reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 5 - Contributions › Part 19 - MAINTENANCE AND PRODUCTION OF WORK RECORDS › Section 240:10-5-91 - Employer's Quarterly Contribution Wage Reports

Current through Vol. 41, No. 20, July 1, 2024
(a)
Due date of report.
Each employer shall report both contributions and "wages paid" (as defined in OAC 240:10-1-2)  through the Employer Portal on the Commission Internet website, or if an exception has been granted, on paper Form OES-3, Employer's Quarterly Contribution and Wage Report, for each quarterly period in which the employer is subject to the Employment Security Act of 1980, on or before the last day of the month following the calendar quarter to be reported. However, an employing unit which has not previously qualified as an employer under the Employment Security Act of 1980 and who first qualifies as an employer during a calendar year shall file Form OES-3, Employer's Quarterly Contribution and Wage Reports, for all past periods of that calendar year on or before the due date for the quarterly report for that quarter in which such employing unit becomes an employer subject to the Employment Security Act of 1980.
(b)
Information required.
(1) All instructions furnished with the official forms must be followed.
(2) All information required on the official forms shall be given.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 5 - Contributions › Part 19 - MAINTENANCE AND PRODUCTION OF WORK RECORDS › Section 240:10-5-92 - Industrial classification statement

Current through Vol. 41, No. 20, July 1, 2024
On a periodic basis, all employers within the State of Oklahoma will be mailed an Industrial Classification Statement. Each employer is required to complete the statement by truthfully answering all questions posed in the statement and giving an accurate figure for all quantitative questions.
Added at 17 Ok Reg 1595, eff 5-25-00
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 5 - Contributions › Part 19 - MAINTENANCE AND PRODUCTION OF WORK RECORDS › Section 240:10-5-93 - Lessor employing unit reports

Current through Vol. 41, No. 20, July 1, 2024
Each lessor employing unit operating within the State of Oklahoma shall report the following information to the Oklahoma Employment Security Commission on a quarterly basis for each client lessee:
(1) Industrial Classification for the client lessee.
(2) Number of employees being leased to that client lessee.
(3) County in which the leased employees are working.
(4) Total wages paid to the employees leased to the client lessee.
Added at 17 Ok Reg 1595, eff 5-25-00
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 5 - Contributions › Part 19 - MAINTENANCE AND PRODUCTION OF WORK RECORDS › Section 240:10-5-94 - Multiple worksite reports

Current through Vol. 41, No. 20, July 1, 2024
Each multiple worksite employer shall file a multiple worksite report each quarter that will set out the following information for every worksite:
(1) Industrial classification.
(2) Number of employees employed at that worksite.
(3) Physical address of the worksite.
(4) Total wages paid employees at that worksite.
Added at 17 Ok Reg 1595, eff 5-25-00
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 5 - Contributions › Part 19 - MAINTENANCE AND PRODUCTION OF WORK RECORDS › Section 240:10-5-95 - Occupational employment statistics survey

Current through Vol. 41, No. 20, July 1, 2024
(a) Each year, the Bureau of Labor Statistics of the United States Department of Labor randomly selects a number of Oklahoma Employers to participate in Occupational Employment Statistics Survey pursuant to 29 U.S.C. §2. The Oklahoma Employment Security Commission is required to mail the survey to each randomly selected employer and collect the information once the surveys are complete. Each selected employer will be required to provide the following information on all of its employees:
(1) Occupational level employment data.
(2) Wage data.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 5 - Contributions › Part 19 - MAINTENANCE AND PRODUCTION OF WORK RECORDS › Section 240:10-5-96 - Application for Oklahoma UI Tax Account Number

Current through Vol. 41, No. 20, July 1, 2024
(a) Each employer must file an application for Oklahoma UI Tax Account Number, OES-1, in order to establish an Oklahoma UI Tax Account.
(b) All information requested in blocks 1, 2, 3, 4, and 5 of the form must be completed with all information requested including the social security number of the trustees, owners, directors, officers, partners, corporate officers or members of the entity filing the application.
(c) Blocks 6 through 17 must be truthfully filled out with all information that is applicable to the entity. The form must be signed by an owner, partner, director, officer or member of the entity in block 18 with the title of the signator and the date of signing specifically stated.
(d) If the Commission becomes aware of the existence of an employer that has failed or refused to file a form OES-1, the Commission may file the form on behalf of the employer using any information the Commission has available to it.
Amended at 28 Ok Reg 1055, eff 6-15-11
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 5 - Contributions › Part 19 - MAINTENANCE AND PRODUCTION OF WORK RECORDS › Section 240:10-5-97 - Professional Employer Organization - quarterly client list report

