reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.151 - Filing of appeals

Current through May 31, 2024
(a) An interested party may file an oral or
				written appeal from a determination or redetermination issued under AS 23.20
				and this chapter. The appeal may be filed in person, by mail, or by telephone.
				An oral or written protest indicating a desire to appeal is an appeal to a
				referee or the commissioner.
(b) An
				appeal from a determination or redetermination on a claim for benefits may be
				filed with a referee or at any office of the division. An appeal must be filed
				no later than 30 days after the determination or redetermination is personally
				delivered to the appellant or no later than 30 days after the date the
				determination or redetermination is mailed to the appellant's last address of
				record. The 30-day time period will be computed under Rule 6 of the Rules of
				Civil Procedure. However, the 30-day period may be extended for a reasonable
				time if the appellant shows that the failure to file within this period was the
				result of circumstances beyond the appellant's control.
(c) The division shall notify all parties and
				their representatives that an appeal has been filed with the division. A
				written explanation of appeal procedures, rights, and responsibilities is
				available electronically to the public on the department's website, and shall
				be included with each notice of hearing sent to a party.
The Department of Labor and Workforce Development's website
					 address for the purposes of viewing appeal procedures, rights, and
					 responsibilities under
					 8 AAC 85.151 is
					 http://www.labor.state.ak.us/appeals/home.htm.
Authority:
AS
					 23.20.045
AS 23.20.315
AS 23.20.340
AS 23.20.415
AS
					 23.20.420
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.152 - Hearing location and time

Current through May 31, 2024
(a) Hearings will
				be conducted in person in Juneau or Anchorage if both parties reside or do
				business in one of those communities. All other hearings will be conducted
				telephonically. However, on the motion of a party or on the appeal referee's
				own motion, an appeal referee may schedule any of the parties and witnesses in
				a case to appear either in person or by telephone as the appeal referee
				considers necessary to ensure a reasonable opportunity for fair
				hearing.
(b) The appeal referee
				shall mail a notice of the time, place, and type of hearing to all interested
				parties at least 10 days before the hearing. A party may waive the right to the
				notice.
Authority:
AS
					 23.20.045
AS
					 23.20.420
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.154 - Appeal decisions

Current through May 31, 2024
(a) After the hearing, the appeal referee
				shall issue a written decision that states the findings of fact and the reasons
				for the decision. The decision of the appeal referee shall
(1) affirm, reverse, or modify the
				determination of the division; or
(2) remand the case to the division for
				further investigation and a redetermination.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.155 - Appeals to the commissioner

Current through May 31, 2024
(a) An interested
				party may file a written appeal to the commissioner within 30 days after the
				mailing or personal delivery of the decision of an appeal referee except for a
				decision issued under
				8 AAC 85.154(a) (2). The application
				must contain the reasons for the appeal and must be filed in accordance with
				8 AAC 85.151.
(b) After receipt, the commissioner will
				decide whether to accept the appeal using the standards set out
				AS
				23.20.435(a). In exercising
				discretion, the commissioner will accept an appeal from a decision of the
				referee that does not reverse or modify the determination of the department if
				the decision of the referee is clearly erroneous or presents an issue, that
				requires the commissioner's decision. Notice of the commissioner's decision
				will be mailed or otherwise delivered to all interested parties, and, if the
				appeal is not accepted under
				AS
				23.20.435(a), the notice
				will contain a statement of the party's right to initiate judicial
				review.
(c) Upon accepting an
				appeal, the commissioner will
(1) affirm,
				modify, or reverse the decision of the appeal referee on the basis of the
				evidence previously submitted, or on the basis of additional evidence taken in
				accordance with
				8 AAC 85.153; or
(2) remand the case to the appeal referee or
				the division to take additional facts and issue a new decision or
				determination.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.156 - Appeals involving a labor dispute

