reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0200 - INTERSTATE CLAIMS › Section 24B .0201 - REGISTRATION FOR WORK

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agent state
				  shall register each claimant for work:
(1) who
				  files through the agent state for work; or
(2) upon notification of a claim filed
				  directly with the liable state, as required by the law, regulations, and
				  procedures of the agent state.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0200 - INTERSTATE CLAIMS › Section 24B .0202 - BENEFIT RIGHTS OF INTERSTATE CLAIMANTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a
				  claimant files a claim against any state, and it is determined by the state
				  that the claimant has benefit wage credits available in the state, then claims
				  shall be filed only against the state as long as benefit wage credits are
				  available in that state. Once benefit wage credits become unavailable in that
				  state, the claimant shall file claims against any other state where benefit
				  wage credits are available.
(b) For
				  the purposes of this Section, benefit wage credits shall be deemed to be
				  unavailable from another state:
(1) whenever
				  benefits have been exhausted, terminated, or postponed for an indefinite
				  period, or the entire period in which benefits would otherwise be payable;
				  or
(2) whenever benefits are
				  affected by the applications of a seasonal restriction.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0200 - INTERSTATE CLAIMS › Section 24B .0203 - CLAIMS FOR BENEFITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Claims for
				  benefits or waiting-period credit filed by an interstate claimant directly with
				  the liable state shall be filed according to the liable state's procedures. Any
				  adjustments required to fit the type of week used by the liable state shall be
				  made by the liable state based on consecutive claims filed.
(b) Claims shall be filed according to the
				  agent state's regulations for intrastate claims in the same manner as provided
				  in Rule .0101 of this Subchapter.
(1) With
				  respect to claims for weeks of unemployment during which a claimant was not
				  working for his regular employer, the liable state shall accept a continued
				  claim that is filed up to one week or one reporting period late under
				  circumstances that it considers good cause. If a claimant files more than one
				  reporting period late, the filing shall open an additional claim, and no
				  continued claim for a past period shall be accepted.
(2) With respect to weeks of unemployment
				  during which a claimant is attached to his regular employer, the liable state
				  shall accept any claim filed within the time applicable to claims under the law
				  of the agent state.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0200 - INTERSTATE CLAIMS › Section 24B .0204 - DETERMINATION OF CLAIMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In connection
				  with each claim filed by an interstate claimant, the agent state shall compile
				  and report the facts relating to the claimant's availability for work and
				  eligibility for benefits to the liable state.
(b) The agent state's responsibility and
				  authority in determination of interstate claims shall be limited to
				  investigation and reporting of relevant facts, including facts pertaining to
				  each claimant's registration for work or reporting for re-employment assistance
				  as required by the agent state.
Authority
					 G.S.
					 96-4;
					 96-15;
					 20 CFR
					 616;
Eff. July 1,
					 2015.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0200 - INTERSTATE CLAIMS › Section 24B .0205 - APPELLATE PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agent state
				  shall cooperate in taking evidence and holding hearings in interstate benefit
				  claims appeals.
(b) The agent state
				  shall conduct appeal hearings in disputed cases and determine timeliness using
				  the liable
state's laws, regulations, or policies and practices. In
					 interstate appeals where North Carolina is the liable state, timeliness of the
					 appeal shall be determined by provisions of the Employment Security Law,
					 04 NCAC
					 24A .0106, and any DES decisions applicable
					 to intrastate appeals.
(c)
				  The agent state shall conduct the hearings on appealed interstate benefit
				  claims.
Authority
					 G.S.
					 96-4;
					 20 CFR
					 616;
Eff. July 1,
					 2015.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0200 - INTERSTATE CLAIMS › Section 24B .0206 - CANADIAN CLAIMS

Current through Register Vol. 39, No. 2, July 15, 2024
The provisions of this Section apply to all Canadian
					 claims.
Authority
					 G.S.
					 96-4;
Eff. July 1,
					 2015.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0200 - INTERSTATE CLAIMS › Section 24B .0207 - NOTIFICATION OF INTERSTATE CLAIM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The liable
				  state shall notify the agent state of each initial claim, reopened claim file,
				  claim transferred to interstate status, and each weekly claim filed from the
				  agent state.
(b) Notice shall be
				  provided using the Interstate Benefit Payment Plan uniform procedures and
				  record format promulgated as written guidance by the USDOL.
(c) This Rule incorporates the United States
				  Department of Labor's Interstate Benefit Payment Plan, Interstate Agreements,
				  ET Handbook No. 392 app. B (2d ed. 1997) by reference and includes subsequent
				  amendments and editions of the referenced material in accordance with
				  G.S.
				  150B-21.6. Copies of the incorporated
				  material found in the Interstate Benefit Payment Plan are located at 700 Wade
				  Avenue, in Raleigh, North Carolina 27605, and may be obtained by request at no
				  cost to the public by contacting DES as specified under
				  04 NCAC
				  24A .0201.
