reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 20 - Labor › Part 2 - Mississippi Workers' Compensation Medical Fee Schedule › Mississippi Workers' Compensation Commission Guidelines for the Prescription of Opiates › Section 20-2-IX - Opioid Abuse Disorder

Current through June 25, 2024
A.
DSM V Opioid Use Disorder Criteria
Opioid Use Disorder is specified instead of Substance Use
				  Disorder if opioids are the drugs of abuse. A minimum of 2-3 criteria is
				  required for a mild substance use disorder diagnosis, while 4-5 criteria is
				  moderate, and 6-7 criteria is severe (APA, 2013):
1. taking the opioid in larger amounts and
				for longer than intended;
2.
				wanting to cut down or quit but not being able to do it;
3. spending a lot of time obtaining the
				opioid;
4. repeatedly unable to
				carry out major obligations at work, school, or home due to opioid use;
5. continued use despite
				persistent or recurring social or interpersonal problems caused or made worse
				by opioid use;
6. stopping or
				reducing important social, occupational or recreational activities due to
				opioid use;
7. recurrent use of
				opioids in physically hazardous situations;
8. consistent use of opioids despite
				acknowledgment of persistent or recurrent physical or psychological
				difficulties from using opioids;
9.
				tolerance as defined by either a need for markedly increased amounts to achieve
				intoxication or desired effect or markedly diminished effect with continued use
				of the same amount. (criterion does not apply when used appropriately under
				medical supervision); and
10.
				withdrawal manifesting as either characteristic syndrome or the substance is
				used to avoid withdrawal (criterion does not apply when used appropriately
				under medical supervision).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-200.0 - Administrative Law Judge Defined

Current through June 25, 2024
(A) For purposes of
				  the Law, a referee shall be an Administrative Law Judge (ALJ) as used
				  throughout the following Regulations.
(B) Pursuant to and as provided by the
				  Employment Security Act, appealed claims shall be heard and decided by an
				  ALJ.
(C) Pursuant to and as
				  provided by the Law, appeals of ALJs decisions shall be heard and decided by
				  the Board of Review.
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-200.01 - Filing an Appeal

Current through June 25, 2024
(A) Time for
				  Filing: Pursuant to Sections
				  71-5-517
				  and
				  71-5-519
				  of the Law, an interested party must file an appeal for an initial or amended
				  determination within fourteen (14) days of the date the determination was
				  mailed to the last known address or delivered electronically to the email
				  address on record. If the last day to appeal falls on a Saturday, Sunday, or
				  other legal holiday, or day in which the Agency is closed for business, then
				  the time allowed to appeal shall run until the end of the next business
				  day.
(B) Method of Filing: Appeals
				  shall be filed using methods and procedures the Agency has established. Those
				  methods prescribed by the Agency and new methods that may develop with
				  technological advances and specifically include the following:
(1) delivery by the United States Postal
				  Services to the address provided on the determination or decision being
				  appealed;
(2) faxing to the number
				  provided in the determination or decision being appealed;
(3) in-person at any WIN Job
				  Center;
(4) electronically at the
				  address provided in the determination or decision being appealed; or
(5) telephonically by calling the number
				  provided on the determination or decision being appealed.
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-200.02 - Scheduling of Hearings before the Appeals Department

Current through June 25, 2024
(A)
				  Telephone Hearings: Filed appeals will be set for a hearing to be conducted
				  using a telephone conferencing system, unless a request for a Video Conference
				  or In-person Hearing is made and the Department determines it necessary.
(1) In-person Factors: Factors that will be
				  considered prior to granting a request for a Video Conference or In-person
				  Hearing include, but are not limited to, the timeliness of the request, the
				  location of the hearing if held in-person, cost factors for the Agency and the
				  parties, the number of witnesses and/or exhibits to be introduced, credibility
				  issues, sense related issues (i.e. visual appearance), interpreter issues, and
				  any clear and present safety concerns.
(2) Scheduling of a Hearing: Within fifteen
				  (15) days of the receipt of an appeal (barring extraordinary circumstances) the
				  Appeals Department of the Agency (the Appeals Department), shall schedule the
				  appeal for a hearing before an ALJ. At least seven (7) days prior to the
				  scheduled hearing date, a Notice of Hearing shall be sent by regular mail or
				  electronically to the parties interested in the determination being
				  appealed.
(3) Contents of the
				  Notice of Hearing:
(a) A statement of the
				  legal authority and jurisdiction under which the proceeding is being
				  conducted;
(b) A reference to the
				  applicable statutes and rules;
(c)
				  A statement of the issues to be decided;
(d) A statement of the time (and if in person
				  the place) of the hearing;
(e) A
				  phone number that the parties must call the day before and leave their phone
				  contact number for the time of the hearing.
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-200.03 - Disqualification Duties; Reports; Conflicts of Interest