Current through May 31, 2024
(a) If the payment
				or denial of benefits depends on whether a claimant's unemployment is due to a
				stoppage of work because of a labor dispute, the monetary or nonmonetary
				determination shall be made by the director.
(b) An appeal under this section must be
				filed with the commissioner in accordance with
				8 AAC 85.151.
(c) After the commissioner is notified that
				an appeal has been filed, he or she will appoint a referee to conduct a hearing
				on the appeal as provided in
				8 AAC 85.153. After the hearing, the referee shall
				prepare a proposed written decision stating findings of fact and the reasons
				for the proposed decision. The proposed decision, along with the hearing
				record, must be sent to the commissioner with all pertinent agency
				records.
(d) The commissioner will
				consider all evidence contained in the record and the referee's proposed
				decision, and will decide the appeal. The commissioner will, in his or her
				discretion, direct the referee to take additional evidence, or hear the
				evidence himself as provided in
				8 AAC 85.153.
(e) A decision of the commissioner under this
				section will be issued in accordance with
				8 AAC 85.155(e).
Authority:
AS
					 23.20.045
AS 23.20.415
AS
					 23.20.420
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.157 - Contribution appeals

Current through May 31, 2024
(a) The time allowed for the filing of an
				appeal under
				AS
				23.20.220,
				23.20.225,
				23.20.242,
				23.20.276,
				23.20.277,
				23.20.305, and
				23.20.315 will be computed under
				Rule 6 of the Rules of Civil Procedure.
(b) An appeal referee appointed by the
				department shall promptly conduct the appeal hearing under
				8 AAC 85.153 at a location selected under
				AS
				44.62.410. The referee shall mail notice of
				the location, time, and date of the hearing to interested parties and their
				representatives at least 15 days before the hearing. A party may waive the
				right to the notice.
(c) The appeal
				referee shall conduct a preliminary conference before the hearing if the
				referee finds it necessary or if it is requested by an interested party. At the
				preliminary conference, the time and date of the hearing shall be scheduled,
				the issues of the dispute shall be clarified, and the inspection of pertinent
				state files shall be permitted. Procedural matters and requests for subpoenas
				and stipulations shall also be heard.
(d) For purposes of this section, the appeal
				referee shall issue a decision under
				8 AAC 85.154 if the issue is subject to the appeal
				provisions of
				AS
				23.20.276 or
				23.20.315.
(e) If the appeal concerns a contribution
				issue other than one subject to the appeal provisions of
				AS
				23.20.276,
				23.20.305, or
				23.20.315, the appeal referee
				shall prepare a proposed written decision. The proposed decision must contain
				findings of fact and the reason for the proposed decision. The referee shall
				send the proposed decision and the hearing record to the commissioner. The
				commissioner may hear additional evidence or direct the referee to take
				additional evidence. The commissioner will consider the evidence and decide the
				appeal. Copies of the decision and a notice of the right to judicial review
				will be mailed to all interested parties.
Authority:
AS
					 23.20.045
AS 23.20.220
AS 23.20.225
AS 23.20.242
AS 23.20.276
AS 23.20.277
AS 23.20.305
AS 23.20.315
AS 23.20.415
AS
					 23.20.420
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.200 - Payment of benefits to claimants attending an approved training course

Current through May 31, 2024
(a) A
				claimant who is attending training or intends to enter training must provide
				the following information when applying for benefits under AS 23.20 and this
				chapter:
(1) a written description of the
				training course;
(2) the beginning
				date and total period of training;
(3) the name and address of the training
				provider; and
(4) the reason for
				taking the training.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.220 - Recovery of overpayments

Current through May 31, 2024
(a) A determination
				of overpayment liability issued under
				AS
				23.20.390 will include a statement of the
				right to request a waiver of repayment of the overpayment. An individual may
				request a waiver within 30 days after the date on which the determination of
				liability becomes final. The director may extend this period if the request is
				delayed by circumstances beyond the individual's control.
(b) The director shall waive repayment of an
				overpayment of benefits to an individual under
				AS
				23.20.390 if
(1) the individual has died or received the
				benefits in good faith;
(2)
				repayment would be against equity and good conscience; and
(3) the request for a waiver meets the
				requirements of this section.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.225 - Claim against permanent fund dividend