Authority
					 G.S.
					 96-4;
					 20 CFR
					 616;
Eff. July 1,
					 2015.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0300 - WORK SEARCH REQUIREMENTS › Section 24B .0301 - REQUIREMENTS FOR CLAIMANTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every
				  claimant shall register for work at www.NCWorks.gov or a public employment
				  office in the state in which you reside, actively seek work, are available for
				  work, and will accept suitable work unless specifically exempted by
				  G.S.
				  96-14.9 or federal law.
(b) Each claimant shall make the minimum
				  number of weekly work search contacts required by
				  G.S.
				  96-14.9(e)(3).
(1) Each claimant shall maintain weekly work
				  search contact records as required by
				  G.S.
				  96-14.9(e)(4).
(2) Each claimant who receives his or her
				  first unemployment benefit payment on or after March 1, 2014 shall have a
				  mandatory in-person Employability Assessment Interview (EAI) with a workforce
				  specialist at a local DWS office as a condition of continued eligibility for
				  receipt of unemployment insurance benefits. Claimants excepted from this
				  requirement are: Reemployment Eligibility Assessment (REA); those enrolled in
				  and attending a Workforce Investment Act (WIA) program; attached claims; and
				  longshoremen.
(A) The EAI shall be scheduled
				  within four weeks of the first benefit payment to a claimant.
(B) Each claimant reporting for EAI shall be
				  required to present a valid form of identification to DWS or their designee to
				  establish their availability for work as required under
				  G.S.
				  96-14.9. Valid identification shall be
				  identification issued at the state or federal level and acceptable for
				  Employment Verification (I-9) purposes, and includes the following:
(i) driver's license;
(ii) military identification;
(iii) United States Passport;
(iv) passport card;
(v) trusted traveler cards such as the NEXUS
				  SENTRI and FAST CARDS issued by the U.S. Department of Homeland
				  Security;
(vi) Permanent Resident
				  Card (green card); and
(vii) Native
				  American tribal identification card.
(C) DWS shall notify each claimant receiving
				  an initial EAI of the date, time, and location by mail, at least 14 days in
				  advance of the EAI.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0300 - WORK SEARCH REQUIREMENTS › Section 24B .0302 - RECORD OF WORK AND WAGES OF CLAIMANTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  claimant who has registered for work and filed a claim for unemployment
				  insurance benefits shall keep a record of any work performed during any day
				  within a benefit period. Each claimant shall record all work performed,
				  regardless of whether the work constitutes employment as defined in
				  G.S.
				  96-1(12).
(b) The record of work shall include the:
(1) name and address of each individual or
				  entity for whom the claimant worked;
(2) total remuneration earned; and
(3) the number of hours worked during the
				  benefit period.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0400 - ADJUDICATION › Section 24B .0401 - DETERMINATION BY ADJUDICATOR

Current through Register Vol. 39, No. 2, July 15, 2024
Each adjudicator shall render a written determination
					 resolving any issues related to the claim or protest under
					 G.S.
					 96-15, which shall include:
(1) each issue or question
				  involved;
(2) the docket or issue
				  identification number of the case;
(3) the resolution of each issue;
(4) the citation of the provision of law
				  applied to reach the resolution of each issue or question;
(5) the parties' rights to file an appeal of
				  the determination;
(6) the
				  statutory time period under
				  G.S.
				  96-15(b)(2) within which an
				  appeal may be filed;
(7)
				  instructions for requesting an in-person hearing;
(8) information on filing an appeal of the
				  determination as set forth in
				  04 NCAC
				  24A .0104(b); and
(9) notice that claims filed on or after June
				  30, 2013 are subject to repayment of overpayments, including those resulting
				  from any decision that is later reversed on appeal.
Authority
					 G.S.
					 96-4;
					 96-15;
					 20 CFR
					 602;
Eff. July 1,
					 2015;
Amended Eff. July 1, 2018.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0400 - ADJUDICATION › Section 24B .0402 - REQUEST FOR SEPARATION INFORMATION FROM EMPLOYER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) DES shall
				  provide requests for information regarding a claimant's separation or status to
				  the employer's last known mailing address or email address as reflected in
				  DES's official records. Requests shall be provided to the employer's mailing
				  address when responding to the request by SCUBI, and to the email address when
				  responding to the requests by SIDES.
(b) Employers shall electronically submit
				  separation information and information regarding a claimant's employment status
				  consistent with
				  G.S.
				  96-15(b)(2) by SCUBI at
				  www.des.nc.gov or by SIDES.
(1) DES shall
				  provide employers using SCUBI with written instructions for submitting
				  responses by SCUBI with the request for information.
