New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 300 - CLAIMS ADMINISTRATION › Section 11.3.300.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Additional claim"
means a claim application which reactivates a
				claim during an existing benefit year or other eligibility period and certifies
				to a period of employment other than self-employment which occurred subsequent
				to the date of filing the last initial, additional or reopened claim.
B.
"Agent state"
means any state
				in which an individual files a claim for benefits from another state or
				states.
C.
"Alternate base
				period"
means the last four completed quarters immediately preceding the
				first day of the claimant's benefit year.
D.
"Base period and benefit
				year"
means the base period and benefit year applicable under the
				unemployment compensation law of the paying state.
E.
"Base period"
, also called
				the
"regular base period"
, means the first four of the last five
				completed quarters as provided in Subsection A of Section
				51-1-42
				NMSA 1978 or the alternate base period.
F.
"Benefits"
means the benefits
				payable to a claimant with respect to their unemployment, under the
				unemployment compensation law of any state.
G.
"Claimant"
means an
				individual who has filed an initial claim, additional claim or reopened claim
				for unemployment benefits and this filing is within a benefit year or other
				eligibility period.
H.
"Combined-wage claimant"
means a claimant who uses wages from more
				than one state to establish monetary eligibility for benefits and who has filed
				a claim under this arrangement.
I.
"Educational or training institution or program"
means any primary
				school, secondary school or institution of higher education, public or private,
				which offers instruction, either for a fee or without charge, and which
				requires attendance and participation, either in person or online, to receive
				the instruction.
J.
"Emergency unemployment compensation"
(EUC) occurs when regular
				unemployment benefits are exhausted and extended for additional weeks.
				Unemployment extensions are created by passing new legislation at the federal
				level, often referred to as an "unemployment extension bill". This new
				legislation is introduced and passed during high or above average unemployment
				rates.
K.
"Employment"
means all services which are covered under the unemployment compensation law of
				a state, whether expressed in terms of weeks of work or otherwise.
L.
"Full-time employment"
means
				the normal full-time hours customarily scheduled and prevailing in the
				establishment in which an individual is employed, but in no event less than 32
				hours per week.
M.
"Good
				cause"
means a substantial reason, one that affords a legal excuse, a
				legally sufficient ground or reason. In determining whether good cause has been
				shown for permitting an untimely action or excusing the failure to act as
				required, the department may consider any relevant factors including, but not
				limited to, whether the party acted in the manner that a reasonably prudent
				individual would have acted under the same or similar circumstances, whether
				the party received timely notice of the need to act, whether there was
				administrative error by the department, whether there were factors outside the
				control of the party that prevented a timely action, the efforts made by the
				party to seek an extension of time by promptly notifying the department, the
				party's physical inability to take timely action, the length of time the action
				was untimely, and whether any other interested party has been prejudiced by the
				untimely action. However, good cause cannot be established to accept or permit
				an untimely action or to excuse the failure to act, as required, that was
				caused by failure to keep the department directly and promptly informed of the
				claimant's, employer's or employing unit's correct address. A written decision
				concerning the existence of good cause need not contain findings of fact on
				every relevant factor, but the basis for the decision must be apparent from the
				order.
N.
"Initial
				claim"
means a new claim application submitted by the claimant to
				establish a benefit year and to obtain a determination of weekly and maximum
				benefit amounts.
O.
"Instruction"
means all teaching or opportunity for learning
				whether of a vocational or academic nature.
P.
"Interstate benefit payment
				plan"
means the plan approved by the interstate conference of employment
				security agencies as approved by the United States secretary of labor under
				which benefits shall be payable to unemployed individuals absent from the state
				or states in which benefit credits have been accumulated.
Q.
"Interstate claimant"
means
				an individual who claims benefits under the unemployment compensation 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
				department finds that this exclusion would create undue hardship on such
				claimants in specified areas.
R.
"Last employer"
means the most recent employer or employing unit
				from which the claimant separated for reasons other than lack of work; or in
				the event that the claimant separated from the most recent employer for lack of
				work, the employer or employing unit before that from which the claimant
				separated for any reason other than lack of work, provided the claimant has not
				subsequently worked and earned wages in insured work or bona fide employment
				other than self-employment in an amount equal to or exceeding five times the
				claimant's weekly benefit amount.
S.
"Liable state"
means any
				state against which a claimant files, through another state, a claim for
				benefits.
T.
"Paying
				state"
means the state against which the claimant is filing that
				actually issues the benefit payment.
U.
"Real estate salesperson"
means an individual who is licensed by the New Mexico real estate
				commission.
V.
"Regular base
				period"
means the first four of the last five completed quarters as
				provided in Subsection A of Section
				51-1-42
				NMSA 1978.
W.
"Reopened
				claim"
means a claim application which reactivates a claim during an
				existing benefit year or other eligibility period and certifies to a continuous
				period of unemployment for which the claimant did not file timely continued
				claims and during which the claimant either remained unemployed or had a period
				of self-employment since last reporting on this claim.
X.
"State
" means the states of
				the United States of America, the District of Columbia, the Commonwealth of
				Puerto Rico and the Virgin Islands.
Y.
"Student"
means any
				individual enrolled in an educational or training institution or
				program.
Z.
"Trade
				adjustment assistance
" (TAA) is a federal program that provides a
				variety of reemployment services including training and job-searching
				assistance and benefits to displaced workers who have lost their jobs or
				suffered a reduction of hours and wages as a result of increased imports or
				shifts in production outside the United States.
AA.
"Trade readjustment
				allowances
" (TRA) are income support payments to individuals who have
				exhausted unemployment benefits and whose jobs were affected by foreign imports
				as determined by a certification of group coverage issued by the Department of
				Labor.
BB.
"Transitional
				claim"
means a claim filed to request a determination of eligibility and
				establishment of a new benefit year having an effective date within a seven-day
				period immediately following the benefit year ending date and a week for which
				compensation or waiting week credit was claimed; i.e. continuous
				certification.
CC.
"Wages"
means all compensation for services, including commissions
				and bonuses and the cash value of all compensation in any medium other than
				cash.
DD.
"Week of
				unemployment"
means any week of unemployment as defined in the law of
				the liable state from which benefits with respect to such week are
				claimed.