NY Lab L § 597 (2021)
2021 New York Laws LAB - Labor Article 18 - Unemployment Insurance Law Title 7 - Benefits and Claims 597 - Initial Determination.

§  597.  Initial determination. 1. Issuance. The validity of the claim and the amount of benefits payable to the claimant shall  be  determined in  accordance  with  the  regulations  and procedure established by the commissioner and, when such determination is issued by the commissioner, it shall be deemed the initial determination of the claim.   2. Obtaining information necessary for determinations. (a) When filing an original claim, each claimant shall furnish to the  commissioner  all information  which  the commissioner shall require concerning his or her prior employment.  (b) Whenever a claimant's base period includes  a  completed  calendar quarter for which a wage data report is not due or has not been received and  the  claimant provides information as required by the commissioner, the commissioner shall determine such claimant's entitlement and benefit rate using the information  the  claimant  provided  for  such  quarter. However, in those instances where the claimant is unable to provide such information  to  the  commissioner's  satisfaction, the commissioner may request the employer to provide the amount of remuneration paid to  such individual. The commissioner shall notify each base period employer upon the  establishment  of  a  valid  original  claim,  of such claim. If an employer provides new  or  corrected  information  in  response  to  the initial  notice  of  monetary entitlement, adjustments to the claimant's benefit rate and adjustments to the employer's experience rating account shall be prospective as of the date such information was received by the department.  (c) Notwithstanding paragraph (b) of this subdivision, adjustments  to the  claimant's  benefit  rate  and  adjustment to the experience rating charges to the employers' accounts will be retroactive to the  beginning of the benefit claim in the following circumstances:  (i) the new or corrected information results in a higher benefit rate, or  (ii)  the  new  or  corrected  information  results  in the claimant's failure to establish a valid original claim, or  (ii) the amount of the previously established benefit rate  was  based upon the claimant's willful false statement or representation.  (d)   Notwithstanding   any  provisions  of  this  article,  unless  a commissioner's error is shown or the failure is the direct result  of  a disaster  emergency declared by the governor or president, an employer's account shall not be relieved of charges resulting in an overpayment  of benefits  when the commissioner determines that the overpayment was made because the employer or the agent of the employer failed  to  timely  or adequately  respond  to  a  request  for  information  in  the notice of potential  charges  or  other  such  notice  requesting  information  in relation  to  a  claim  under  this article, provided, however, that the commissioner shall relieve the employer of charges the first  time  that the  employer  fails  to  provide timely or adequate information, if the employer provides good cause for  such  failure  as  determined  by  the commissioner.   "Timely"  shall  mean  a  response  is  provided  in  the  time period specified in the notice as prescribed by the commissioner.   The term "adequately" shall  mean  that  the  employer  or  its  agent submitted information sufficient to render a correct determination.   This  prohibition  for  relief of charges shall apply to all employers under this article including  employers  electing  payment  in  lieu  of contributions.   3. Limitation on review of determinations. Any determination regarding a   benefit   claim   may,   in   the   absence   of   fraud  or  wilful misrepresentation, be reviewed only within one year from the date it  is issued  because  of  new  or corrected information, or, if the review is  based  thereon,  within  six  months  from  a  retroactive  payment   of remuneration,  provided  that  no decision on the merits of the case has been made upon hearing or appeal.  Such review shall be conducted and  a new  determination  issued  in  accordance  with  the provisions of this article and regulations and procedure prescribed thereunder with respect to the adjudication and  payment  of  claims,  including  the  right  of appeal.   4.  Effect  of review. Whenever a new determination in accordance with the preceding subdivision or a decision by a referee, the appeal  board, or  a  court  results  in  a  decrease  or denial of benefits previously allowed, such new determination or decision, unless it  shall  be  based upon  a retroactive payment of remuneration, shall not affect the rights to  any  benefits  already  paid  under  the  authority  of  the   prior determination or decision provided they were accepted by the claimant in good  faith  and  the  claimant  did  not  make  any  false statement or representation and did  not  wilfully  conceal  any  pertinent  fact  in connection with his or her claim for benefits.