(2) SIDES participants who elect to receive
				  communications from SIDES shall receive written instructions for submitting
				  responses to the request for information by email or proprietary SIDES
				  interface software.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0500 - LABOR DISPUTES › Section 24B .0501 - NOTICE TO EMPLOYER OF LABOR DISPUTE CLAIM

Current through Register Vol. 39, No. 2, July 15, 2024
When a claimant files a claim for benefits that allegedly
					 involves unemployment due to a labor dispute, DES shall notify the employer of
					 the claim filed within 30 days of receipt.
Authority
					 G.S.
					 96-4;
					 96-15;
Eff. July 1,
					 2015.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0500 - LABOR DISPUTES › Section 24B .0502 - EMPLOYER RESPONSE REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Within
				  five days of receiving notice that a claim was filed involving unemployment due
				  to a labor dispute, the employer shall provide the UI Director or designee,
				  with a list containing:
(1) the names of all
				  affected employees;
(2) the
				  complete mailing addresses, including zip codes of all affected employees;
				  and
(3) the social security numbers
				  of all affected employees.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0500 - LABOR DISPUTES › Section 24B .0503 - DETERMINATION OF LABOR DISPUTE AND REFERRAL FOR HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  If an issue of unemployment due to a labor dispute exists, the Chief Counsel
				  shall refer the matter in writing to DES's Board of Review or designee for
				  hearing.
(b) Hearings involving the
				  issue of unemployment due to a labor dispute shall be heard upon order of the
				  Board of Review or designee and conducted pursuant to
				  04 NCAC
				  24F .0303.
Authority
					 G.S.
					 96-4;
					 96-14.7;
					 96-15;
Eff. July 1,
					 2015;
Amended Eff. July 1, 2018.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0500 - LABOR DISPUTES › Section 24B .0504 - ISSUES

Current through Register Vol. 39, No. 2, July 15, 2024
The issues to be decided in labor dispute hearings may
					 include the following:
(1) whether a
				  labor dispute existed, and if so, identification of the beginning and ending
				  dates of the labor dispute, or whether the dispute is ongoing;
(2) the reasons for the labor
				  dispute;
(3) whether any individual
				  is disqualified to receive benefits as provided in
				  G.S.
				  96-14.7(b); and
(4) any other issue ordered by DES's Board of
				  Review or designee, which shall be provided to each party in writing.
Authority
					 G.S.
					 96-4;
					 96-14.7;
					 96-15;
Eff. July 1,
					 2015.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0600 - UNEMPLOYMENT INSURANCE BENEFIT OVERPAYMENTS › Section 24B .0601 - NOTICE REQUIREMENT FOR OVERPAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  determination by DES finding an overpayment of benefits to a claimant shall
				  contain:
(1) the date the determination was
				  mailed or sent to the claimant by electronic transmission;
(2) reasons for the overpayment;
(3) the statutory authority under
				  G.S.
				  96-18(g)(3) for seeking
				  repayment of the overpayment;
(4)
				  notice that the claimant may protest the overpayment determination and
				  instructions on how to protest the overpayment determination as provided in
				  04 NCAC
				  24A .0104(c) or (d);
				  and
(5) notice that the claimant
				  may file a request for waiver of the overpayment in the same manner as provided
				  in 04
				  NCAC 24A .0104(g).
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0600 - UNEMPLOYMENT INSURANCE BENEFIT OVERPAYMENTS › Section 24B .0602 - BILL FOR REPAYMENT OF OVERPAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a
				  claimant does not protest an overpayment determination within 30 days, the
				  determination of overpayment shall become final. DES shall mail a bill to the
				  claimant for the amount of the overpayment owed after a final determination or
				  decision.
(b) The first bill shall
				  contain:
(1) the total amount of the
				  overpayment; and
(2) notice that
				  repayment of an overpayment determined to be fraudulent shall not be
				  waived.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0600 - UNEMPLOYMENT INSURANCE BENEFIT OVERPAYMENTS › Section 24B .0603 - WAGE AUDIT NOTICE FOR EMPLOYERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) DES
				  shall mail a Wage Audit Notice to an employer requesting information for
				  investigating a potential claimant overpayment whenever a discrepancy or
				  question to that claimant's eligibility for unemployment benefits exists. The
				  Wage Audit Notice shall:
(1) identify the
				  claimant whose weekly earnings information is sought;
(2) request the employer provide weekly
				  earnings information during the specified time period; and
(3) any other information necessary to
				  investigate the claimant's overpayment status.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0700 - REQUEST FOR WAIVER OF OVERPAYMENT › Section 24B .0701 - WAIVER OF REPAYMENT OF NONFRAUDULENT OVERPAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Claimants may petition DES for a waiver of non-fraud unemployment insurance
				  overpayments as provided in Rule .0601 of this Subchapter.
(b) A request for waiver of overpayment shall
				  be accompanied by all evidence or documents that the claimant wishes DES to
				  consider in deciding whether to grant the waiver and a written explanation of
				  the basis of the waiver request.
