Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.10 - Employer and Employer Representative Participation in Fact-finding Interviews

Current through Register Vol. 47, No. 3, July 24, 2024
(1) "Participate," as
			 the term is used for employers in the context of the initial determination to
			 award benefits pursuant to Iowa Code section
			 96.6, subsection 2, means
			 submitting detailed factual information of the quantity and quality that if
			 unrebutted would be sufficient to result in a decision favorable to the employer.
			 The most effective means to participate is to provide live testimony at the
			 interview from a witness with firsthand knowledge of the events leading to the
			 separation. If no live testimony is provided, the employer must provide the name
			 and telephone number of an employee with firsthand information who may be
			 contacted, if necessary, for rebuttal. A party may also participate by providing
			 detailed written statements or documents that provide detailed factual
			 information of the events leading to separation. At a minimum, the information
			 provided by the employer or the employer's representative must identify the dates
			 and particular circumstances of the incident or incidents, including, in the case
			 of discharge, the act or omissions of the claimant or, in the event of a
			 voluntary separation, the stated reason for the quit. The specific rule or policy
			 must be submitted if the claimant was discharged for violating such rule or
			 policy. In the case of discharge for attendance violations, the information must
			 include the circumstances of all incidents the employer or the employer's
			 representative contends meet the definition of unexcused absences as set forth in
			 871-subrule 24.32(7). On the other hand, written or oral statements or general
			 conclusions without supporting detailed factual information and information
			 submitted after the fact-finding decision has been issued are not considered
			 participation within the meaning of the statute.
(2) "A continuous pattern of nonparticipation
			 in the initial determination to award benefits," pursuant to Iowa Code section
			 96.6, subsection 2, as the term is
			 used for an entity representing employers, means on 25 or more occasions in a
			 calendar quarter beginning with the first calendar quarter of 2009, the entity
			 files appeals after failing to participate. Appeals filed but withdrawn before
			 the day of the contested case hearing will not be considered in determining if a
			 continuous pattern of nonparticipation exists. The division administrator shall
			 notify the employer's representative in writing after each such appeal.
(3) If the division administrator finds that an
			 entity representing employers as defined in Iowa Code section
			 96.6, subsection 2, has engaged in
			 a continuous pattern of nonparticipation, the division administrator shall
			 suspend said representative for a period of up to six months on the first
			 occasion, up to one year on the second occasion and up to ten years on the third
			 or subsequent occasion. Suspension by the division administrator constitutes
			 final agency action and may be appealed pursuant to Iowa Code section
			 17A.19.
(4) "Fraud or willful misrepresentation by the
			 individual," as the term is used for claimants in the context of the initial
			 determination to award benefits pursuant to Iowa Code section
			 96.6, subsection 2, means
			 providing knowingly false statements or knowingly false denials of material facts
			 for the purpose of obtaining unemployment insurance benefits. Statements or
			 denials may be either oral or written by the claimant. Inadvertent misstatements
			 or mistakes made in good faith are not considered fraud or willful
			 misrepresentation.
This rule is intended to implement Iowa Code section 96.3(7) "b"
				as amended by 2008 Iowa Acts, Senate File 2160.