Current through June 25, 2024
(A)
				  An Administrative Law Judge (ALJ) or Board of Review Member (Board Member) may
				  not participate in the hearing of an appeal in which they have an interest.
				  Challenges to the interest of an ALJ or Board Member who refuses to recuse
				  themselves may be heard and decided by the Chairman of the Board of
				  Review.
(B) Whenever an ALJ is
				  disqualified or it becomes impracticable for the ALJ to continue the hearing,
				  another ALJ may continue with the hearing. If it is shown that substantial
				  prejudice to any party will result, the new ALJ shall start the hearing over
				  with a blank record. Whenever a Board Member is disqualified or it becomes
				  impracticable for the Board Member to continue the hearing review, the
				  remaining Board Members may continue with the review. If it is shown that
				  substantial prejudice to any party will result, the remaining Board of Review
				  members shall disregard prior discussions and start the hearing review
				  over.
(C) Ex parte Communications:
				  An ex parte communication is an off-the- record communication between a
				  presiding ALJ or Board Member and one party to the appeal without the other
				  partys presence. This practice is generally not acceptable. Further, the ALJ
				  and the Board of Review shall maintain independent decision making from one
				  another.
(1) In any adjudicatory proceeding,
				  no Board Member or ALJ authorized to take final action or to make findings of
				  fact and conclusions of law shall communicate directly or indirectly in
				  connection with any issue of fact, law, or procedure, with any party or other
				  persons legally interested in the proceeding, except with proper notice and
				  opportunity for all parties to participate.
(2) This subsection does not prohibit Board
				  Members from:
(a) Communicating in any
				  respect with other Board Members; or
(b) Having the aid and advice of their own
				  staff, counsel or consultants retained by the Board of Review who have not
				  participated and will not participate in the Board of Review proceeding in an
				  advocate capacity.
(3)
				  This subsection does not prohibit any ALJ from:
(a) Communicating in any respect with other
				  members of the Appeals Department; or
(b) Having the aid or advice of those members
				  of her own staff, counsel or consultants retained by the Appeals Department who
				  have not participated and will not participate in the Appeals Department
				  proceeding in an advocate capacity.
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-200.04 - Conduct of Hearings

Current through June 25, 2024
(A) The ALJs duties
				  are to:
(1) preside over and control the
				  hearing;
(2) maintain the official
				  timepiece of the hearing;
(3)
				  administer oaths and affirmations;
(4) rule on the admissibility of
				  evidence;
(5) set the time and
				  place for continued hearings;
(6)
				  when warranted, fix the time for filing evidence, briefs, and other written
				  submissions; and
(7) take other
				  actions authorized by the Law and these Regulations.
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-200.05 - Disposition without full hearing

Current through June 25, 2024
(A) The Board of
				  Review or the Appeals Department may make informal disposition of any
				  adjudicatory proceeding by default when the appealing party or the party with
				  the burden of proof fails to appear at the scheduled hearing. A party shall be
				  deemed to have failed to timely appear at a hearing when the party fails to
				  appear as provided in the notice of hearing, including calling an Appeals
				  Department telephone number or providing in advance a telephone number as
				  required by the notice of hearing, or by failing to be present at the telephone
				  number provided by the party for ten (10) or more minutes past the scheduled
				  start time of the hearing.
(B) Any
				  such default may be set-aside by the Board of Review or Appeals Department for
				  good cause shown. The procedure for good cause hearings is as follows:
(1) No later than fourteen (14) days after
				  the date of the postal or electronic mailing of the decision, upon written
				  request setting forth the reasons for failing to appear, the Appeals Department
				  may provide a good cause hearing to a party that failed to appear at the
				  hearing. If the Appeals Department determines that good cause exists, it will
				  conduct a hearing on the underlying substantive issues. Similarly, upon written
				  request setting forth the reasons for failing to appear at a hearing, the Board
				  of Review may provide a good cause hearing to the appealing party. A hearing on
				  the underlying substantive issues shall be conducted only if the Board of
				  Review determines that good cause exists.
(2) If it is decided that a party did not
				  have good cause for nonappearance, no evidence will be taken on the substantive
				  issues, and the decision previously made will remain unaffected and in
				  force.
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-200.06 - Decisions