Current through Vol. 41, No. 20, July 1, 2024
Within thirty days after the end of each calendar quarter, each Professional Employer Organization is required to file a report listing all of its clients in the last quarter. The report shall be submitted on an Excel spreadsheet. It must contain the name and account number of the Professional Employer Organization and its registration license number issued by the Oklahoma Insurance Department. For each client listed, a PEO shall state the client's federal employer identification number, its name, and its address.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 5 - Contributions › Part 21 - RECIPROCAL ARRANGEMENT › Section 240:10-5-100 - Employer elections to cover interstate workers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Arrangement.
This Section shall govern the Commission in its administrative cooperation with other states subscribing to the Interstate Reciprocal Coverage Arrangement, hereinafter referred to as "the arrangement."
(b)
Definitions.
The following words and terms, when used in this Section, shall have the following meaning unless the context clearly indicates otherwise:
"Agency"
means any officer, board, commission or other authority charged with the administration of the unemployment compensation law of a participating jurisdiction.
"Interested jurisdiction"
means any participating jurisdiction to which an election submitted under this Rule is sent for its approval; and "interested agency" means the agency of such jurisdiction.
"Jurisdiction"
means any state of the United States, the District of Columbia, or, with respect to the Federal Government, the coverage of any Federal unemployment compensation law.
"Participating jurisdiction"
means a jurisdiction whose administrative agency has subscribed to the arrangement and whose adherence thereto has not terminated.
"Services customarily performed"
by an individual in more than one jurisdiction means services performed in more than one jurisdiction during a reasonable period, if the nature of the service gives reasonable assurance that they will continue to be performed in more than one jurisdiction or if such services are required or expected to be performed in more than one jurisdiction under the election.
(c)
Submission and approval of coverage elections under the interstate reciprocal coverage arrangement.
(1)
Application.
Any employing unit may file an election on Form RC-1, to cover under the law of a single participating jurisdiction all of the services performed for him/her by any individual who customarily works for him/her in more than one participating jurisdiction. Such an election may be filed, with respect to an individual, with any participating jurisdiction in which:
(A) any part of the individual's services are performed;
(B) the individual has his/her residence; or
(C) the employing unit maintains a place of business to which the individual's services bear a reasonable relation.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 7 - Administration › Part 1 - GENERAL PROVISIONS › Section 240:10-7-1 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 15 Ok Reg 1496, eff 5-11-98
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 7 - Administration › Part 5 - BOARD OF REVIEW › Section 240:10-7-20 - Board of Review appeals and procedure [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 15 Ok Reg 1496, eff 5-11-98
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 9 - Penalties and Representation › Part 3 - PENALTIES › Section 240:10-9-10 - Willful violation of Act

Current through Vol. 41, No. 20, July 1, 2024
The term
willfully violate
[40:5-103] is clarified with respect to the following: "willful" shall mean a willful determination not to perform a known duty, or a reckless disregard of the performance of a known duty. It shall include the conscious and intentional omission of the care proper under the circumstances.
Added at 8 Ok Reg 2301, eff 6-13-91
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 1 - GENERAL PROVISIONS › Section 240:10-11-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter establishes procedures for the Assessment Board to hear and issue decisions in the following cases:
(1) Assessments of contributions or reimbursement payments;
(2) Contribution rate notices;
(3) Successorship;
(4) Waivers of penalty or interest;
(5) Base period employer charges;
(6) Tax refund intercepts; and
(7) Workforce system audit resolutions.
Amended at 9 Ok Reg 3549, eff 7-20-92 (emergency); Amended at 10 Ok Reg 1393, eff 4-26-93; Amended at 10 Ok Reg 4191, eff 7-7-93 (emergency); Amended at 11 Ok Reg 773, eff 12-13-93 (emergency); Amended at 11 Ok Reg 3789, eff 7-11-94; Amended at 19 Ok Reg 1004, eff 5-13-02
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 1 - GENERAL PROVISIONS › Section 240:10-11-3 - Organization

