reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 3 - Benefits › Section 27-3-316 - Applicability of Regular Claim and Payment Provisions to Extended Benefits; Determination of Amount.

27-3-316. Applicability of regular claim and payment provisions to extended benefits; determination of amount.
(a) Except as otherwise provided by this article and regulation of the commission, regular benefit claim and payment provisions of this act apply to extended benefits.
(b) An eligible individual's weekly extended benefit amount for a week of total unemployment in his eligibility period is equal to his weekly benefit amount payable during the applicable benefit year except as hereafter provided:
(i) If the amount of extended benefits reimbursed by the federal government under the federal-state extended unemployment compensation act is reduced or increased, then an eligible claimant's weekly and potential maximum extended benefit amount shall be similarly reduced or increased by an amount sufficient to assure that the federal government and the state of Wyoming share the cost on an equal basis. The reduced weekly extended benefit amount, if not a full dollar amount, shall be rounded to the next lower multiple of one dollar ($1.00);
(ii) The provisions in W.S. 27-3-509(c) which determine the reimbursable rate of certain employers shall not be affected by paragraph (i) of this subsection.
(c) An eligible individual's total extended benefit amount for his applicable benefit year is the lesser of:
(i) Fifty percent (50%) of his total amount of regular benefits under this article in the applicable benefit year; or
(ii) Thirteen (13) times his weekly benefit amount under this article for a week of total unemployment in the applicable benefit year. A reduction in an eligible claimant's weekly and potential maximum extended benefit amount, resulting from the application of paragraph (b)(i) of this section, will not increase the number of weeks of extended benefit entitlement beyond that specified in paragraphs (i) and (ii) of this subsection.
(d) Notwithstanding any other provision of this act and if the benefit year of an individual ends within an extended benefit period, the remaining balance of extended benefits the individual is otherwise entitled to receive in that extended benefit period for unemployment beginning after the end of the benefit year shall be reduced by the product of the number of weeks he received an amount as trade readjustment allowances within that benefit year multiplied by his weekly extended benefit amount. Extended benefits shall not be reduced below zero by reason of this subsection.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 3 - Benefits › Section 27-3-318 - Payment of Benefits Accrued by Deceased.

27-3-318. Payment of benefits accrued by deceased.
The department may pay benefits accrued under this article by a deceased individual to his surviving spouse, children or parents without letters testamentary or letters of administration.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 3 - Benefits › Section 27-3-319 - Waiver Agreements Void; Exception; Assignments Void; Exemption From Levy.

27-3-319. Waiver agreements void; exception; assignments void; exemption from levy.
(a) Except as provided by W.S. 27-3-305, 27-3-320 and 27-3-321, any agreement to waive, release or commute benefit rights or any other rights under this act is void and any agreement by any employed individual to pay any portion of an employer's contribution required by this act is void.
(b) Except as provided by W.S. 27-3-305, 27-3-320 and 27-3-321, the assignment, transfer, pledge or encumbrance of benefit rights under this act is void.
(c) Benefit rights are exempt from levy, execution, attachment or other debt collection remedy. Benefits received by an individual under this act and not combined with other funds of the recipient are exempt from debt collection remedies except those incurred for necessities furnished to the individual, his spouse or dependents during his unemployment. A waiver of exemptions provided by this subsection is void.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 3 - Benefits › Section 27-3-320 - Benefit Withholding for Federal Income Taxes; Department Notification; Procedure; Withholding Status Election.

27-3-320. Benefit withholding for federal income taxes; department notification; procedure; withholding status election.
(a) The department shall at the time of filing, advise an individual filing an initial claim for benefits payable under this act that:
(i) Benefits are subject to federal income tax;
(ii) Estimated federal income tax payments are required by the federal internal revenue service;
(iii) Effective January 1, 1997 and each year thereafter, federal income tax may be deducted and withheld from benefits at the amount specified by federal law upon election by the individual; and
(iv) Previously elected federal income tax withholding status under this section may be changed once during any one (1) benefit year.
(b) Effective January 1, 1997 and each year thereafter and upon request by an individual filing an initial claim for benefits payable under this act, the department shall, subject to subsection (d) of this section, deduct and withhold federal income tax from benefits payable to the individual in the amount specified by federal law and in accordance with procedures specified by the United States department of labor and the internal revenue service. Amounts deducted and withheld pursuant to this section shall remain in the fund until transferred to the internal revenue service as payment of federal income tax.
(c) The department shall by rule and regulation establish procedures for administering this section and shall permit an individual to change his withholding status once during each benefit year.
(d) Amounts shall not be deducted and withheld under this section until amounts are deducted and withheld for any overpayment, child support obligation or any other amount required or allowed to be deducted and withheld under this act.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 3 - Benefits › Section 27-3-321 - Disclosure of Supplemental Nutrition Assistance Program Overissuance Required; Notification; Amount Withheld; Payment; Applicability of Provisions.