Current through May 31, 2024
(a) The division
				will execute upon an individual's permanent fund dividend under
				AS
				43.23.072 if the individual
(1) has received an overpayment under
				AS
				23.20.390;
(2) has been sent by the division notice
				under AS
				23.20.390 that repayment is required and
				failed to repay the overpayment under
				8 AAC 85.220;
(3) remains in default for repayment of an
				amount owed to the department that may include overpayments, penalties, fines,
				attorney fees, costs, and other amounts as described in
				AS
				43.23.072(f);
(4) failed to comply with, or has exhausted,
				the administrative remedies provided in this section; and
(5) has been sent notice by the division of
				the permanent fund dividend claim as described in
				AS
				43.23.072 and this section.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.255 - Requalification requirements

Current through May 31, 2024
(a) Under
				AS
				23.20.381(g), an individual
				is required to perform services and earn wages equal to eight times his or her
				weekly benefit amount after the beginning of the benefit year in order to
				requalify for benefits in a successive benefit year. The benefit amount of the
				first benefit year will be used to determine if the requalification requirement
				has been met.
(b) The following
				kinds of remuneration may not be used to requalify under
				AS
				23.20.381(g):
(1) bonuses, dismissal pay, vacation pay,
				back pay awards, terminal or accrued leave, or any other remuneration that is
				not payment for services performed after the beginning of the first benefit
				year; or
(2) interest income,
				earnings from capital, or any other payment that is not wages under
				AS
				23.20.530.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.260 - Provision of bond or other security

Current through May 31, 2024
(a) A nonprofit
				organization, government entity, federally recognized tribe or group of
				nonprofit organizations, government entities, or federally recognized tribes,
				electing under
				AS
				23.20.277 to reimburse the fund for benefits
				paid to its employees shall file a surety bond with the department or shall
				deposit money or securities with the department. An election is not effective
				until a bond or deposit is filed with the department. The department will only
				accept the bond or deposit if the amount of the bond or deposit is the larger
				of $32,000 or 3.2 percent of total wages paid for employment in the four most
				recently reported calendar quarters immediately preceding the effective date of
				the election. If the employer did not pay wages in the four quarters preceding
				the effective date of the election, the director shall estimate the payroll for
				four quarters using the most recent and applicable information.
(b) The department will only accept a surety
				bond under (a) of this section under each of the following conditions:
(1) the bond must remain enforceable and in
				effect for three years after any reimbursing employer ceases to be an employer
				or terminates its reimbursable status;
(2) cancellation of the bond may not go into
				effect until 90 days after the department receives notification from the surety
				company of its intention to cancel the surety bond;
(3) a cancellation does not affect any
				liability of the surety or the employer incurred or accrued on benefits paid
				during the effective period under (1) of this subsection.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.270 - Allocation of benefit costs

Current through May 31, 2024
(a) Each employer
				that is liable for payments in place of contributions shall pay to the fund the
				amount of regular benefits, plus one-half the amount of extended benefits paid,
				that are attributable to service in the employ of that employer. However, if
				the employer is a government entity or federally recognized tribe that is
				liable for payments in place of contributions, the employer shall pay to the
				fund the amount of regular benefits, plus the full amount of extended benefits
				paid, that are attributable to service in the employ of that
				employer.
(b) If benefits paid to
				an individual are based on wages paid by more than one employer, and any of
				those employers are liable for payments in place of contributions, the amount
				payable to the fund by each employer that is liable for such a payment is an
				amount that bears the same ratio to the total benefits paid to the individual
				as the base period wages paid to the individual by that employer bear to the
				total base wages paid to the individual by all of the individual's base period
				employers.
Authority:
AS
					 23.20.045
AS
					 23.20.277
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.280 - Group accounts of nonprofit organizations, government entities, or federally recognized tribes

Current through May 31, 2024
(a) Two or more
				nonprofit employers, government entities, or federally recognized tribes that
				have become liable for payments in lieu of contributions, in accordance with
				the provisions of
				AS
				23.20.276 and
				23.20.277 may file a joint
				application to the department for the establishment of a group account for the
				purpose of sharing the cost of benefits paid that are attributable to service
				in the employ of the employers. Each application shall identify and authorize a
				representative to act as the group's agent for the purposes of this paragraph.
				Upon its approval of the application, the department shall establish a group
				account for the employers effective as of the beginning of the calendar quarter
				in which the department receives the application and shall notify the group's
				representative of the effective date of the account. The account remains in
				effect for not less than two taxable years and thereafter until terminated at
				the discretion of the commissioner or upon application by the group. Upon
				establishment of the account, each member of the group shall be jointly and
				severally liable for payments in lieu of contributions chargeable to the
				account in each calendar quarter.
(b) Withdrawal of active members of group
				accounts shall be supported by a joint application for withdrawal, signed by
				the agent for the group and an authorized official representing the employer.
				The withdrawing member shall be liable for his proportionate share of benefits
				subsequently paid.
Authority:
AS
					 23.20.045
AS 23.20.276
AS 23.20.277
AS 23.20.278
AS
					 23.20.520
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.290 - Computation of new or newly covered employer's average industry tax rate