Current through Vol. 41, No. 20, July 1, 2024
(a) The Director of the Appellate Division of the Oklahoma Employment Security Commission shall administer the Assessment Board. The Director shall have supervisory authority over the chief hearing officer, hearing officers, and support staff of the Assessment Board. The Director, or designee, may reschedule hearings upon notice to the parties, administratively vacate decisions for good cause, grant or deny requests for continuances, and issue subpoenas in Assessment Board cases.
(b) All hearing officers appointed to the Appeal Tribunal shall also be hearing officers for the Assessment Board.
(c) The Director of the Appellate Division of the Oklahoma Employment Security Commission may appoint a qualified Appellate Division staff member who is not designated as a hearing officer, to be a special referee to hear base period employer protests to benefit wage charges made by the Commission pursuant to 40 O.S. Section 3-106.
Amended at 9 Ok Reg 3549, eff 7-20-92 (emergency); Amended at 10 Ok Reg 1393, eff 4-26-93; Amended at 10 Ok Reg 4191, eff 7-7-93 (emergency); Amended at 11 Ok Reg 1605, eff 5-12-94; Amended at 12 Ok Reg 1375, eff 5-26-95; Amended at 14 Ok Reg 2905, eff 7-11-97; Amended at 15 Ok Reg 1496, eff 5-11-98; Amended at 24 Ok Reg 1233, eff 5-25-07
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 1 - GENERAL PROVISIONS › Section 240:10-11-4 - Quorum [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 9 Ok Reg 3549, eff 7-20-92 (emergency); Revoked at 10 Ok Reg 1393, eff 4-26-93
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 1 - GENERAL PROVISIONS › Section 240:10-11-5 - Jurisdiction

Current through Vol. 41, No. 20, July 1, 2024
(a) The Assessment Board shall have jurisdiction to hear the following types of cases:
(1) Hearings concerning employer liability for unemployment contributions, pursuant to 40 O.S. Sections 1-208 and 1-210.
(2) Hearings concerning whether a worker is an independent contractor or an employee, pursuant to 40 O.S. Section 1-210(14).
(3) Hearings concerning any provision contained in Article III of the Employment Security Act of 1980, 40 O.S. Sections 3-101, et seq.
(4) Hearings concerning the intercept of state tax refunds through the Oklahoma Tax Commission, pursuant to 68 O.S. Section 205.2(B).
(5) Hearings concerning a protest made by a debtor through the procedures of the Treasury Offset Program pursuant to 26 USCA Section 6402.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 1 - GENERAL PROVISIONS › Section 240:10-11-6 - Address of Board

Current through Vol. 41, No. 20, July 1, 2024
(a) The Assessment Board is located at 2401 N. Lincoln Blvd., 4th Floor, Oklahoma City, Oklahoma 73152. The telephone number of the Assessment Board is (405) 601-3311. The telefax number of the Assessment Board is (405) 601-3337.
(b) All instruments or correspondence pertaining to a protest before the Board shall be sent to: Assessment Board, P. O. Box 53345, Oklahoma City, Oklahoma 73152-3345.
Amended at 9 Ok Reg 3550, eff 7-20-92 (emergency); Amended at 10 Ok Reg 1393, eff 4-26-93; Amended at 12 Ok Reg 1375, eff 5-26-95; Amended at 14 Ok Reg 2909, eff 7-11-97; Amended at 15 Ok Reg 1496, eff 5-11-98; Amended at 25 Ok Reg 1623, eff 6-12-08; Amended at 26 Ok Reg 1030, eff 5-25-09
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 1 - GENERAL PROVISIONS › Section 240:10-11-7 - Address of Appellant