27-3-321. Disclosure of supplemental nutrition assistance program overissuance required; notification; amount withheld; payment; applicability of provisions.
(a) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether or not he owes an uncollected overissuance of supplemental nutrition assistance program benefits as defined in section 13(c)(1) of the Food and Nutrition Act of 2008. The department shall notify the department of family services of any individual who discloses that he owes an uncollected overissuance and who is determined to be eligible for unemployment compensation.
(b) The department shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected overissuance of supplemental nutrition assistance benefits:
(i) The amount specified by the individual to the department to be deducted and withheld under this section;
(ii) The amount determined pursuant to an agreement under section 13(c)(3)(A) of the Food and Nutrition Act of 2008 and submitted to the department of family services; or
(iii) Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to section 13(c)(3)(B) of the Food and Nutrition Act of 2008, whichever is greater.
(c) Any amount deducted and withheld under this section shall be paid by the department to the department of family services.
(d) Any amount deducted and withheld under subsection (b) of this section shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the department of family services as repayment of the individual's uncollected overissuance.
(e) For purposes of this section, the term "unemployment compensation" means any benefits payable under this act and any amounts payable by the department pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.
(f) This section applies only if arrangements have been made for reimbursement by the department of family services for the administrative costs incurred by the department under this section which are attributable to the repayment of uncollected overissuances to the department of family services.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 4 - Benefit Claims › Section 27-3-401 - Filing Notice and Electronic Communications.

27-3-401. Filing notice and electronic communications.
(a) Benefit claims shall be filed in accordance with regulations of the commission.
(b) Employers shall post information on benefit rights in locations accessible to employed individuals. Copies of regulations and information on benefit rights shall be supplied by the department at no cost.
(c) A claimant or employer may elect to have determinations, decisions or notices transmitted electronically through an internet application approved by the department, in lieu of transmission through the regular mail. Once the election is made by the claimant or employer, any determination, decision or notice required to be mailed to that claimant or employer by this article may be transmitted instead through an internet application approved by the department. Upon the completion of every electronic transmission authorized by this subsection, the department shall provide to the claimant or employer an electronic acknowledgement specifying the date and time when the transmission was sent or received. Except as otherwise required by rules applicable to appeals to the courts of this state, determinations, decisions or notices transmitted by an approved electronic means may be appealed or protested by use of the same means. For the purpose of all relevant time limits established by this article, electronically transmitted information shall be deemed delivered on the date indicated on the acknowledgment required by this subsection, or if no acknowledgement exists, on the date the electronic delivery is initiated by the party sending the information.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 4 - Benefit Claims › Section 27-3-402 - Determination; Generally; Referral to Special Examiner; Redetermination; Notice; Appeal.

27-3-402. Determination; generally; referral to special examiner; redetermination; notice; appeal.
(a) Determination of a claim filed pursuant to W.S. 27-3-401(a) shall be made promptly by a deputy designated by the department. If a claim is denied, the determination shall state the reasons for denial. Except as provided by subsection (c) of this section, a determination is final unless a party entitled to notice applies for redetermination or appeals the determination within twenty-eight (28) days after notice is mailed to his last known address of record.
(b) Repealed By Laws 1999, ch. 73, 3.
(c) A monetary determination at the beginning of a benefit year shall specify if the claimant earned wages in amounts required by W.S. 27-3-306(d) and, if so, the first day of the benefit year, his weekly benefit amount and the maximum total amount of benefits payable for the benefit year. The deputy may reconsider a monetary determination if he finds an error in computation or identity, or discovers wages of the claimant relevant to but not considered in the determination. A monetary determination is final unless a party entitled to notice files a timely protest provided, however, that the department in its discretion may make a monetary redetermination at any time prior to the end of the benefit year whether or not a party has filed a timely protest.
(d) Notice of a determination shall be mailed promptly to the claimant at his last known address of record. Notice of a determination involving application of W.S. 27-3-308, 27-3-311(a)(i) and (f) and 27-3-313(a)(i), together with reasons, shall be given to the last employing unit of the claimant at the last known address of record of the employing unit or, if the address is unavailable, the best available address. Notices shall be mailed to all base period employers at the address of record.
(e) The claimant or any other party entitled to notice of a determination may appeal the determination to an appeal tribunal. The appeal shall be filed with the tribunal within twenty-eight (28) days after notice is mailed to the last known address of record of the interested party.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 4 - Benefit Claims › Section 27-3-403 - Determination; Disputed Claims; Hearing; Decision; Notice.