Current through May 31, 2024
(a)
				The "average industry tax rate" as used in
				AS
				23.20.170(b) is intended to
				be the most likely rate the new or newly covered employer would be assigned if
				he had sufficient experience to receive a rate under
				AS
				23.20.280-23.20.310. The average industry
				tax rate to be assigned is that of the average rate for the corresponding rate
				year of employers performing nearly the same or correlated services.
(b) The average industry tax rate will be
				computed for each major division in the most current version of the North
				American Industry Classification, United States, as specified in
				AS
				23.20.170. A new or newly covered employer
				will be assigned to a major division in accordance with the standards and
				practices employed by the United States Department of Labor.
(c) Repealed 1/7/78.
(d) The computation of the major division
				average tax rates will be based on the experience of ratable covered employers
				used in determining the contribution rates for the corresponding rate year
				under AS
				23.20.280-23.20.310 and then computed based
				on the tax schedule in effect during the rate year as determined by the
				appropriate reserve multiple. The computation will be made before the beginning
				of each rate year and remains in effect for the duration of the rate
				year.
(e) The new or newly covered
				employer shall be assigned the rate of the appropriate tax schedule which is
				closest to his industry's average. If the average falls exactly between two
				such rates, the lower rate of the two shall be assigned.
(f) If an employer has been assigned an
				improper industrial classification code due to insufficient information, a
				subsequent change in that code may be made and the employer may become liable
				for additional contributions or entitled to a reimbursement for payment of
				excess contributions.
(g) A new or
				newly covered employer has the same right to appeal his assigned average
				industry tax rate as that granted to ratable or eligible covered employers in
				AS
				23.20.305.
Copies of the most current version of the National Industry
					 Classification System Manual, United States, or an electronic equivalent may be
					 obtained by contacting National Industrial Classification Association, 10088
					 South Prestwick Circle, South Jordan, Utah 94095. Internet: www.naics.com or
					 e-mail: info@naics.com.
Authority:
AS
					 23.20.045
AS 23.20.170
AS
					 23.20.310
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.291 - Notification of business change and acquisition

Current through May 31, 2024
An employing unit that has a change in ownership, management,
				  or control, or that succeeds to or acquires all or part of another employing
				  unit's trade or business, shall, within 15 days of that change or acquisition,
				  notify the director in writing, on forms provided by the director, or using a
				  format specified by the director. Notification must include the
(1) date of change or acquisition;
(2) date wages first paid under the new
				ownership;
(3) type of change,
				including a
(A) change in entity, such as a
				change from a sole proprietorship to a partnership and a partnership to a
				corporation;
(B) corporate charter
				change;
(C) corporate officer
				change;
(D) a change as a result of
				a merger, consolidation, or purchase;
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.292 - Contribution rate for successor employer in business

Current through May 31, 2024
(a) To determine if
				a business was acquired or transferred solely or primarily for the purpose of
				obtaining a more favorable rate of contributions under
				AS
				23.20.295 or
				23.20.297, the department shall
				use objective factors on a case by case basis, including
(1) the cost of acquiring the
				business;
(2) whether the successor
				employer continued essentially the same business activity as the predecessor
				employer;
(3) how long the same
				business activity was continued;
(4) whether the successor employer hired a
				substantial number of new employees for performance of duties unrelated to the
				business activity before the acquisition; and
(5) whether there was a continuity of control
				of the business.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.295 - Contribution rate for delinquent employer accounts