Current through Vol. 41, No. 20, July 1, 2024
(a) It shall be the responsibility of each party to an appeal to notify the Assessment Board, in writing, of any change of mailing address or e-mail address and maintain a good mailingaddress or email address for correspondence from the Assessment Board.
(b) If the party has representation, correspondence shall be mailed or e-mailedto the representative with a courtesy copy to the party. Notice shall be deemed given when mailed or e-mailed to the representative or, if no representative, to the party.
Added at 9 Ok Reg 3550, eff 7-20-92 (emergency); Added at 10 Ok Reg 1393, eff 4-26-93
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 1 - GENERAL PROVISIONS › Section 240:10-11-8 - Judicial ethics

Current through Vol. 41, No. 20, July 1, 2024
The hearing officers that conduct Assessment Board hearings shall be governed at all stages of the administrative decision making process by the canons of
The Model Code of Judicial Conduct for StateUnemployment Insurance Appeals Officers
, established by the National Association of Unemployment Insurance Appellate Boards.
Added at 17 Ok Reg 1595, eff 5-25-00; Amended at 20 Ok Reg 833, eff 5-12-03
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 3 - APPEALS TO ASSESSMENT BOARD › Section 240:10-11-11 - Filing of protests

Current through Vol. 41, No. 20, July 1, 2024
The protest shall be addressed to the Board setting forth a detailed explanation as to the reason(s) for the protest. The protest shall also include, the name of the protestant, the protestant's Oklahoma account number, or Social Security number, whichever is applicable, and any other pertinent information.
Amended at 14 Ok Reg 2905, eff 7-11-97
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 3 - APPEALS TO ASSESSMENT BOARD › Section 240:10-11-12 - Timeliness of filing - jurisdiction

Current through Vol. 41, No. 20, July 1, 2024
Each protest must be filed with the Board within the time limit set out in the determination letter which is the subject of the appeal. If the appeal is filed untimely without good cause, the determination will be final and binding, and the Assessment Board will be without jurisdiction to hear the appeal.
Added at 14 Ok Reg 2905, eff 7-11-97
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 5 - HEARINGS › Section 240:10-11-20 - Notice of hearings

Current through Vol. 41, No. 20, July 1, 2024
The initial notice of hearing with regard to any case shall be mailed by the Assessment Board to all interested parties , or e-mailed to all interested parties that have elected to be notified by electronic means, no fewer than 10 days prior to the scheduled hearing, unless all interested parties waive their right to the 10 day notice. Notice of any subsequent hearings with regard to the same case may be given on the record, or by any other means reasonably calculated to provide reasonable notice of the hearing at any time before the hearing is to take place.
Amended at 28 Ok Reg 1055, eff 6-15-11
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 5 - HEARINGS › Section 240:10-11-21 - Continuances and rescheduled hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) Requests for continuances prior to the hearing will only be granted for good cause by the Director, chief hearing officer, or designee. The request must:
(1) be in writing and received by the Assessment Board four (4) days prior to the date of the scheduled hearing, and;
(2) provide a detailed explanation for the reasons for such a request.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 5 - HEARINGS › Section 240:10-11-22 - Conduct of hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Rules of evidence.
All hearings shall be conducted in accordance with 75 O.S. §
										310, except where OESC Rules or the Employment Security Act of 1980 provides for an alternative procedure, in which case the provisions of OESC Rules or the Employment Security Act of 1980 shall prevail.
(b)
Record of hearings.
All testimony shall be electronically recorded and the Board shall retain originals of all exhibits entered into evidence for as long as required by law.
(c)
Representation.
All protestants have the right to be represented by an attorney or other representative of his/her choice.
(d) Parties submitting audio, video or electronic images as evidence must do so in a standard format and must provide copies to the Assessment Board. The evidence must be provided in a manner that can be reviewed without special codes or software. The standard formats shall be published by the Assessment Board on the agency web site and updated periodically.
Amended at 15 Ok Reg 1496, eff 5-11-98; Amended at 27 Ok Reg 821, eff 5-1-10; Amended at 28 Ok Reg 1055, eff 6-15-11
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 5 - HEARINGS › Section 240:10-11-23 - Telephone hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) Telephone hearings will be set at the discretion of the Director or his/her designee. If a party is dissatisfied with the telephone hearing option, the party may request the Director or designee to assign the case for an in-person hearing.
(b) A request for an in-person hearing must be made five (5) days prior to the scheduled date of the telephone hearing. The request must be in writing and include the employer's name, and an explanation of the reasons for the request.
(c) Requests for in-person hearings will be considered based upon the following:
(1) Good cause shown, such as hearing impairment or language interpretation difficulties.
(2) Geographic location of the parties.
(3) Complexity of the issues.
If the director or designee agrees that the request is reasonable, the case will be rescheduled as an in-person hearing.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 5 - HEARINGS › Section 240:10-11-24 - Good cause