27-3-403. Determination; disputed claims; hearing; decision; notice.
(a) The commission shall appoint an impartial appeal tribunal to hear and decide disputed claims. The tribunal shall be a salaried examiner or a body consisting of three (3) members, one (1) a salaried examiner serving as chairman, one (1) a representative of employers and one (1) a representative of employees. The representatives of employers and employees shall serve at the pleasure of the commission and shall receive not more than ten dollars ($10.00) per day of service plus necessary expenses. No person shall serve or participate on behalf of the commission if he is an interested party to the proceeding. The commission may designate an alternate to serve in the absence or disqualification of a member of an appeal tribunal. The chairman shall act alone in the absence or disqualification of any member. A hearing shall not proceed unless the chairman is present.
(b) After providing interested parties notice of and reasonable opportunity for hearing, the appeal tribunal shall make findings and conclusions and shall render a decision to affirm, modify or reverse a determination. If an appeal involves a question of services performed by a claimant in employment or for an employer, the tribunal shall give special notice of the issue and the pendency of the appeal to the employing unit and to the commission. After notice, both are parties to the proceeding and shall be given opportunity to offer evidence bearing on the question.
(c) Notice of the tribunal's decision shall be given promptly to the interested party by delivery or by mail to his last known address of record. The notice shall include a copy of the decision and the findings and conclusions in support of the decision. The decision is final unless further review is initiated pursuant to W.S. 27-3-404.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 4 - Benefit Claims › Section 27-3-404 - Determination; Review by Commission; Disposition; Notice; Reconsideration.

27-3-404. Determination; review by commission; disposition; notice; reconsideration.
(a) The commission may within twenty-eight (28) days after notice is mailed or delivered:
(i) Review a decision of an appeal tribunal;
(ii) Review a determination of a special examiner; or
(iii) Grant an appeal from a decision upon application filed by any party entitled to notice. An appeal shall be granted if a decision is not unanimous or if a determination is not affirmed by the appeal tribunal.
(b) Upon review or appeal and based on evidence previously submitted or upon additional evidence it may direct be taken, the commission may affirm, modify or reverse the findings and conclusions of the appeal tribunal. Proceedings before an appeal tribunal may be removed to the commission or transferred to another tribunal. A proceeding removed to the commission prior to completion of the hearing shall be heard by the commission in accordance with requirements for tribunal proceedings.
(c) The commission shall promptly notify parties to a proceeding of its decision including findings and conclusions. The decision is final unless judicial review is initiated pursuant to this article. A denial of an appeal by the commission is subject to judicial review. Review shall be initiated within the prescribed time beginning from the date notice of the denial is mailed or delivered.
(d) Subject to limitations prescribed under W.S. 27-3-402(c), the commission may reconsider a determination provided by a final decision of an appeal tribunal and may apply to the tribunal for a revised decision.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 4 - Benefit Claims › Section 27-3-405 - Conduct of Hearing or Appeal; Consolidation of Claims; Record; Witness Expenses.

27-3-405. Conduct of hearing or appeal; consolidation of claims; record; witness expenses.
(a) A hearing or appeal before a tribunal under this article shall be conducted in accordance with the Wyoming Administrative Procedure Act.
(b) Hearings on claims by more than one (1) individual or on claims by an individual for two (2) or more weeks of unemployment may be consolidated for purposes of adjudication if there is substantially similar evidence and the examiner or tribunal with jurisdiction determines the consolidation is not prejudicial to any party.
(c) A record shall be kept of all testimony and proceedings before a special examiner or an appeal tribunal. Records shall be maintained under this subsection until final disposition of the matter.
(d) Witnesses subpoenaed pursuant to this act shall be reimbursed at a rate determined by the commission. The commission may refuse reimbursement to any employer who after notice fails to voluntarily appear for any determination of liability. Expenses of witnesses subpoenaed on behalf of the commission or any claimant are part of the expense of administering this act.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 4 - Benefit Claims › Section 27-3-406 - Determinations Deemed Conclusive; Matters of Law Binding; Limiting Actions.