Current through May 31, 2024
(a) Except as
				provided in (c) of this section, an employer is not eligible for a rate
				determination under
				AS
				23.20.280-23.20.310 for a calendar year if,
				on quarters before July 1 of the preceding calendar year,
(1) the employer is delinquent $100 or more
				in paying contributions, penalties, or interest due under
				AS
				23.20.165,
				23.20.185,
				23.20.190,
				23.20.195, or
				23.20.260; or
(2) the employer has not filed a report as
				required under
				AS
				23.20.105,
				23.20.260, or
				8 AAC 85.020.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.300 - Computation of reserve multiple

Current through May 31, 2024
(a) For the purpose
				of calculating the reserve rate in
				AS
				23.20.310(7), the "total
				amount available for benefits" as of September 30 preceding the rate year shall
				include interest accrued to the unemployment trust fund account as of that
				date.
(b) The reserve rate shall be
				expressed to the fourth decimal place for purposes of computing the reserve
				multiple in
				AS
				23.20.310(6). The number in
				the fourth decimal place of the reserve rate shall be rounded to the next
				highest number if the number in the fifth decimal place is five or
				more.
Authority:
AS
					 23.20.045
AS
					 23.20.310
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.320 - Information furnished nonprofit organizations, government entities and federally recognized tribes

Current through May 31, 2024
(a) Each nonprofit
				organization, government entity, or federally recognized tribe that has elected
				to become liable for payments under
				AS
				23.20.276, in place of making contributions,
				will be furnished a billing as provided in
				AS
				23.20.277 that contains a listing of
				individual claimants whose benefits were charged against the affected nonprofit
				organization, government entity, or federally recognized tribe.
(b) The listing will contain
(1) each individual claimant's name and
				social security account number;
(2)
				the total net amount of benefits paid to each individual claimant during the
				period specified on the billing;
(3) the percentage of the total net amount
				that is attributable to the nonprofit organization, government entity, or
				federally recognized tribe; and
(4)
				the net amount charged for regular and extended benefits paid to each
				individual claimant during the period specified on the billing.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.330 - Office rules

Current through May 31, 2024
The director may post in each unemployment insurance claims
				  office such rules as he determines are necessary to insure the proper, orderly,
				  and efficient administration of the employment security program. Any claimant
				  failing to observe these rules will, at the discretion of the office manager,
				  be rescheduled to appear at another time.
Authority:
AS
					 23.20.045
AS
					 23.20.330
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.340 - Exchange of information with other agencies

Current through May 31, 2024
(a) In order for
				the department to determine whether a requesting agency's safeguards for
				confidentiality of information are, at a minimum, as effective as the
				safeguards imposed by the department, any agency of this or another state or of
				the federal government requesting information under
				AS
				23.20.110(c) must have on
				file with the department, or enclose with the request, a copy of the applicable
				statute or regulation pertaining to the confidentiality of its
				records.
(b) If no copy of the
				applicable statute or regulation is on file or enclosed with an agency request
				for information, the department will request a copy from the agency before
				releasing any information. If no copy is received after having been requested,
				or if the safeguards of the agency requesting information do not meet the
				standards of
				AS
				23.20.110, no information will be provided to
				that agency by the department.
(c)
				"Agency" as used in
				AS
				23.20.110(c) and this
				section does not include law enforcement agencies of a local, state, or federal
				government.
Authority:
AS
					 23.20.045
AS
					 23.20.110
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.350 - Able to work and available for suitable work: general provisions

Current through May 31, 2024
(a) A
				claimant is considered able to work if the claimant is physically and mentally
				capable of performing work under the usual conditions of employment in the
				claimant's principal occupation or other occupations for which the claimant is
				reasonably fitted by training and experience.
(b) A claimant is considered available for
				suitable work for a week if the claimant
(1)
				registers for work as required under
				8 AAC 85.351;
(2) makes independent efforts to find work as
				directed under
				8 AAC 85.352 and
				8 AAC 85.355;
(3) meets the requirements of
				8 AAC 85.353 during periods of travel;
(4) meets the requirements of
				8 AAC 85.356 while in training;
(5) is willing to accept and perform suitable
				work which the claimant does not have good cause to refuse;
(6) is available, for at least five working
				days in the week, to respond promptly to an offer of suitable work;
				and
(7) is available for a
				substantial amount of full-time employment.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.351 - Able and available for suitable work: registration for work