Current through Vol. 41, No. 20, July 1, 2024
Good cause is defined as a situation beyond the control of the parties. Situations considered beyond the control of the party may include, a disabling personal illness, death in the immediate family, jury duty, military obligations or any other circumstance that would make it impossible for a party to appear for a hearing or comply with a requirement of these rules, the Employment Security Act of 1980, or any determination or notice served on the party. Good cause will not be found if the failure to act is due to the negligence or inattentiveness of the party or the party's representative or attorney-at-law.
Added at 15 Ok Reg 1496, eff 5-11-98; Amended at 27 Ok Reg 821, eff 5-1-10
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 5 - HEARINGS › Section 240:10-11-25 - Motion to reopen after failure to appear

Current through Vol. 41, No. 20, July 1, 2024
(a) If a party does not appear for a scheduled hearing, the party may move to reopen the hearing within ten (10) days after the mailing of the Assessment Board's Order of Decision. The motion shall provide the reasons for the party's failure to appear and will become a part of the record.
(b) The Director of the Appellate Division, or a designee, shall review the Motion to Reopen the Hearing. For the purpose of ruling on the motion only, the Director or designee shall accept the facts offered in the motion as true. If the motion does not demonstrate good cause for failure to appear at the prior hearing as defined by OESC Rule 240:10-11-24, the Motion to Reopen the Hearing shall be denied. The Assessment Board shall issue a written order with appeal rights to district court.
(c) If the Director or designee finds that the motion demonstrates good cause or leaves a question as to whether good cause exists, the Chief Hearing Officer shall set the case for hearing on the issue of good cause for the non-appearance. All interested parties shall be notified of the newly scheduled hearing.
(d) After the hearing provided for subsection (c) above, if the hearing officer finds good cause as the basis for failure to appear at the previously scheduled hearing, the case will proceed to be heard on the merits.
(e) After the hearing provided for subsection (c) above, if the hearing officer does not find good cause for the party's failure to appear at the originally scheduled hearing, a decision will be rendered reinstating the original decision.
Added at 15 Ok Reg 1496, eff 5-11-98; Amended at 16 Ok Reg 1178, eff 5-13-99; Amended at 24 Ok Reg 1233, eff 5-25-07; Amended at 27 Ok Reg 821, eff 5-1-10; Amended at 28 Ok Reg 1055, eff 6-15-11
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 5 - HEARINGS › Section 240:10-11-26 - Cameras

Current through Vol. 41, No. 20, July 1, 2024
Cameras shall not be allowed in any hearing conducted by the Assessment Board.
Added at 26 Ok Reg 1030, eff 5-25-09
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 5 - HEARINGS › Section 240:10-11-27 - Documents and electronically recorded or stored information

Current through Vol. 41, No. 20, July 1, 2024
Each party to a hearing before the Assessment Board must deliver all documents and electronically recorded or stored evidence to the Assessment Board at least five (5) days before the date of hearing in order for copies to be made and delivered to the opposing party in preparation for the hearing.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 7 - WITNESSES AND SUBPOENAS › Section 240:10-11-30 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
Each party to an appeal shall be entitled to present documents and witnesses in support of the presenting party's position.
(1) If a witness will not voluntarily appear, or if documents are not voluntarily tendered to a requesting party, the party may request that a subpoena be issued to compel the witness to appear and testify or to compel the production of documents.
(2) The request shall be made in writing and the requesting party shall furnish the Clerk of the Assessment Board the name and home address of the witness. The requesting party may furnish the work address of the witness if the home address is unknown and not reasonably ascertainable. The requesting party may request a subpoena for a witness to appear at the Assessment Board hearing or at a deposition to be held prior to the hearing. For a document subpoena, the requesting party shall furnish the clerk of the Assessment Board the name or title of the person with possession of the documents, the address of that person, and a description of the documents.
(3) The request for a subpoena must be filed with the Assessment Board not less than five (5) days prior to the scheduled hearing and the requesting party must justify the need for the witness' testimony, the deposition or the documents requested.
(4) The Director or designee will review the subpoena request for approval or denial. Requests for subpoenas can be denied if:
(A) The subpoena would be unduly burdensome or oppressive to the witness or person possessing the documents requested.
(B) The subpoena requests witnesses or documents that are irrelevant to the claim for unemployment benefits.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 7 - WITNESSES AND SUBPOENAS › Section 240:10-11-31 - Witness fees and expenses