27-3-406. Determinations deemed conclusive; matters of law binding; limiting actions.
(a) Except for reconsideration pursuant to W.S. 27-3-402(c) and 27-3-404(d), a right, fact or matter in issue adjudicated in a final determination, redetermination or decision on appeal under this article is conclusive for purposes of this act. Subject to appeal proceedings and judicial review and regardless of notice, a determination, redetermination or decision on benefit rights is not subject to collateral attack by an employing unit.
(b) Unless expressly or impliedly overruled by the commission or a court of competent jurisdiction, principles of law adjudicated under a final decision of the commission or an appeal tribunal are binding on the commission, a special examiner and an appeal tribunal in proceedings involving similar questions of law.
(c) Any determination, redetermination, finding of fact, conclusion of law, order, decision or final judgment entered or made by a deputy, appeal tribunal, special examiner, the department, the commission or a court of competent jurisdiction pursuant to this act or the rules and regulations of the commission is binding only between the department and all adverse parties thereto, and is not binding, conclusive or admissible in any separate or subsequent action or proceeding between an individual and employing unit previously subject to this act, regardless of whether the prior action before the department or commission was between the same or related parties or involved the same facts.
(d) Any determination, finding of fact, conclusion of law, order, decision or final judgment, not made or entered by the department or commission, is not binding upon the department when administering this act except when the department or commission was a party to an action or proceeding brought in a court of competent jurisdiction of this state or of the United States.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 4 - Benefit Claims › Section 27-3-407 - Right to Judicial Review; Appeal to Supreme Court; Entry of Order by Commission.

27-3-407. Right to judicial review; appeal to supreme court; entry of order by commission.
(a) Any person aggrieved or adversely affected by a final decision under this act may obtain judicial review by filing a petition for review with the district court of jurisdiction. Review by the court shall be as provided by the Wyoming Administrative Procedure Act and shall be given precedence over all other civil cases except those under the Wyoming Worker's Compensation Act.
(b) A decision of the district court may be appealed to the supreme court. The appeal shall be taken in the same manner as other civil cases.
(c) Exceptions to the ruling of the commission and posting of bond are not required to initiate a proceeding for judicial review or to enter an appeal from the decision of the court. The commission shall enter an order in accordance with the court decision.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 4 - Benefit Claims › Section 27-3-408 - Right of Department and Commission to Notice and Representation; Fees; Access to Records.

27-3-408. Right of department and commission to notice and representation; fees; access to records.
(a) The department and commission shall be treated as one (1) party entitled to notice in any proceeding before a special examiner, an appeal tribunal or a court of appeal. In any proceeding for judicial review under W.S. 27-3-407, the department and commission may be represented by a qualified attorney employed pursuant to W.S. 27-3-609.
(b) A claimant shall not be assessed fees for proceedings under this act by the department, commission or the court. The claimant may be represented by counsel or other authorized agent at the claimant's expense.
(c) Records of the department are open to inspection by the claimant, the employer or their legal representatives to the extent necessary to present or contest a claim or appeal in any proceeding under this act.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 5 - Employer Contributions › Section 27-3-508 - Rates for Joint Ventures.

27-3-508. Rates for joint ventures.
A joint venture composed of two (2) or more employers with accounts meeting the requirements of W.S. 27-3-503(b) and (c) shall apply in writing to the department within four (4) months after the date of formation of the joint venture for determination of a contribution rate. The department shall, upon receipt of application and pursuant to this article, assign a contribution rate based upon the benefit ratio computed on the consolidation of the separate accounts and benefit experiences of the employers for the experience period. The contribution rate shall be determined and assigned by the department to the joint venture each calendar year until its separate account and benefit experience qualify as an experience period.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 5 - Employer Contributions › Section 27-3-512 - Priority Over Other Claims Under Receivership.

