2023 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.