Current through June 25, 2024
(A) Every decision of the Board of Review and
				  Appeals Department shall be in writing and shall include findings of fact
				  sufficient to inform the parties of the basis for the conclusions of law and
				  the decision. Findings of fact must be supported by substantial evidence in the
				  record.
(B) A copy of the decision
				  shall be promptly mailed via U.S. Mail or electronically to each party to the
				  proceeding and their representative of record. Written notice of the party's
				  rights to appeal to the Board of Review or the courts, and the time within
				  which such action must be taken, shall be given to each party with the
				  decision.
(C) The following
				  statement shall appear on the ALJs decision:
"If an appeal is taken to
				  the Board of Review, such appeal will be considered on the record previously
				  made, and no hearing before the Board will be scheduled
."
(D) The Board of Review shall maintain a
				  record of the vote of each member of the Board of Review with respect to the
				  Board of Review decision. If a decision of the Board of Review is not
				  unanimous, the decision of the majority shall control. The minority may file a
				  dissent from such decision setting forth the reasons why it fails to agree with
				  the majority.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-201.00 - Appeals Pending Before Administrative Law Judge and Removed to Board of Review

Current through June 25, 2024
(A) The Chairman of
				  the Board of Review may remove to the Board of Review the proceedings on any
				  claim pending before an ALJ.
(B)
				  Any appeal removed to the Board of Review shall be presented, heard, and
				  decided by the Board of Review in the manner prescribed by the Law and in the
				  preceding and following Regulations.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-202.00 - Appeals From Decisions Of Administrative Law Judges To The Board Of Review

Current through June 25, 2024
Any interested party to a decision of an ALJ, adversely
					 affected by the decision, shall have the right to appeal to the Board of
					 Review.
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-202.01 - Method of Review

Current through June 25, 2024
(A) The Board of
				  Review may affirm, modify, reverse, or set aside any ALJ decision based on the
				  record previously made by the ALJ. All appeals to the Board of Review shall be
				  heard upon the evidence in the record previously made. The Board of Review, at
				  its discretion, may also consider written arguments or briefs filed by any of
				  the parties.
(B) The Board of
				  Review, in its discretion, may remand any claim that is before it to an ALJ for
				  the taking of such additional evidence as the Board of Review may deem
				  necessary. Such testimony shall be taken by the ALJ in the manner prescribed
				  for the conduct of hearings on appeal before the ALJ. Upon the completion of
				  the taking of evidence by an ALJ, pursuant to the direction of the Board of
				  Review, the record of such evidence shall be returned to the Board of Review
				  for a decision. Alternatively, the ALJ may be instructed to issue a decision
				  and in that case, a right of appeal to the Board of Review shall be provided to
				  the parties.
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-202.02 - Appeals by Board of Review of its Own Motion

Current through June 25, 2024
(A) Within
				  fourteen (14) days following a decision issued by an ALJ, and in the absence of
				  filing of a notice of appeal by any of the parties, the Board of Review, on its
				  own motion, may order the parties to appear before it for a hearing on the
				  claim or any issue involved.
(B)
				  Such hearing shall be held only after ten (10) days prior notice to the
				  parties, and shall be heard in the manner prescribed for the hearing of appeals
				  from the decision of the ALJ.
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-202.03 - Board of Review Decision

Current through June 25, 2024
Any decision of the Board of Review shall become final ten
					 (10) days after the regular U.S. Mail mailing date or electronic transmittal
					 date of the notification. No request by any party for reconsideration by the
					 Board of its decision, made by a standard review of an ALJs hearing record,
					 shall be considered by the Board.
However, in any case in which the Board of Review conducts
					 a hearing and receives additional evidence, testimony, or hears argument on the
					 issues, any party not present or represented at such a hearing may, not later
					 than ten (10) days after the date of notification of the Board's decision, file
					 with the Board a written request to set aside such decision and reopen the case
					 for further hearings.
Such request shall state the reasons for the party's
					 failure to appear and if the Board of Review determines that the party has made
					 a showing of good cause for his or her failure to appear, it shall reschedule
					 the case for further hearing and its final decision.
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-202.04 - Appeals to Courts