27-3-512. Priority over other claims under receivership.
If an employer's assets are distributed by court order under receivership, assignment, adjudicated insolvency or other proceeding, contributions under this act shall have priority over all claims except taxes and claims for wages of not more than two hundred fifty dollars ($250.00) per claimant and earned within six (6) months before the proceeding. Priority of contributions in cases adjudicated under 11 U.S.C. 101 et seq. shall be as provided by 11 U.S.C. 507(a).
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 5 - Employer Contributions › Section 27-3-514 - Action for Recovery of Payments Under Protest; Procedure.

27-3-514. Action for recovery of payments under protest; procedure.
An employer paying contributions under protest may within six (6) months after payment initiate action for recovery against the department in a court of competent jurisdiction. The protest shall be verified and filed at the time payment is made and shall state the grounds for objection. Failure to initiate action within six (6) months is a waiver of recovery under this subsection. Review by the court is limited to the objections stated in the protest. If judgment is for the employer, the amount shall be credited to his account for contributions and interest due under this act. Any remaining balance shall be refunded to the employer from the clearing account.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 5 - Employer Contributions › Section 27-3-515 - Adjustment or Refund for Erroneous Collection; Reduction of Contributions and Interest in Certain Cases; Recovery by Department.

27-3-515. Adjustment or refund for erroneous collection; reduction of contributions and interest in certain cases; recovery by department.
(a) An employer may apply to the commission or the commission may on its own motion provide for an adjustment of contributions or interest or for a refund if the adjustment cannot be made. This subsection applies only to payments made within three (3) years before the date of application or determination. Upon determination of an erroneous collection, the department shall grant an adjustment without interest for future contribution payments or if the adjustment cannot be made, refund the amount without interest from the fund.
(b) The department may upon its own motion or written application reduce or waive the amount of interest due under W.S. 27-3-510(a) if the collection of the full amount of interest is against equity and good conscience. If an employer is no longer subject to this act pursuant to W.S. 27-3-502, the department may reduce or cancel the amount of contributions or interest due upon a determination based on findings entered into the record that the employer is:
(i) Adjudicated insolvent by a court of competent jurisdiction with no remaining assets;
(ii) Deceased with no estate or the estate is closed and all assets are distributed;
(iii) A dissolved corporation with no remaining assets;
(iv) Not found within three (3) years after the date of termination of coverage under this act and has no property located in the state; or
(v) Not capable of paying the total amount due within three (3) years after the date of termination of coverage under this act, has no property in the state and failure to accept a partial amount of the total as settlement may result in a substantial loss to the fund.
(c) Subsection (b) of this section does not prevent the department from collecting the balance of interest and contributions not paid if its action was based upon a misrepresentation or omission of facts or if amounts due under this act are collectible at a future date.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 5 - Employer Contributions › Section 27-3-516 - Incremental Bond for Impact Industries.

27-3-516. Incremental bond for impact industries.
(a) Any project in Wyoming with an estimated construction cost equal to or greater than the threshold construction cost defined by the industrial siting council pursuant to W.S. 35-12-102(a)(vii), a majority of which is planned to be completed or discontinued within a period of seven (7) years, and which will require the employment of at least two hundred fifty (250) people is subject to this section. After the project is initiated, each employing unit working on a project which meets the criteria specified under this section shall report annually to the department any change in contract bids within the state as may have been determined under subsection (b) of this section.
(b) If the department determines that the project is within the criteria stated by this section, it may assess and collect from the general or prime contractor or, in those situations where there is no general or prime contractor, the owner for whom the project is being constructed, on behalf of each employing unit, an additional amount of one-half percent (.5%) times the successful bid amount on the project awarded to each employing unit but not to exceed one-half percent (.5%) times the total amount allowed under all bids accepted under the project. The amount is in addition to any other contribution required by this act and shall be treated as incremental bond payments to insure payment for all benefits ultimately claimed. The payments are not contributions until the ultimate determination of liability is made under subsection (d) of this section. The department shall amend the amount assessed under this section in accordance with any increases in contract bids reported by an employing unit under subsection (a) of this section. An employing unit may be enjoined by the department from engaging or continuing in business until all payments required under this subsection are made.
(c) Repealed by Laws 1986, ch. 52, 2.
(d) The amount collected under this section shall be credited to a separate account. Within one (1) year after completion or discontinuance of the project or after an employing unit completes its phase of the work, the department shall determine the total benefits paid to employees of the employing unit or units and if total contributions made by the units under W.S. 27-3-503 exceed total benefits paid to the employees of the units, the difference plus accrued interest shall be refunded to the appropriate general or prime contractor or the owner who paid the additional contribution under subsection (b) of this section but not exceeding the amount paid under this section plus accrued interest. The amount not refunded shall be credited to the unemployment compensation fund.
(e) Repealed By Laws 2007, Ch. 177, 2.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 5 - Employer Contributions › Section 27-3-517 - Electronic Delivery of Information.