(c) DES shall not consider any petition for
				  waiver of overpayment while an appeal of the overpayment is pending.
Authority
					 G.S.
					 96-4;
					 96-15;
					 96-18;
Eff. July 1,
					 2015.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0700 - REQUEST FOR WAIVER OF OVERPAYMENT › Section 24B .0702 - WAIVER OF REPAYMENT OF FRAUDULENT OVERPAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
DES shall not waive repayment of overpayment of any State
					 or federal unemployment insurance benefits caused by a claimant's fraud as
					 defined under
					 G.S.
					 96-18.
Authority
					 G.S.
					 96-4;
					 96-18;
Eff. July 1,
					 2015.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0700 - REQUEST FOR WAIVER OF OVERPAYMENT › Section 24B .0703 - DECISION AND CONSIDERATION OF WAIVER PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Assistant Secretary or designee shall consider the degree of the claimant's
				  fault in creating the overpayment and any other matters tending to show that
				  collection of the overpayment would be against equity and good conscience.
				  Except as provided in Rule .0704 of this Section, a claimant's present economic
				  circumstances or present ability to repay is not relevant to whether a waiver
				  request should be granted.
(b) The
				  Assistant Secretary or designee shall render a written decision on the waiver
				  request.
Authority
					 G.S.
					 96-4;
					 96-18;
Eff. July 1,
					 2015.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0700 - REQUEST FOR WAIVER OF OVERPAYMENT › Section 24B .0704 - FACTORS IN DETERMINING EQUITY AND GOOD CONSCIENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) DES
				  shall consider the following factors:
(1)
				  whether the overpayment resulted from a decision on appeal and whether there
				  was notice to the claimant that the case had been appealed;
(2) whether there has been an affirmative
				  finding under Subparagraph (a)(1) of this Rule regarding the claimant and the
				  overpayment; and
(3) whether
				  recovery of the overpayment would cause extraordinary and lasting financial
				  hardship to the claimant resulting in the claimant's loss of or inability to
				  obtain minimal necessities of food, medicine, and shelter; and whether the
				  financial hardship as described may be expected to last for the foreseeable
				  future.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0700 - REQUEST FOR WAIVER OF OVERPAYMENT › Section 24B .0705 - FACTORS IN DETERMINING FAULT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  determining whether fault exists in any overpayment of state or federal
				  compensation, the following factors shall be considered:
(1) whether the claimant made or caused
				  another to make a material statement or representation in connection with the
				  application for federal compensation that resulted in the overpayment, and
				  whether the claimant knew or should have known that the statement or
				  representation was inaccurate;
(2)
				  whether the claimant failed or caused another to fail to disclose or omit a
				  material fact in connection with an application for the compensation that
				  resulted in the overpayment, and whether the claimant knew or should have known
				  that the fact was material;
(3)
				  whether the claimant knew or could have been expected to know that he or she
				  was not entitled to the compensation payment; and
(4) whether there was a determination that
				  the overpayment was the result of fraud as defined under
				  G.S.
				  96-18.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0800 - INTERSTATE OVERPAYMENT RECOVERY › Section 24B .0801 - DUTIES OF THE REQUESTING STATE

Current through Register Vol. 39, No. 2, July 15, 2024
The requesting state shall:
(1) send the recovering state a request for
				  overpayment recovery assistance that shall include:
(a) certification that the overpayment is
				  collectible under the requesting state's law;
(b) certification that the determination is
				  final and that any rights to postpone recoupment of the benefits are exhausted
				  or have expired;
(c) a statement of
				  whether the state is participating in a cross-program offset by agreement with
				  the U.S. Secretary of Labor; and
(d) a copy of the initial overpayment
				  determination and a statement of the outstanding balance;
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0800 - INTERSTATE OVERPAYMENT RECOVERY › Section 24B .0802 - DUTIES OF RECOVERING STATE

Current through Register Vol. 39, No. 2, July 15, 2024
In recovering state or federal benefit overpayments, the
					 recovering state shall:
(1) issue an
				  overpayment recovery determination to the claimant that shall include the
				  following:
(a) statutory authority for the
				  offset;
(b) identity of the state
				  requesting recoupment;
(c) date of
				  the original overpayment determination;
(d) type of overpayment, such as fraud or
				  non-fraud;
(e) program
				  type;
(f) total amount of offset;
				  and
(g) amount to be offset
				  weekly;
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0800 - INTERSTATE OVERPAYMENT RECOVERY › Section 24B .0803 - DUTIES OF PAYING STATE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In recovering
				  outstanding overpayments in the transferring state, the paying state shall:
(1) offset any outstanding overpayment it
				  receives from a transferring state prior to honoring any request from any other
				  Interstate Reciprocal Overpayment Recovery Arrangement (IRORA) participating
				  state; and
(2) credit deductions
				  against the benefits paid statement, or forward a check to the transferring
				  state as described Rule .0802 of this Section.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0800 - INTERSTATE OVERPAYMENT RECOVERY › Section 24B .0804 - WITHDRAWALS OF COMBINED WAGE CLAIMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Withdrawal
				  of a combined wage claim after benefits have been paid shall only be permitted
				  where the combined wage claimant has repaid benefits overpaid, or authorizes
				  the new liable state to offset the overpayment.