Current through June 25, 2024
Within ten (10) days after the decision of the Board of
					 Review has become final (see 202.4), any party who is aggrieved thereby may
					 appeal an action in the Circuit Court of the County in which they reside
					 against the Agency for a review of such decision. The Agency is also authorized
					 to appeal decisions of the Board of Review involving questions of
					 interpretation of the Law. The Agency will provide notice to the parties to the
					 decision, and such an appeal shall not have the effect of denying benefits to
					 any claimant who has been awarded benefits by virtue of the decision of the
					 Board of Review from which the appeal is taken.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-203.00 - Requests to Supply Information from the Records of the Department of Employment Security

Current through June 25, 2024
Requests for information from the records of the Agency by
					 a party to an appeal, or their representative, shall be complied with to the
					 extent necessary for the proper disposition of the claim, in accordance with
					 Section
					 71-5-127
					 of the :Law, All such requests shall state the nature of the information
					 desired. Such compliance may include the furnishing of a copy of the record on
					 appeal to a party, which will generally be a recorded copy of the
					 hearing.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-205.00 - Waiver of Notice and Entry of Appearance

Current through June 25, 2024
Interested parties to whom a notice of any hearing on
					 appeal is required by these Regulations to be given, whether before an ALJ or
					 the Board of Review, may, prior to or at such hearing, waive the requirement of
					 such notice and enter their appearance at such hearing for all purposes. Such
					 waiver and entry of appearance is evidenced by a statement in writing to that
					 effect, or a statement duly recorded, which is made part of the record of the
					 hearing.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-206.00 - Records of Decisions of Administrative Law Judges and Board of Review to be Kept

Current through June 25, 2024
(A) All decisions
				  of any ALJ and of the Board of Review shall be listed in a minute book and /or
				  electronic file provided for such purpose. Decisions of any ALJ shall be signed
				  by the individual rendering the same, and decisions of the Board of Review
				  shall be signed as The Board of Review. The minute book or electronic file
				  shall be kept by the Chairman of the Board of Review.
(B) Copies of all decisions of the ALJ and
				  the Board of Review shall be kept on file, via either paper file or electronic
				  file, at the Agency in Jackson, Mississippi. Such decisions shall be open for
				  inspection, without in any manner without revealing the names of any of the
				  parties or witnesses involved. The said decisions shall be numbered, codified,
				  or identified by the Board of Review, or its authorized representative, and in
				  such manner as it shall determine.
(C) For purposes of these regulations,
				  "parties in interest", "interested parties", and "parties interested" shall
				  mean, unless otherwise indicated, the claimant, the Agency, the Claims Examiner
				  whose determination has been appealed, and the claimant's last employer, and
				  any other person whose interests may be proximately affected.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-207.00 - Precedent Decision

Current through June 25, 2024
(A) The Board of
				  Review, by unanimous vote, may designate all or part of a decision as a
				  precedent decision if it contains a significant legal or policy determination
				  of general application that is likely to recur.
(B) A legal or policy determination is
				  significant if it establishes a rule of law or policy, resolves an unsettled
				  area of law or overrules, modifies, refines, clarifies, or explains a prior
				  precedent decision.
(C) A legal or
				  policy determination is of general application if the facts are sufficiently
				  common to give guidance to future cases, clearly illuminate the legal or policy
				  determination, and are significant to the parties, the public, the taxpayers,
				  or the operation of the Agency.
(D)
				  A precedent decision shall be clearly identified as such and published in such
				  a manner as to make it available for public use. Information identifying any
				  party shall be removed prior to the publications.
(E) The Board shall maintain an index of
				  significant legal and policy determinations made in precedent
				  decisions.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-208.00 - Responsibility of Parties to Notify the Appeals Department of Address Change

Current through June 25, 2024
(A) It is the responsibility of each party to
				  an appeal before the ALJ or the Board of Review to notify the Appeals
				  Department of any change of name or address. If any party to an appeal has
				  reason to believe that it will be difficult to receive mail or email at the
				  address or email address provided to the Appeals Department, the party shall
				  make the necessary arrangements to insure timely receipt of all correspondence
				  from the Agency.
(B) In any
				  instance where a party alleges failure to receive timely notice of a hearing,
				  or of a decision from the ALJ or Board of Review, it shall be the burden of
				  such party to prove compliance with subsection (A) above.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-209.00 - Notices from the Appeals Department