27-3-517. Electronic delivery of information.
Whenever this article requires any determination, decision or notice to be transmitted through the mail, the determination, decision or notice may be transmitted by an internet application approved by the department but only upon an election by the claimant or employer to receive the information by electronic transmission. Upon the completion of every electronic transmission authorized by this section, the department shall provide to the claimant or employer an electronic acknowledgement specifying the date and time when the transmission was sent or received. Except as otherwise required by rules applicable to appeals to the courts of this state, determinations, decisions or notices transmitted by an approved electronic means may be appealed or protested by use of the same means. For the purpose of all relevant time limits established by this article, electronically transmitted information shall be deemed delivered on the date indicated on the acknowledgment required by this section, or if no acknowledgement exists, on the date the electronic delivery is initiated by the party sending the information.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 6 - Administration › Section 27-3-601 - Unemployment Insurance Commission Created; Composition; Terms; Vacancies; Salary; Chairman; Quorum; Removal; Office; Seal.

27-3-601. Unemployment insurance commission created; composition; terms; vacancies; salary; chairman; quorum; removal; office; seal.
(a) The unemployment insurance commission of Wyoming is created within the department of workforce services and shall consist of three (3) members serving a term of six (6) years each. Appointments, vacancies and expiration of terms shall be in accordance with W.S. 28-12-101 through 28-12-103. A member shall not hold any state office or serve as an officer or on a committee of any political organization during the term of membership. No more than seventy-five percent (75%) of the members shall be of the same political party.
(b) Every two (2) years one (1) member shall be elected by the membership to serve as chairman. Two (2) members is a quorum. A vacancy does not prevent the remaining members from exercising powers of the commission. One (1) member shall not exercise powers if two (2) vacancies occur at the same time.
(c) Commission members shall receive a salary equal to the per diem paid to members of the Wyoming legislature under W.S. 28-5-101 for each day of actual service and when engaged in necessary travel plus necessary expenses.
(d) The governor may remove a commissioner as provided in W.S. 9-1-202.
(e) The office of the commission shall be located in Casper, Wyoming and the commission shall have an official seal which shall be judicially noticed.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 6 - Administration › Section 27-3-602 - Powers and Duties of Unemployment Insurance Commission; Personnel.

27-3-602. Powers and duties of unemployment insurance commission; personnel.
(a) The commission shall:
(i) Adopt rules necessary for the administration of this act by the department of workforce services and the department, in accordance with law, may make expenditures, require reports, make investigations and take other action it considers necessary;
(ii) Determine its methods of procedure in accordance with this act;
(iii) Repealed by Laws 1990, ch. 63, 3.
(iv) Through the department, and if possible, provide a reserve against fund liability for future benefit payments in excess of contributions in accordance with accepted actuarial principles based on employment, business activity and other relevant factors;
(v) Through the department, recommend to the governor and the legislature a change in contribution or benefit rates when necessary to protect fund solvency;
(vi) Define and prescribe by regulation necessary procedures for total unemployment and part total unemployment;
(vii) Through the department, publish provisions of this act, rules and regulations, reports and other relevant material and furnish copies in accordance with W.S. 16-4-204 to any person upon application.
(b) The commission may adopt, amend or rescind rules and regulations after notice and public hearing in accordance with the Wyoming Administrative Procedure Act.
(c) In administering this act, the commission or any authorized representative of the department may administer oaths and affirmations, take depositions, certify official acts, subpoena witnesses and require the production of books, papers or other records material to the administration of this act.
(d) If a subpoena issued to any person pursuant to subsection (c) of this section is disobeyed, the district court of the district in which the inquiry is conducted or the person is found, resides or conducts business shall, upon application by the commission or department, issue to the person refusing to obey the subpoena an order requiring the person to appear before the commission or department to produce evidence if ordered or to give evidence touching the matter in question. Any person failing to obey the court order may be punished by the court for contempt and upon conviction, shall be fined not less than two hundred dollars ($200.00), imprisoned not more than sixty (60) days, or both. Each day of violation is a separate offense.
(e) The privilege of self-incrimination is not a defense for violating subsection (c) of this section nor shall a person be incriminated for providing testimony or evidence under subsection (c) of this section except for perjury committed during testimony.
(f) The department of workforce services shall provide personnel necessary to administer this act in accordance with rules of the commission and determinations of the commission authorized by law. The commission shall not exercise supervisory authority over those personnel.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 6 - Administration › Section 27-3-603 - Confidentiality of Information.

