New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 1 - Regulations of the Industrial Commissioner › Part 472 - Contributions To State Unemployment Insurance Fund › Section 472.12 - Responding to requests for information and employer relief of charges-timely and adequately requirement for responding

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A response to a notice of potential
					 charges (hereinafter referred to as a claim notice) must be received by the
					 Department of Labor within 10 calendar days of the date on the claim
					 notice.
(b) All other requests for
					 information pertaining to an unemployment insurance claim must be received by
					 the Department of Labor within the number of days specified in the written
					 (including electronic transmission) or verbal request for
					 information.
(c) The Department of
					 Labor may communicate its request for information to employers by letter;
					 electronic communication; fax; telephone; through "SIDES," the State
					 Information Data Exchange System (if agreed to by the employer); or other
					 method of communication approved by the Department of Labor.
(d) The claim notice and all other requests
					 for information referenced in subdivisions (a) and (b) of this section shall be
					 sent to the employer's address, fax number, or email address of record on file
					 with the Department of Labor, or an electronic account authorized by the
					 Department of Labor. The Department of Labor may also request information by
					 calling the employer's business telephone number. Employers must notify the
					 Department of Labor when any of the above contact information changes. Requests
					 for information sent to the employer's last known address, business telephone
					 number, fax number, email address or authorized electronic account shall be
					 deemed to have been sent to the correct address for the purposes of this
					 section.
(e) Employers may respond
					 to a claim notice and/or request for information by fax, electronic
					 communication, SIDES, U.S. Postal Service, private delivery service, telephone
					 (if the request for information required a telephone response), or other method
					 of communication approved by the Department of Labor. An employer's response to
					 the Department of Labor shall be deemed to have been received on the date
					 indicated by the date stamp placed on incoming faxes by the Department of
					 Labor's fax machine, the date stamp on paper documents, or the date the
					 electronic submission is received. If no fax or date stamp exists, the receipt
					 date will be deemed to be two days prior to the date the document is entered in
					 the department's imaging system. If the employer disputes the date a response
					 was received by the Department of Labor, the burden shall be on the employer to
					 provide proof that the response was timely. Proof may include, but is not
					 limited to, a confirmation of delivery, a stamped receipt by an agent of the
					 commissioner, or an affidavit of personal service on the commissioner or
					 his/her agent.
(f) An employer's
					 response to a request for information must contain adequate information. To be
					 considered adequate, the response must:
(1)
					 specify the reason(s) for the separation, or other issue affecting the
					 claimant's eligibility or entitlement for benefits;
(2) answer, in good faith, all questions in
					 detail; and
(3) provide all
					 relevant information and documentation for the Department of Labor to render a
					 correct determination regarding the claimant's eligibility or entitlement for
					 benefits.