Current through June 25, 2024
Any notice of hearing, decision, or continuance properly
					 named, addressed, and mailed or electronically delivered by the Appeals
					 Department and Board of Review to any interested party, and not returned by the
					 U.S. Postal Service or as undeliverable through email, shall create a
					 rebuttable presumption of proper delivery and receipt of such notice or
					 decision.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-300.00 - Filing Initial, Additional and Reopened Claims

Current through June 25, 2024
The effective date of an initial claim will be the Sunday
					 preceding the date on which the individual files a claim for benefits by any
					 method provided by the Agency. If the claim is filed on a Sunday, then the
					 claim will be effective on the Sunday it is filed.
If the Agency determines that an individual filed their
					 initial claim at the first available opportunity, the effective date of the
					 claim will be the Sunday prior to the date they became unemployed.
An initial claim for benefits may be backdated to the
					 Sunday proceeding the date the individual became unemployed provided good cause
					 is established, and the individual reports within seven (7) calendar days of
					 the date the first opportunity was afforded by the Agency.
Good cause will be defined as circumstances beyond the
					 control of the person. For the purposes of this paragraph, the first day of
					 unemployment for an individual whose unemployment begins on Saturday or Sunday
					 shall be the following Monday.
In case of a catastrophic occurrence, the Agency will have
					 the authority to waive the time afforded the applicant to file a
					 claim.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-301.00 - Reconsideration of Initial Determination

Current through June 25, 2024
An initial determination may for good cause be reconsidered
					 if the request is filed within fourteen (14) days from the date such
					 notification was mailed to an individuals last known address. The Agency has
					 the discretionary authority to consider untimely filed requests made under this
					 regulation if it can be shown there are compelling circumstances which justify
					 a reconsideration such as fraud, misconception of facts or any other reason the
					 Agency deems compelling.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-302.00 - Filing Mass Lay-off Initial Claims

Current through June 25, 2024
Initial claims for benefits for individuals may be filed in
					 groups for a layoff from the same employer for the same time period of
					 unemployment. The effective date of the claims will be determined by the Agency
					 based on the first day of unemployment, provided the person files in the
					 specified manner, at a designated time, date, and place agreed on by the
					 employer and the Agency.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-303.00 - Filing Weekly Certifications for Benefits

Current through June 25, 2024
A claim for waiting period credit or benefits must be filed
					 by the Friday following the week being claimed, using methods prescribed by the
					 Agency. An exception to this rule can be considered if the individual files
					 their claim within fourteen (14) days of the week being filed, provided no
					 availability issue exists.
If an individual is in a claim series and makes no attempt
					 to file a continued claim for three (3) or more consecutive weeks, no claim for
					 benefits will be allowed until the claim is reopened. A reopened claim is an
					 additional claim without interim employment with a new effective date. The
					 effective date of the reopened claim will be the Sunday prior to the date in
					 which the individual attempted to file another claim.
The Agency will have the authority to deny benefits or
					 waiting period credit for any week which is not properly filed within set
					 guidelines.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-304.00 - Reporting Requirements

Current through June 25, 2024
Individuals must report to the Agency as directed. Such
					 reporting may be in person or by other methods established by the Agency.
					 Failure to report may result in a denial of benefits.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-305.00 - Eligibility for Unemployment Benefits

Current through June 25, 2024
An individual must follow the requirements in Mississippi
					 Code Annotated Section
					 71-5-511
					 to be eligible for unemployment benefits and to maintain their ongoing
					 eligibility.
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-305.01 - Registering for Work

Current through June 25, 2024
In order to receive unemployment benefits an individual
					 must be registered for work through the Agency unless they fall within one the
					 following categories of workers:
1.
				  Temporary layoff of less than four (4) weeks;
2. In Agency approved training;
3. Unemployed due to a Labor Dispute;
				  and/or
4. Individuals who have a
				  specific return to work date.
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-305.03 - Able and Available

Current through June 25, 2024
Individuals must be able to work and available for work to
					 be eligible for unemployment benefits with respect to any week. If the
					 Department finds that an individual may not be able to work and available for
					 work due to a medical condition, illness or disability, that individual will be
					 required to provide the Department certification from a physician, medical
					 facility, medical practice, physician assistant, or nurse practitioner that
					 includes the following:
1. Whether the
				  individual was advised to leave work;
2. Whether the individual is released to
				  return to their usual work, and if so, the date of release;
3. If the individual is not released to
				  return to their usual work, an explanation of their restrictions.
After the certification is received, the Department will
					 investigate to determine whether the individual is able to work and available
					 for work. If the Department finds that the individual is not able to work and
					 available for work, an appealable decision outlining the Department's decision
					 will be sent to the individual. If the individual fails to return the medical
					 certificate within time period prescribed by the Department, the Department has
					 the discretion to disallow benefits to the individual for failure to return the
					 requested information.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-306.00 - Lifting Disqualification