27-3-603. Confidentiality of information.
Except as otherwise provided, information maintained pursuant to this act shall not be disclosed in a manner which reveals the identity of the employing unit or individual. The confidentiality limitations of this section do not apply to transfers of information between the divisions of the department of workforce services so long as the transfer of information is not restricted by federal law, rule or contract. Any employee who discloses information outside of the department in violation of federal or state law may be terminated without progressive discipline.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 6 - Administration › Section 27-3-605 - Responsibilities of Department of Workforce Services.

27-3-605. Responsibilities of department of workforce services.
(a) The department of workforce services shall administer the unemployment compensation program in this state.
(b) Repealed By Laws 2002, Ch. 100, 4.
(c) Repealed By Laws 2002, Ch. 100, 4.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 6 - Administration › Section 27-3-606 - Department Duties Regarding Unemployment and Reemployment.

27-3-606. Department duties regarding unemployment and reemployment.
(a) Repealed by Laws 1996, ch. 4, 3.
(b) Repealed by Laws 1996, ch. 4, 3.
(c) The department shall take appropriate steps to:
(i) Repealed By Laws 2005, ch. 186, 3.
(ii) Repealed By Laws 2005, ch. 186, 3.
(iii) Repealed By Laws 2005, ch. 186, 3.
(iv) Repealed By Laws 2005, ch. 186, 3.
(v) Conduct and publish results of investigations and research studies.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 6 - Administration › Section 27-3-608 - Agreements by Department With Other States, Federal Government and Foreign Governments Authorized.

27-3-608. Agreements by department with other states, federal government and foreign governments authorized.
(a) Notwithstanding W.S. 27-3-104 through 27-3-108, the department may enter into arrangements with other states for services performed by an individual ordinarily performing services in more than one (1) state for a single employing unit. Subject to election by the employing unit and approval of the affected states, the arrangement may specify that service is performed entirely within the state in which:
(i) Any part of the individual's services are performed;
(ii) The employing unit maintains its principal place of business; or
(iii) The individual has his residence.
(b) The department is also authorized to enter into agreements with other states or the federal government for wages or services entitled to benefits under the law of another state or the federal government to be wages for insured work under this act or under the law of another state or the federal government. The department shall participate in arrangements approved by the United States secretary of labor for the payment of compensation by combining an individual's wages and employment covered under this act with those covered under the laws of other states which assure the prompt and full payment of compensation, apply the base period of a single state law to a claim involving the combination of wages and employment covered under two (2) or more state laws and avoid duplication of wages and employment. No arrangement under this subsection shall be entered into unless the participating state or federal agency agrees to reimburse the fund for the amount of benefits paid under this act for wages or services the department finds fair and reasonable. The department shall reimburse to other state or federal agencies a reasonable portion of benefits paid under their law.
(c) The department may make and receive reimbursements from or to the fund in accordance with arrangements pursuant to this section. For purposes of this act, reimbursements payable are benefits.
(d) To the extent authorized by federal law and constitution and agreements entered into between the federal government and foreign governments, the department may enter into or cooperate in agreements for facilities and services provided by a foreign government for use in receiving claims and paying benefits under this act or similar law of the foreign government.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 6 - Administration › Section 27-3-609 - Legal Representation in Civil and Criminal Actions.

27-3-609. Legal representation in civil and criminal actions.
(a) In any civil action to enforce this act, the department may be represented by a qualified attorney employed by the department or by the attorney general at the request of the department.
(b) All criminal actions for violation of this act or any rules or regulations issued pursuant to this act shall be prosecuted by the attorney general or at his request and under his direction, by the district attorney for the county in which the prosecution is brought.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 6 - Administration › Section 27-3-610 - Establishment of Fee Schedule and Payment for Certain Services.