(1) The paying state shall issue an
				  overpayment determination and forward a copy, together with an overpayment
				  recovery request and an authorization to offset, with the initial claim to the
				  new liable state.
(2) The
				  recovering state, which is the new liable state, shall:
(A) offset the total amount of any
				  overpayment resulting from withdrawal of a combined wage claim before releasing
				  any payments to the claimant;
(B)
				  offset the total amount of any overpayment resulting from withdrawal of a
				  combined wage claim before honoring a request from any other participating
				  state under IRORA;
(C) provide the
				  claimant with written notice for the amount offset; and
(D) prepare and forward a check representing
				  the amount recovered to the requesting state as described Rule .0802(a) of this
				  Section.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0900 - SETOFF DEBT COLLECTION ACT › Section 24B .0901 - SETOFF DEBT COLLECTION ACT NOTICE TO CLAIMANT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Consistent
				  with G.S. 105A-8, DES shall provide
				  written notice to the debtor within 10 days after receiving the debtor's
				  refund.
(b) The notice shall
				  include:
(1) the claimant's name;
(2) the type of debt;
(3) the amount of the refund received by
				  DES;
(4) the total amount of the
				  claimant's debt owed to DES;
(5)
				  the total amount of fees, as applicable;
(6) the amount of assessed penalties, as
				  applicable;
(7) a citation to the
				  legal authority that permits collection of the debt through setoff;
(8) a statement of DES's intention to apply
				  the refund against the debt;
(9) an
				  explanation that the debt is the basis for the agency's claim to the debtor's
				  refund;
(10) a statement of the
				  claimant's right to contest the debt by filing a written request for a
				  hearing;
(11) the time period and
				  procedure for requesting a hearing pursuant to
				  04 NCAC
				  24A .0104(h);
(12) a statement that failure to request a
				  hearing within the required time shall result in setoff of the debt;
(13) a statement of the claimant's right to
				  request to enter into a written repayment agreement with DES;
(14) instructions for paying the
				  debt;
(15) a mailing address where
				  payments shall be sent;
(16) the
				  date that the notice was mailed to the claimant; and
(17) a telephone number for the claimant to
				  seek information regarding the notice.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0900 - SETOFF DEBT COLLECTION ACT › Section 24B .0902 - CLAIMANT SETOFF DEBT COLLECTION ACT HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A claimant
				  debtor may file an appeal from a notice to claim his or her State income tax
				  refund pursuant to a North Carolina Department of Revenue Offset Letter in
				  accordance with
				  04 NCAC
				  24A .0104(h).
(b) Rule
				  04 NCAC
				  24A .0106 shall apply in determining
				  timeliness of an appeal.
(c)
				  Hearings pursuant to
				  G.S.
				  105A-8(b) shall be conducted
				  consistent with the procedures prescribed in
				  04 NCAC
				  24C .0209.
Authority
					 G.S.
					 96-4;
					 105A-8;
Eff. July 1,
					 2015;
Recodified from
					 04 NCAC
					 24B .0901 Eff February 1, 2018;
Amended Eff. July 1, 2018.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .1000 - TREASURY OFFSET PROGRAM › Section 24B .1001 - NOTICE TO CLAIMANT OF REFERRAL TO TOP

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Consistent with
				  31 U.S.C.
				  3716, DES shall notify the claimant by mail
				  of its intent to refer the debt to the Treasury Offset Program (TOP) at least
				  60 days before submitting the debt to TOP.
(b) The notice shall include:
(1) the claimant's name;
(2) the type of debt;
(3) the total amount of the referred
				  debt;
(4) the total amount of the
				  claimant's debt owed to DES;
(5)
				  the total amount of fees, as applicable;
(6) the amount of assessed penalties, as
				  applicable;
(7) a citation to the
				  legal authority that permits collection of the debt through TOP;
(8) a statement of DES's intention to collect
				  the debt through administrative offset;
(9) a statement that the claimant may request
				  a copy of DES's records that support the debt;
(10) a statement of the claimant's right to
				  request that DES reevaluate the debt;
(11) the time period and procedure for
				  requesting a reevaluation pursuant to
				  04 NCAC
				  24A .0104(j);
(12) a statement that failure to request a
				  reevaluation within the required time shall result in referral of the
				  debt;
(13) a statement of the
				  claimant's right to request to enter into a written repayment agreement with
				  DES;
(14) instructions for paying
				  the debt;
(15) a mailing address
				  where payments shall be sent;
(16)
				  a mailing address and facsimile number to request a reevaluation of the
				  debt;
(17) a telephone number for
				  the claimant to seek information regarding the notice; and
(18) the date that the notice was mailed to
				  the claimant.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .1000 - TREASURY OFFSET PROGRAM › Section 24B .1002 - CLAIMANT REEVALUATION OF DEBT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A claimant
				  requesting a reevaluation of his or her debt shall submit a written request to
				  DES's Benefits Integrity Unit pursuant to
				  04 NCAC
				  24A .0104(j).