Current through May 31, 2024
(a) A claimant who
				files a claim for benefits in a state that acts as an agent in taking claims
				for benefits held by this state shall register for work within seven days from
				the date the initial claim is filed and maintain the placement registration for
				work in accordance with the statutes, regulations, and procedures of the state
				in which the claim is filed.
(b) A
				claimant who files for benefits in this state shall register for work and
				maintain an active placement registration for work in this state as required by
				AS 23.20 and this section. An active placement registration for work in this
				state means the claimant has registered in the Alaska Labor Exchange System and
				has posted an online resume that is available for employers and division staff
				to match with available jobs. A claimant shall register for work
(1) repealed 3/4/2006;
(2) in person at the employment service
				office of the division that is nearest the claimant's residence;
(3) by telephone, if permitted by the
				director; or
(4) by electronic
				means at the department's website.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.351 - Able and available for suitable work: registration for work

Current through May 31, 2024
(a) A claimant who
				files a claim for benefits in a state that acts as an agent in taking claims
				for benefits held by this state shall register for work within seven days from
				the date the initial claim is filed and maintain the placement registration for
				work in accordance with the statutes, regulations, and procedures of the state
				in which the claim is filed.
(b) A
				claimant who files for benefits in this state shall register for work and
				maintain an active placement registration for work in this state as required by
				AS 23.20 and this section. An active placement registration for work in this
				state means the claimant has registered with the labor exchange system operated
				by the division and has posted an online resume that is available for employers
				and division staff to match with available jobs. A claimant shall register for
				work
(1) in person at the employment service
				office of the division that is nearest the claimant's residence;
(2) by telephone, if permitted by the
				director based on resource availability; or
(3) by electronic means at the department's
				website.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.352 - Able and available for suitable work: work search

Current through May 31, 2024
(a) A claimant
				required to register for work under AS 23.20 and
				8 AAC 85.351 must actively seek suitable work by making
				at least one valid work search during each week that the claimant files for
				unemployment insurance benefits.
(b) The division may require a claimant to
				make more than one valid work search during a week that the claimant files for
				unemployment insurance benefits based on each occupation suitable for the
				claimant within the area in which the claimant is filing benefit claims. The
				division will notify a claimant of the claimant's work search requirement for a
				given benefit week by using a method specified by the director.
(c) A work search is considered valid if
(1) the claimant contacts an employer
				regarding work;
(2) the work is
				suitable under
				8 AAC 85.410 to the claimant's skills and capabilities;
				and
(3) the method of contact is
				appropriate based on how prospective employers in that occupation are usually
				contacted for work.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.352 - Able and available for suitable work: work search actively

Current through May 31, 2024
(a) A claimant who is required to register
				for work under AS 23.20 and 8 AAC 85.351 shall actively seek suitable work by
				performing at least one valid work search activity during each week that the
				claimant files for unemployment insurance benefits.
(b) The division may require a claimant to
				perform more than one valid work search activity during a week that the
				claimant files for unemployment insurance benefits based on the population and
				tabor market of the area in which the claimant resides while filing a benefits
				claim. For each benefit week in which the claimant files a benefits claim, the
				division will provide the claimant with the number of work search activities
				that the claimant is required to perform, using a method specified under (c) of
				this section by the director.
(c) A
				work search activity is valid if
(1) the
				claimant
(A) inquires with an employer
				through investigation of the employer's job postings or website or other
				explorative activities, or contacts an employer by telephone, by electronic
				mail, or in person regarding work; the method of contact or inquiry must be
				appropriate based on how the prospective employer is usually contacted for
				work; or
(B) visits a job center
				for a reemployment service or career workshop. attends a job interview, or
				performs a similar high-engagement activity approved by the director;
				and
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.353 - Able and available for suitable work: travel claims

