination with respect to such benefit year, he may subsequently be determined to be entitled to more regular benefits; or(2) having established a benefit year, no regular benefits are payable to him during such year because his wage credits were cancelled or his right to regular compensation was totally reduced as the result of the application of a disqualification.Added by Laws 1980, c. 323, § 2-712, eff. July 1, 1980. Amended by Laws 1981, c. 259, § 13, emerg. eff. June 25, 1981.
40 OK Stat § 40-2-713 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-713. State law.

|STATE LAW. "State law" means the unemployment insurance law of any state, approved by the Secretary of Labor of the United States under Section 3304 of the Internal Revenue Code of 1954. |Added by Laws 1980, c. 323, § 2-713, eff. July 1, 1980.
40 OK Stat § 40-2-714 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-714. Extended benefits.

|EXTENDED BENEFITS. Except when the result would be inconsistent with the other provisions of this section, as provided in the rules of the Commission, the provisions of this act which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits including, but not limited to, claim filing, claimant reporting and registration, information to claimants, notices to claimants of their weekly and total extended benefit amounts determinations, redeterminations, appeals and review, week for which benefits are paid, disqualifications and eligibility requirements, but excluding those provisions which apply to any waiting period, monetary qualifying or requalifying requirements and the computation of weekly and total amounts of regular benefits. |Added by Laws 1980, c. 323, § 2-714, eff. July 1, 1980. Amended by Laws 1993, c. 219, § 11, eff. Sept. 1, 1993.
40 OK Stat § 40-2-716 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-716. Weekly extended benefit amount.

|WEEKLY EXTENDED BENEFIT AMOUNT. (1) The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit amount payable to him for a week of total unemployment during his current benefit year, or if he has no current benefit year, his most recent benefit year. If the individual had more than one (1) weekly amount of regular benefits for total unemployment during such benefit year, the weekly amount of extended benefits for total unemployment shall be the average of such weekly benefit amounts. |(2) The weekly benefit amount of extended benefits payable for a week of less than total unemployment shall be based on the weekly benefit amount determined pursuant to subsection (1) of this section. Provided, that for any week during a period in which federal payments to states under Section 204 of the Federal-State Extended Unemployment Compensation Act of 1970 are reduced under an order issued under Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, the weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be reduced by a percentage equivalent to the percentage of the reduction in the federal payment. Such reduced weekly extended benefit amount, if not a full dollar amount, shall be rounded to the nearest lower full dollar amount.Added by Laws 1980, c. 323, § 2-716, eff. July 1, 1980. Amended by Laws 1986, c. 205, § 6, emerg. eff. June 6, 1986.