(1) The written request shall explain why the
				  debt should not be referred to the Treasury Offset Program (TOP) for
				  collection.
(2) The written request
				  shall be accompanied by documents or other clear and convincing evidence that
				  shows:
(A) the identity of the individual to
				  whom the debt is assigned is incorrect; or
(B) the amount of the debt is
				  inaccurate.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .1100 - NATIONAL DIRECTORY OF NEW HIRES › Section 24B .1101 - NDNH CLAIMANT NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When DES
				  receives NDNH information that a claimant has returned to work, DES shall send
				  written notice to the claimant requesting employment and wage information. The
				  notice shall inform the claimant that:
(1) DES
				  is conducting an audit of the claimant's claim for unemployment
				  benefits;
(2) DES received
				  information that the claimant may have filed, continued to file, or received
unemployment benefits during weeks when the claimant may
					 have been employed;
(3) DES
				  shall request from the employer the actual wages earned for the weeks where the
				  claimant may have been employed while claiming or receiving unemployment
				  insurance benefits;
(4) he or she
				  shall respond to DES with the employment and wage information requested in the
				  notice within 14 days of the date that the notice was mailed or sent by
				  electronic transmission to the claimant;
(5) he or she is required to report all wages
				  earned when filing weekly certifications;
(6) an overpayment of unemployment insurance
				  benefits may exist;
(7) the
				  claimant may be required to repay any benefits determined to be
				  overpaid;
(8) working, earning
				  wages, and failing to report employment or wages may constitute fraud under
				  G.S.
				  96-18;
(9) individuals may be criminally prosecuted
				  for committing fraud; and
(10) the
				  consequences for failing to respond to DES's request for employment information
				  include suspension of benefit payments to determine eligibility.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .1100 - NATIONAL DIRECTORY OF NEW HIRES › Section 24B .1102 - NDNH EMPLOYER NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When DES
				  receives NDNH information that a claimant has returned to work, DES shall send
				  written notice to the potential employer requesting employment and wage
				  information. The notice shall:
(1) inform the
				  employer that DES is conducting an audit of the claimant's claim for
				  unemployment benefits;
(2) specify
				  the weeks for which the claimant may have been employed while claiming or
				  receiving unemployment benefits;
(3) request that the employer respond to DES
				  with the requested employment and wage information within 14 days;
(4) request that the employer certify that
				  the claimant did not work for the employer during the specified time period, or
				  provide and certify that the following information is true and correct:
(A) the month during which the claimant may
				  have been hired;
(B) the first date
				  of the claimant's employment;
(C)
				  the last date that the claimant performed work for the employer;
(D) the claimant's starting and current rate
				  of pay;
(E) the claimant's
				  employment status with the employer;
(F) the claimant's original time and pay
				  records;
(G) the manner in which
				  the employer's pay periods are structured, including the pay period ending
				  dates;
(H) the claimant's standard
				  or customary work week;
(I) the
				  total number of hours worked by the claimant for the specified weeks;
(J) the date that the claimant was paid for
				  the specified weeks;
(K) the gross
				  wages earned by the claimant for work performed in each specified week;
				  and
(L) the amount and type of any
				  other pay earned by the claimant for the specified weeks.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .1100 - NATIONAL DIRECTORY OF NEW HIRES › Section 24B .1103 - CLAIMANT RESPONSE TO REQUEST FOR EMPLOYMENT AND WAGE INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a claimant fails to respond to DES's
				  request for employment and wage information within 14 days of the date that the
				  notice was mailed or sent by electronic transmission to the claimant, DES shall
				  adjudicate an issue of eligibility for failure to report in accordance with
				  04 NCAC
				  24B .0401;
(b) If a claimant responds to DES's request
				  for employment and wage information within 14 days, DES shall review
				  information received from the claimant or employer to determine if an
				  overpayment of unemployment insurance benefits exist.
(c) DES shall issue a determination
				  consistent with
				  04 NCAC
				  24B .0601 if an overpayment exists.
Authority
					 G.S.
					 96-14.9;
					 96-15;
					 96-17;
					 96-18;
Eff. October 1,
					 2017.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .1100 - NATIONAL DIRECTORY OF NEW HIRES › Section 24B .1104 - EMPLOYER RESPONSE TO REQUEST FOR EMPLOYMENT AND WAGE INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If an employer fails to respond to DES's
				  request for employment and wage information within 14 days of the date that the
				  request was mailed or sent by electronic transmission to the employer, such
				  failure may result in DES's finding that the employer's response was untimely
				  or inadequate in accordance with
				  04 NCAC
				  24D .0300.