Current through May 31, 2024
(a) The requirements of this section apply to
				any period during which a claimant travels outside the customary commutable
				area in which the claimant resides, unless the claimant travels while exempted
				from availability requirements under
				AS
				23.20.378(a) or in
				connection with training approved under
				AS
				23.20.382 For purposes of this section,
				customary commutable area means an area where a claimant customarily commute;
				to and from work each day.
(b) A
				claimant is available for work each week while traveling only if the claimant
				is traveling to
(1) search for work and is
				legally eligible to accept work in the area of travel;
(2) accept an offer of work that begins no
				later than 14 days after the claimant's departure; or
(3) establish or return to a residence
				immediately following the claimant's discharge from the armed forces.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.354 - Able and available for suitable work: exemption standards

Current through May 31, 2024
(a) A claimant
				seeking an exemption granted to an ill or disabled claimant under
				AS
				23.20.378 will, in the discretion of the
				division, be required to submit to the division a medical report verifying the
				illness or disability. A report may be required for an illness or disability of
				any duration, or periodically during an extended illness or disability. The
				report must be completed and signed by a physician; however, if no physician is
				available, the statement may be completed and signed by a nurse or other
				medical official. The report must specify at least the nature of the illness or
				disability, the date it was incurred, and its expected duration.
(b) A claimant who travels for medical
				reasons under the conditions specified in
				AS
				23.20.378 must submit to the division the
				name and address of the provider of medical services and the date on which
				services were provided.
(c) A
				claimant who is noncommercially hunting or fishing for survival, or for the
				survival of dependents, under the conditions specified in
				AS
				23.20.378, is not required to be available
				for work while obtaining sufficient food for survival. In determining whether
				the noncommercial hunting or fishing is necessary for survival, the director
				will consider the
(1) total income of the
				claimant and the claimant's spouse for the 12 months preceding the hunting or
				fishing;
(2) existence of an
				historical pattern of hunting or fishing for survival in the immediate area of
				the claimant's residence;
(3)
				existence of an established pattern of hunting or fishing for survival by the
				claimant; and
(4) existence of
				other resources that the claimant can use for survival under the circumstances,
				including any available work.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.355 - Able and available for suitable work: eligibility review

Current through May 31, 2024
The director may review a claimant's registration for work
				  and availability for work at any time during the benefit year. As part of the
				  review, the director shall consider the claimant's training, experience, length
				  of unemployment, plan for obtaining work, barriers to reemployment, and work
				  prospects. On the basis of the review, the director may assign to the claimant
				  new suitable occupation codes, change the claimant's registration for work,
				  assign the claimant to reemployment services or instruct the claimant to make
				  independent attempts to find work that are appropriate for the occupation and
				  labor market. If the claimant fails without good cause to participate in the
				  review, participate in reemployment services as directed by the director, or
				  follow instructions of the division to help the claimant find suitable work,
				  the director shall determine the claimant as not available for
				  work.
Authority:
AS
					 23.20.045
AS 23.20.080
AS 23.20.378
AS
					 23.20.385
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.356 - Able and available for suitable work: attendance at training

Current through May 31, 2024
A claimant who is attending training is available for work
				  if
(1) the claimant is not
				disqualified under
				AS
				23.20.378(c);
(2) the claimant is attached to the labor
				force and is ready and willing to immediately accept suitable full-time work
				for which the claimant is presently qualified; and
(3) the claimant
(A) while working full-time and attending
				training, became unemployed for reasons not attributable to the training, and
				the hours of training have not changed substantially;
(B) began attending training after becoming
				unemployed and no rearrangement of the training schedule would be necessary to
				accommodate at least one regular work shift in an occupation suitable for the
				claimant; or
(C) is willing and
				able to change the training schedule or leave the training to accept suitable
				work.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.357 - Able and available for suitable work: reemployment services

Current through May 31, 2024
(a) A claimant is
				not available for work for any week in which the claimant fails to participate
				in reemployment services if the claimant has been determined by the director
				likely to exhaust regular benefits and need reemployment services, unless the
				claimant has
(1) completed the reemployment
				services; or
(2) has good cause
				under (b) of this section for failure to participate in the reemployment
				services.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.360 - Policy manual

Current through May 31, 2024
In implementing
				  AS
				  23.20.455(a), the department
				  will maintain a policy manual interpreting the provisions of AS 23.20 and this
				  chapter. Copies of the manual are available for inspection at all employment
				  service offices and at the central office in Juneau.
Authority:
AS
					 23.20.045
AS
					 23.20.455
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.380 - Disqualification for misrepresentation