Current through Vol. 41, No. 20, July 1, 2024
A witness who is not an employee of the Commission and who is compelled by subpoena to attend a hearing shall receive a witness fee and mileage as provided for a witness in a civil proceeding in a court of this state. No mileage fee shall be paid to an individual for more than one case scheduled for the same period of time at the same location.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 11 - APPEALS TO DISTRICT COURT › Section 240:10-11-50 - Intent to appeal notice [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 15 Ok Reg 1496, eff 5-11-98
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 11 - APPEALS TO DISTRICT COURT › Section 240:10-11-51 - Petition for review

Current through Vol. 41, No. 20, July 1, 2024
The decision of the Board may be appealed to District Court by filing a petition for review with the clerk of that court
within thirty (30) days after the date of mailing of the decision
. [40:3-403]
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 11 - Assessment Board Procedure › Part 11 - APPEALS TO DISTRICT COURT › Section 240:10-11-52 - Payment of assessment or bond

Current through Vol. 41, No. 20, July 1, 2024
As a condition precedent to the right
of appeal to District Court
and as a jurisdictional prerequisite
to the District Court
to entertain such appeal
, the employer must pay all amounts owing in the employer's account after the Board's decision is rendered or post a bond with the Commission in double the amount owing. The bond shall be written by a surety company licensed to do business in the State of Oklahoma by the Oklahoma Insurance Commission. [40:3-405 and 3-406]
Amended at 18 Ok Reg 1114, eff 5-11-01
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 1 - GENERAL PROVISIONS › Section 240:10-13-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This subchapter establishes procedures to provide for a fair hearing before an impartial tribunal for all individuals appealing from determinations of the Commission or its representatives.
Amended at 15 Ok Reg 1496, eff 5-11-98
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 1 - GENERAL PROVISIONS › Section 240:10-13-3 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The Commission of the Oklahoma Employment Security Commission promulgates this Subchapter pursuant to the provisions of the Oklahoma Employment Security Act, 40 O.S., Section 2-607. Any matter or procedure not specifically dealt with by either the Oklahoma Employment Security Act or by this Subchapter will be guided by the Administrative Procedures Act.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 1 - GENERAL PROVISIONS › Section 240:10-13-4 - Organization

Current through Vol. 41, No. 20, July 1, 2024
(a)
Creation of Appeal Tribunal.
The Commission hereby establishes the Appeal Tribunal. A Director shall be appointed by the Commission to administer the duties of the Appeal Tribunal and shall be answerable to the Executive Director.
(b)
Authority of Director.
(1) The Director shall have supervisory authority over the Chief Hearing Officer, hearing officers and support staff of the Appeal Tribunal.
(2) The Director or designee may reschedule hearings upon notice to the parties, administratively vacate decisions for good cause, grant or deny request for continuance, and issue subpoenas in Appeal Tribunal cases.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 1 - GENERAL PROVISIONS › Section 240:10-13-5 - Jurisdiction

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to provisions of 40 O.S. Section 2-602, the Appeal Tribunal is empowered to decide an appeal from determinations of the Commission and/or its representatives. Pursuant to 40 O.S. Section 2-603, an appeal from a determination by the Commission must be filed within ten (10) days after the date of mailing by the Commission. Pursuant to 40 O.S. Section 2-616, an appeal from a determination of the Commission that a benefit overpayment occurred under 40 O.S. Section 2-613(1) or (2), must be filed within twenty (20) days after the date of mailing by the Commission. If not timely filed, the Appeal Tribunal is without jurisdiction, unless good cause for late filing is found by the Appeal Tribunal. Claims for exemption and any other matters relating to an income levy issued pursuant to 40 O.S. Section 2-618 may be filed at any time before the thirtieth day after the expiration date or termination of the levy.
Amended at 8 Ok Reg 2301, eff 6-13-91; Amended at 20 Ok Reg 833, eff 5-12-03; Amended at 25 Ok Reg 1623, eff 6-12-08
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 1 - GENERAL PROVISIONS › Section 240:10-13-6 - Administrative review