(b) An employer's response to DES's request
				  for employment and wage information may result in credits to, or elimination of
				  charges to the employer's account.
Authority
					 G.S.
					 96-11.3,
					 96-11.4;
					 96-17;
Eff. October 1,
					 2017.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter C - INITIAL APPEALS FROM DETERMINATION › Section .0100 - GENERAL INITIAL APPEALS INFORMATION › Section 24C .0101 - APPEAL DATE ESTABLISHED BY TESTIMONY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A party
				  shall be allowed to establish an appeal date earlier than a postal meter date,
				  or the date of a document only in the face of clear and convincing
				  evidence.
(b) When a party alleges
				  filing an appeal that DES never received, the party shall present clear and
				  convincing evidence of a timely filing, which may be corroborated by testimony
				  or physical evidence linked to the appeal in question.
(c) The Appeals Referee shall allow
				  cross-examination to establish timeliness of an appeal consistent with
				  04 NCAC
				  24A .0106.
Authority
					 G.S.
					 96-4;
					 96-15;
Eff. July 1,
					 2015.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter C - INITIAL APPEALS FROM DETERMINATION › Section .0100 - GENERAL INITIAL APPEALS INFORMATION › Section 24C .0102 - TIMELINESS EXCEPTION

Current through Register Vol. 39, No. 2, July 15, 2024
Timeliness sanctions shall be waived by the Appeals Referee
					 when DES or an agent state representative gives misleading information on
					 appeal rights to a party, if the party:
(1) establishes what he or she was told was
				  misleading and how he or she was misled, pursuant to the procedures in
				  04 NCAC
				  24C .0101;
(2) identifies, if possible, the individual
				  who misled him or her; and
(3)
				  establishes that DES did not provide the party with any written instructions
				  contrary to the misleading information with service of the decision being
				  appealed.
Authority
					 G.S.
					 96-4;
					 96-15;
Eff. July 1,
					 2015;
Amended Eff. July 1, 2018.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter C - INITIAL APPEALS FROM DETERMINATION › Section .0100 - GENERAL INITIAL APPEALS INFORMATION › Section 24C .0103 - BASE PERIOD EMPLOYER DENIED NONCHARGING

Current through Register Vol. 39, No. 2, July 15, 2024
A base period employer who was not the claimant's last
					 employer may file an appeal from a determination denying noncharging of
					 benefits to its account as provided in
					 04 NCAC
					 24A .0104(s). The claimant
					 is not a party with appeal rights in this appeal.
Authority
					 G.S.
					 96-4;
					 96-11.3;
					 96-11.4;
Eff. July 1,
					 2015;
Amended Eff. July 1, 2018.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter C - INITIAL APPEALS FROM DETERMINATION › Section .0100 - GENERAL INITIAL APPEALS INFORMATION › Section 24C .0104 - EMPLOYER PARTY TO DETERMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
An employer may file an appeal from a determination that
					 affects a claimant's entitlement to benefits if the employer is a party to the
					 determination. Only one employer shall be a party with appeal rights to a
					 proceeding.
(1) An employer named as
				  the last employer on an initial claim shall be a party to a determination
				  ruling on the merits of the claimant's separation from employment and other
				  specific issues raised by the employer regarding the claimant's entitlement to
				  benefits.
(2) An employer named as
				  the last employer on an additional or continued claim shall be a party to a
				  determination ruling on the merits of that additional or continued claim
				  regarding separation from employment or other specific issues raised by the
				  employer if the employer:
(A) was the employer
				  named as the last employer on the claimant's initial claim; or
(B) is a base period employer whose account
				  has been ruled subject to charging of benefits.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter C - INITIAL APPEALS FROM DETERMINATION › Section .0200 - INITIAL APPEALS HEARING › Section 24C .0201 - APPEARANCE BY PARTY

Current through Register Vol. 39, No. 2, July 15, 2024
An appearance by a party to an appeals hearing includes
					 offering testimony, questioning witnesses, and presenting oral arguments. A
					 submission of written documents or observation of the proceedings shall not
					 constitute an appearance.
(1) A party
				  or witness shall appear by telephone when the party participates in the
				  telephone conference call with the Appeals Referee on the date and time of the
				  hearing and participates in the proceedings.
(2) A party or witness shall appear in person
				  at the location on the date and times scheduled for the in-person hearing, and
				  participate in the proceedings.
(3)
				  An individual shall appear at an in-person/telephone hearing as provided in
				  04 NCAC
				  24C .0213 on the date and time of the hearing
				  and participate in the proceedings.
Authority
					 G.S.