27-3-610. Establishment of fee schedule and payment for certain services.
The department may charge a fee and require payment to recover the cost of services for photocopying, preparation of forms or other material in responding to inquiries to provide information not confidential by law, furnishing publications prepared by the department and any other services rendered by the department which are not directly related to the administration of this act. Such fees shall be deposited into the employment security administration account.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 6 - Administration › Section 27-3-611 - Maintenance of Records by Department; Procedures.

27-3-611. Maintenance of records by department; procedures.
The department may maintain any or all of its records on a computer imaging system that maintains true and accurate copies or images of original documents. The department may destroy original documents after putting the documents in the computer imaging system. True and accurate copies generated by the computer imaging system shall be admissible in court or administrative hearings under the same conditions as the original document would be admissible.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 7 - Penalties › Section 27-3-701 - Financing of Contributions or Waiver of Rights by Employees.

27-3-701. Financing of contributions or waiver of rights by employees.
No employer shall directly or indirectly make, require or accept any deduction from wages or payments by employees to finance contributions required by this act or require or accept any waiver of an employee's right under this act. Any employer or his officer or agent violating this section shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), imprisoned for not more than six (6) months, or both. Each violation is a separate offense.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 7 - Penalties › Section 27-3-702 - Obtaining Benefits by Fraud; Disqualification of Benefits; Penalties.

27-3-702. Obtaining benefits by fraud; disqualification of benefits; penalties.
(a) No person shall, for himself or any other person, knowingly make a false statement or misrepresentation or knowingly fail to disclose a material fact to obtain or increase benefits or other payments under this act or other state or federal law. Any person violating this section is guilty of:
(i) A misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than ninety (90) days, or both, if the amount of benefits obtained in violation of this section is less than one thousand dollars ($1,000.00); or
(ii) A felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both, if the amount of benefits obtained under fraud is one thousand dollars ($1,000.00) or greater.
(b) Upon conviction the court shall require the defendant to make restitution to the department in the amount of benefits or other payments improperly paid due to the defendant's fraud. Each false statement, misrepresentation or failure to disclose a material fact is a separate offense. This section shall not preclude prosecution under any other applicable law.
(c) In addition to the penalties provided by this section, a person convicted under this section or any other applicable law shall be disqualified from receiving benefits in any week beginning within a two (2) year period immediately following conviction.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 7 - Penalties › Section 27-3-703 - Fraud by Employing Unit; Refusal to Furnish Reports; Failure to Make Required Payments; Failure to Comply With Injunction Order; Penalties.

27-3-703. Fraud by employing unit; refusal to furnish reports; failure to make required payments; failure to comply with injunction order; penalties.
(a) No officer, agent or any other individual of an employing unit shall knowingly make a false statement or misrepresentation or knowingly fail to disclose a material fact with the intention of preventing or reducing the payment of benefits to any entitled individual, to avoid being subject to this act or to avoid or reduce any contribution or other payment required from an employing unit under this act, or willfully fail or refuse to make any contribution or other payment. Any such individual violating this subsection is guilty of a misdemeanor punishable by imprisonment for not more than ninety (90) days, a fine of not more than seven hundred fifty dollars ($750.00), or both. Each false statement, misrepresentation or failure to disclose a material fact is a separate offense.
(b) Any employing unit or if the employing unit is a corporation, any officer or director liable under W.S. 27-3-510(e), fraudulently failing to pay contributions required under this act for a period of two (2) or more consecutive calendar quarters or the total of which exceeds five hundred dollars ($500.00), is guilty of a felony punishable by a fine of not more than five thousand dollars ($5,000.00), imprisonment for not more than five (5) years, or both.
(c) Any officer, agent or other individual of an employing unit who willfully refuses or fails to furnish any report or to produce or permit the inspection of records required by this act is guilty of a misdemeanor. Each day of any failure or refusal is a separate offense.
(d) Any employing unit failing to comply with a court order issued pursuant to W.S. 27-3-502(h), or any partner or corporate officer of the employing unit aiding or assisting the employing unit in not complying with the court order, is guilty of a misdemeanor.
(e) This section shall not preclude prosecution under any other applicable state law.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 7 - Penalties › Section 27-3-704 - General Penalty.

27-3-704. General penalty.
Any person willfully violating this act or any order, rule or regulation under this act for which no specific penalty is provided is guilty of a misdemeanor and shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned not more than sixty (60) days, or both. Each day of violation is a separate offense.