Current through June 25, 2024
Some disqualifications require that an individual return to
					 work and earn eight times the Weekly Benefit Amount (8XWBA) in covered
					 employment. The WBA of the benefit year in which the separation occurred must
					 be used to remove this disqualification.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-307.00 - Approved Training

Current through June 25, 2024
An individual is considered to be in approved training if
					 they are participating in training which will enhance their chances of
					 obtaining employment. Usually, the individual is referred to such training
					 through the Agency. However, if the training is self-funded, and is identical
					 to the training to which applicants are normally referred, they will be
					 considered to be in approved training.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-308.00 - Misconduct Defined

Current through June 25, 2024
A. For purposes of
				  Mississippi Code Section
				  71-5-513,
				  misconduct shall be defined as including but not limited to:
1. The failure to obey orders, rules or
				  instructions, or failure to discharge the duties for which an individual was
				  employed;
a. An individual shall be found
				  guilty of employee misconduct for the violation of an employer rule only under
				  the following conditions:
i. the employee knew
				  or should have known of the rule;
ii. the rule was lawful and reasonably
				  related to the job environment and performance; and
iii. the rule is fairly and consistently
				  enforced.
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-309.00 - Good Cause Defined

Current through June 25, 2024
If the employment conditions or circumstances leading to
					 claimants voluntary separation from employment are such that an ordinary
					 prudent employee would leave their employment, the claimant has demonstrated
					 good cause, for the purpose of Mississippi Code Annotated Section
					 71-5-513.
					 Additionally, claimant must show that after exploring alternatives to quitting,
					 and after making reasonable efforts to preserve their employment, an ordinary
					 prudent person would be compelled to voluntarily quit their
					 employment
.
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-309.01 - Domestic Violence Exception

Current through June 25, 2024
An individual is disqualified for leaving employment for
					 marital, filial, or domestic circumstances. However, the claim may be allowed
					 if sufficient evidence shows that continuing in the employment would be a
					 detriment to the welfare of the claimant, or the claimants under-aged
					 dependents, due to domestic violence.
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-309.02 - Military Exception

Current through June 25, 2024
An individual is disqualified for leaving employment for
					 marital, filial, or domestic circumstances, however, leaving an employer to
					 accompany a spouse who is on active duty, and has been reassigned from one
					 military assignment to another shall be deemed to be for good cause; provided,
					 however, that a rated employers account shall not be charged for benefits paid.
					 Reimbursing employers are not entitled to an non-charge under the
					 law.
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-309.03 - Temporary Agencies

Current through June 25, 2024
The Agency will have sole discretion to determine if a
					 temporary employer or employee has met the requirements of Section
					 71-5-511(l)
					 of the Law. In making its determination, the Agency may consider the following
					 factors:
(1) the policy of the
				  temporary agency;
(2) the
				  reasonableness of the policy;
(3)
				  the actions of the temporary agency; and
(4) the actions of the temporary employee.
Upon the completion of an assignment, if the temporary
					 employee contacts the temporary employer and is given a new job assignment, the
					 Agency may examine the suitability of the new assignment under Section
					 71-5-513(A)(3)(a)
					  of the Law.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-310.00 - Refusal of Work Disqualification

Current through June 25, 2024
An individual is disqualified for the week in which the
					 failure to accept work occurred, and for not more than twelve (12) weeks
					 immediately following such week, as determined by the Agency according to the
					 circumstances in each case. The Agency has the discretion of issuing varying
					 lengths of disqualification. However, a disqualification for refusing an offer
					 of suitable work should not exceed the length of the available suitable
					 work.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-311.00 - New Benefit Year Requalification Provision

Current through June 25, 2024
An individual who established one (1) benefit year, and
					 received benefits, is not eligible for benefits in the second benefit year
					 unless they have returned to work and earned eight (8) times their previous
					 weekly benefit amount (WBA). These wages must be in covered employment and must
					 be earned after the effective date of the prior benefit year.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-312.00 - School Employee Designated Vacation or Holiday