Current through May 31, 2024
(a) A
				disqualification under
				AS
				23.20.387 begins with the week in which the
				department makes the determination of disqualification, and may not exceed 52
				weeks. The period of disqualification is at least six weeks for each week
				affected by the false statement, misrepresentation, or failure to report a
				material fact. Additional weeks of disqualification will be imposed if the
				circumstances of the case require an increased penalty.
(b) To determine the period of
				disqualification under
				AS
				23.20.387 the department will consider
(1) the seriousness of the false statement,
				misrepresentation, or failure to report a material fact;
(2) the amount of benefits affected by the
				false statement, misrepresentation, or failure to report a material fact;
				and
(3) the extent to which the
				disqualification would deter others from committing a similar
				offense.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.390 - Remuneration in a medium other than cash

Current through May 31, 2024
The cash value of remuneration other than cash will be
				  determined as follows:
(1) the cash
				value of a commodity, product, or other payment in kind is the value agreed
				upon by the individual and his employer; if the value has not been agreed to,
				the cash value is the fair market value of the commodity, product, or other
				payment in kind;
(2) the cash value
				of board and lodging will be the amount specified in a union contract or
				agreement or, if there is not a union agreement, by a written or oral contract
				of employment; if a value is not specified in a contract or agreement, board
				and lodging is considered to have the following value:
full board and lodging per week . . . . . $ 97.00
meals per week . . . . . 49.00
meals per day . . . . . 7.00
individual meals . . . . . 2.50
lodging per week . . . . . 47.00
lodging per day . . . . . 7.00
monthly home or apartment rental . . . . .
				  597.00
Authority:
AS
					 23.20.045
AS 23.20.360
AS 23.20.505
AS
					 23.20.530
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.400 - Adjustments and refunds

Current through May 31, 2024
(a) An employee
				whose employer deducts and pays contributions on more of the employee's wages
				than are subject to deduction must apply to the employer for a refund. If a
				refund cannot be obtained from an employer, the employee may request assistance
				from the department. An employer who pays more contributions than are due is
				entitled to a refund or credit against future contributions if the employer
				certifies to the director by affidavit that the employee's share has been
				refunded to the employee.
(b) An
				employee who, in the employ of two or more employers, earns wages in one
				calendar year totaling more than the wages subject to contributions, is
				entitled to a refund of the excess contributions deducted from the employee's
				wages if
(1) the employee submits a refund
				application to the department, on a form provided by the director, during the
				calendar year immediately following the calendar year in which the deductions
				are made; or
(2) the employee was
				not provided with sufficient notification of department regulation as
				prescribed under
				AS
				23.20.335; a refund may be granted for any
				wages the department has on file.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.410 - Suitable work

Current through May 31, 2024
(a) The director shall determine that work is
				suitable for a claimant if the work is in the claimant's customary occupation,
				or is work for which the claimant has training and experience.
(b) To determine if the wages, hours, or
				other conditions of work offered to a claimant are substantially less favorable
				to him than those prevailing for similar work in the locality, the following
				standards apply:
(1) similar work is work
				which is similar in the operations performed, the skill, ability and knowledge
				required, and the responsibilities involved. A judgment of similar work will
				not be based on job title, hours of work, wages, permanency of the work,
				unionization, employee benefits, or other conditions of work;
(2) the locality of the work offered to a
				claimant is the area surrounding the offered work and is comprised of those
				establishments which normally use the same labor supply for work similar to the
				offered work;
(3) the prevailing
				wages, hours, or other conditions of work are those under which the greatest
				number of workers are employed in similar work in the locality; however, if the
				greatest number of workers employed at the same rate is not at least one-third
				of the total employed, then the prevailing rate will be expressed as the
				weighted average of the total number of rates;
(4) a condition of work offered to a claimant
				is not substantially less favorable than that prevailing for similar work in
				the locality if the difference between the condition of the offered work and
				the prevailing condition is minor or technical, or would have no adverse effect
				on the claimant. Wages for work offered to a claimant are substantially less
				favorable than those prevailing if the offered rate is less than 90 percent of
				the prevailing rate.