New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 300 - CLAIMS ADMINISTRATION › Section 11.3.300.308 - CLAIM DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Notice to employer of filing of claim: Whenever a claimant files an initial
				claim for benefits or an additional claim, the department shall immediately
				transmit to the claimant's last known employer, at the address of the employer
				as registered with the department, if so registered, and, if not registered, to
				the address provided by the claimant, a dated notice of the filing of the claim
				and a fact-finding questionnaire. The employer shall provide the department
				with full and complete information in response to the inquiry. The employer
				shall transmit a response directly to the department within 10 calendar days
				from the date the notice of claim is sent. Unless excused by the department,
				the response must be an electronic transmittal.
B. Request for additional information: Prior
				to issuance of a determination the department may request additional
				information from the employer, the claimant or witnesses relative to the
				separation of the claimant from employment. The employer shall provide the
				department full and complete information to the request for additional
				information within two business days from the transmission. Unless excused by
				the department, the response must be an electronic transmittal.
C. Initial determination: A determination on
				any claim for unemployment benefits shall be transmitted only after the
				department has evaluated the claim.
(1) If an
				employer's response is not received within 10 calendar days after the
				transmission of the notice of a claim and a non-monetary issue is not raised in
				the application for benefits, a determination shall be made upon the
				information on the application.
(2)
				The 10 day period shall begin to run on the day after the notice of claim was
				transmitted to the employer as indicated on the application. If the tenth
				calendar day falls on the weekend or on a holiday, the reply shall be timely if
				received by the department on the following business day.
(3) After the 10 day period has passed, the
				department shall immediately transmit to the parties the determination
				including the reason, and shall advise the parties of the right to appeal that
				determination pursuant to these rules.
(4) If the claimant is subsequently
				disqualified from the receipt of benefits resulting in an overpayment, the
				employer will remain liable for any benefit charges incurred to the date of
				disqualification if the employer or an agent of the employer demonstrates an
				established pattern of failing to respond timely or adequately to the notice of
				claim within the 10-day period.
(a) A pattern
				is defined as failure to respond timely or adequately to five claims, or more
				at the secretary's discretion, within a calendar year.
(b) An inadequate response is defined as the
				employer's failure to provide relevant information or documentation that was
				reasonably available at the time a response was requested by the
				department.
(5) An
				employer may appeal a determination within 15 days of the assessment of the
				penalty that the employer or agent of the employer failed to respond timely or
				adequately to the notice of claim. Upon a finding on appeal that the employer
				or an agent of the employer had good cause for failure to transmit a timely or
				adequate response, the employer will be relieved of such charges. Overturned
				determinations will not be factored into the analysis of whether a pattern
				exists.