Current through June 25, 2024
School employees who are off work for a designated vacation
					 period, such as Christmas holiday or spring break are subject to denial under
					 Section
					 71-5-511(k)
					 of the Law which provides for denial of benefits during a designated holiday or
					 vacation period. However, if claims are filed by school employees between
					 academic years or terms, such as summer break, they must be adjudicated under
					 Section
					 71-5-511(h)
					 of the Law.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-313.00 - Total Unemployment Definition

Current through June 25, 2024
An individual is considered totally unemployed during any
					 week in which they perform no services and in which no wages are payable to him
					 or her. They are considered part totally unemployed if wages are less than
					 their weekly benefit amount plus forty dollars ($40.00) or if they work less
					 than full time. Employment less than thirty-five (35) hours per week will not
					 be considered full time, unless industry standards are considered. Such
					 consideration will be at the discretion of the
					 Agency
.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-314.00 - Claim Week

Current through June 25, 2024
An individuals week of total or part-total unemployment
					 shall consist of a calendar week (Sunday through Saturday).
If any part of a week falls within a benefit year, the
					 entire week is considered to be in that benefit year.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-315.00 - Change of Address

Current through June 25, 2024
Each claimant or employer must notify the Agency
					 immediately of any change in their address.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-316.00 - Employers responsibility to furnish separation information

Current through June 25, 2024
Upon request of the Agency, each employer or employing unit
					 shall furnish to the Agency information concerning any worker separated from
					 their work with such employer or employing unit, including:
(1) the last day on which such worker was
				  employed;
(2) the reason for their
				  separation from work; and
(3) such
				  other matters as may be requested. Such information shall be furnished to the
				  Agency within the specified time.
It will be presumed that employers who fail to furnish such
					 information within the time required have admitted that the individual claiming
					 benefits is not subject to disqualification.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-317.00 - Employers Required to Report Labor Disputes

Current through June 25, 2024
An employer is required to notify the Agency of cases of
					 unemployment due to a strike, lockout. or other labor dispute. This may be
					 through the WIN Job Center nearest to their place of business or to the state
					 office of the Agency. The notification by employer should include the
					 circumstances surrounding the dispute, including the number of workers affected
					 and a list of workers ordinarily attached to the business or the establishment
					 where such unemployment exists.
Miss. Code Ann.
					 §§
											71-5-115
					 & 71-5-117 (Rev. 2004).
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-318.00 - Payment of Benefits to Interstate Claimants

Current through June 25, 2024
Regulations 318.01 through 318.07 shall govern the Agency
					 in its administrative cooperation with other states adopting similar
					 regulations for the payment of benefits to interstate
					 claimants.
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-318.01 - Definitions

Current through June 25, 2024
As used in this Regulation, unless the context clearly
					 requires otherwise:
(A) Interstate Benefit Payment Plan means the plan approved
					 by the Interstate Conference of Employment Security Agencies under which
					 benefits shall be payable to unemployed individuals absent from the state (or
					 states) in which benefit credits have been accumulated.
(B) Interstate claimant means an individual who claims
					 benefits under the unemployment insurance law of one or more liable states,
					 through the facilities of an agent state. The term "interstate claimant" shall
					 not include any individual who customarily commutes from a residence in an
					 agent state to work in a liable state unless the Agency finds that this
					 exclusion would create undue hardship on such claimant in specified
					 areas.
(C) State includes the District of Columbia, Puerto Rico,
					 and the Virgin Islands.
(D) Agent State means any state in which an individual
					 files a claim for benefits from another state.
(E) Liable State means any state against which an
					 individual files a claim for benefits through another state.
(F) Benefits mean the compensation payable to an
					 individual, with respect to their unemployment under the unemployment insurance
					 law of any state.
(G) Week of Unemployment includes any week of unemployment
					 as defined in the Law of the liable state from which benefits with respect to
					 such week are claimed.
Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 300 - BENEFIT REGULATIONS › Section 20-101-300-318.02 - Registration for work

Current through June 25, 2024
(A) Each interstate
				  claimant shall be registered for work, through any public employment office in
				  the agent state as required by the Law, regulations, and procedures of the
				  agent state. Such registration shall be accepted as meeting the registration
				  requirements of the liable state provided Mississippi is the liable state and
				  such requirements are not contrary to the provisions of the Mississippi
				  Employment Security Law.
(B) Each
				  agent state shall duly report to the liable state, whether each interstate
				  claimant meets the registration requirements of the agent state.