					 96-4;
					 96-15;
Eff. July 1,
					 2015;
Amended Eff. July 1, 2018.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter C - INITIAL APPEALS FROM DETERMINATION › Section .0200 - INITIAL APPEALS HEARING › Section 24C .0202 - PRESENTING AND SCHEDULING APPEALED CLAIMS

Current through Register Vol. 39, No. 2, July 15, 2024
A party wishing to appeal from an adjudicator's
					 determination shall file an appeal pursuant to Rule
					 04 NCAC
					 24A
					 .0104(b).
Authority
					 G.S.
					 96-4;
					 96-15;
Eff. July 1,
					 2015;
Amended Eff. July 1, 2018.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter C - INITIAL APPEALS FROM DETERMINATION › Section .0200 - INITIAL APPEALS HEARING › Section 24C .0203 - CONTENTS OF APPEAL TO APPEALS SECTION

Current through Register Vol. 39, No. 2, July 15, 2024
A party's written appeal shall contain the
					 following:
(1) the date of the
				  appeal;
(2) the docket or issue
				  identification number of the determination being appealed;
(3) the claimant's identification
				  number;
(4) the names of the
				  claimant and employer;
(5) each
				  reason for the appeal;
(6) the name
				  of the individual filing the appeal;
(7) the official position, if any, of an
				  individual filing the appeal on behalf of the party; and
(8) a telephone number.
Authority
					 G.S.
					 96-4;
					 96-15;
Eff. July 1,
					 2015;
Amended Eff. July 1, 2018.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter C - INITIAL APPEALS FROM DETERMINATION › Section .0200 - INITIAL APPEALS HEARING › Section 24C .0204 - APPEALS HEARING NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Appeals
				  Section shall mail notice of the hearing to each party at least 14 days before
				  the hearing date.
(b) A party who
				  elects to receive correspondence and notices by electronic transmission shall
				  receive an email notification, at least 14 days before the hearing date,
				  indicating that the hearing notice is available in their SCUBI
				  account.
(c) Notice of the hearing
				  shall include:
(1) the determination
				  appealed;
(2) the appealing
				  party;
(3) the time of the
				  hearing;
(4) the date of the
				  hearing;
(5) if requested at the
				  time of filing the appeal, the physical location of an in-person
				  hearing;
(6) the telephone number
				  of each party for telephone hearings;
(7) each issue, with statutory reference, to
				  be heard and decided;
(8) the name
				  and contact information of the designated Appeals Referee;
(9) the manner by which witnesses may offer
				  evidence and participate in the hearing;
(10) each party's right to legal
				  representation;
(11) instructions
				  for requesting a rescheduling of the hearing pursuant to
				  04 NCAC
				  24C .0207;
(12) each party's right to request the
				  issuance of a subpoena for the production of records or for individuals to
				  appear and testify, as well as instructions for making these requests pursuant
				  to 04
				  NCAC 24C .0401;
(13) instructions on how to request an
				  in-person hearing;
(14)
				  instructions on how to give evidence at a hearing pursuant to
				  04 NCAC
				  24C .0209;
(15) notice that documents accompanying the
				  hearing notice are available in their SCUBI account; and
(16) instructions that if the individual's
				  telephone number is not listed or is incorrect to contact the Appeals Referee
				  prior to the scheduled start time of the hearing to provide the correct
				  telephone number pursuant to
				  04 NCAC
				  24C .0205.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter C - INITIAL APPEALS FROM DETERMINATION › Section .0200 - INITIAL APPEALS HEARING › Section 24C .0205 - TELEPHONE HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Hearings shall
				  be conducted by telephone conference call, unless a request is made for an
				  in-person hearing at the time the appeal is filed or an objection is made
				  pursuant to Rule .0206 of this Section.
(b) The Appeals Hearing Notice will list a
				  telephone number for each party. This is the telephone number the Appeals
				  Referee will call unless a different telephone number is provided in accordance
				  with this Rule.
(1) If no telephone number is
				  listed for a party, that party shall provide a telephone number directly to the
				  Appeals Referee prior to the scheduled start time of the hearing.
(2) If a party wishes to be called at a
				  telephone number other than the one listed, that party shall provide a
				  telephone number directly to the Appeals Referee prior to the scheduled start
				  time of the hearing.
(3) If a party
				  wishes to have witnesses called for participation in the hearing, that party
				  shall provide the name and telephone number for each witness directly to the
				  Appeals Referee prior to the scheduled start time of the hearing.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter C - INITIAL APPEALS FROM DETERMINATION › Section .0200 - INITIAL APPEALS HEARING › Section 24C .0206 - IN-PERSON HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A party may
				  request an in-person hearing:
(1) at the time
				  the appeal is filed; or
(2) by
				  filing a written objection to the telephone conference call to:
(A) the Appeals Section as provided for in
				  04 NCAC
				  24A .0104; or
(B) the designated Appeals Referee using the
				  contact information provided on the hearing notice.