Current through Vol. 41, No. 20, July 1, 2024
If the Director of the Appeal Tribunal determines that an erroneous decision has been issued by a hearing officer, the Director may establish a three-member panel consisting of two (2) hearing officers and the Director to review the decision and issue a new corrected decision confirming or reversing the original decision. This shall only be accomplished during the ten (10) day appeal period or after the decision is written and prior to publishing.
Amended at 8 Ok Reg 2301, eff 6-13-91
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 1 - GENERAL PROVISIONS › Section 240:10-13-7 - Disqualification of hearing officer

Current through Vol. 41, No. 20, July 1, 2024
No hearing officer shall conduct a hearing in which he/she has any conflict of interest or bias.
(1) A challenge of conflict of interest or bias of a hearing officer may be made before the scheduled hearing with the Director or Chief Hearing Officer. The Director will decide whether or not good cause to disqualify has been shown, and if shown, will reassign the case.
(2) If a challenge for a conflict of interest or bias of a hearing officer is made during the hearing, the hearing officer shall determine whether or not to disqualify. If the challenge is sustained by the hearing officer, the case will be reassigned and rescheduled.
(3) A hearing officer may disqualify on his/her own volition with no challenge having been made if he/she feels a fair and impartial decision cannot be rendered.
(4) If a challenge is made within ten (10) days after the decision is issued, the challenge shall be considered as an appeal to the Board of Review.
Amended at 8 Ok Reg 2301, eff 6-13-91; Amended at 26 Ok Reg 1030, eff 5-25-09
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 1 - GENERAL PROVISIONS › Section 240:10-13-8 - Address of Appeal Tribunal

Current through Vol. 41, No. 20, July 1, 2024
The main office of the Appeal Tribunal is located in Oklahoma City at 2401 N. Lincoln Blvd., 4th Floor, Will Rogers Building, Oklahoma City, Oklahoma 73152, with telephone number (405) 601-3311.
(1) All instruments or correspondence pertaining to a case shall be sent to: Appeal Tribunal, P. O. Box 53345, Oklahoma City, Oklahoma 73152
(2) All instruments and correspondence shall bear the claimant's name and claim ID, if known.
(3) Copies of all documents, instruments, and correspondence mailed to the Appeal Tribunal by an interested party to a case shall be sent to the other interested parties to the same case by the Clerk of the Appeal Tribunal.
Amended at 8 Ok Reg 2301, eff 6-13-91; Amended at 14 Ok Reg 2909, eff 7-11-97; Amended at 25 Ok Reg 1623, eff 6-12-08; Amended at 26 Ok Reg 1030, eff 5-25-09
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 1 - GENERAL PROVISIONS › Section 240:10-13-9 - Judicial ethics

Current through Vol. 41, No. 20, July 1, 2024
The hearing officers that conduct Appeal Tribunal hearings shall be governed at all stages of the administrative decision making process by the canons of
The Model Code of Judicial Conduct for State Unemployment Insurance Appeals Officers
, established by the National Association of Unemployment Insurance Appellate Boards.
Added at 17 Ok Reg 1595, eff 5-25-00; Amended at 20 Ok Reg 833, eff 5-12-03
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 1 - GENERAL PROVISIONS › Section 240:10-13-10 - Case review study

Current through Vol. 41, No. 20, July 1, 2024
(a) Pursuant to 40 O.S. §
										2-406.2, the Appellate Division of the Oklahoma Employment Security Commission shall review 5% of the unemployment benefit cases the Appellate Division decides each month in which misconduct was alleged and which was not appealed to the Board of Review.
(b) The case review will be conducted by the Director of the Appellate Division or designee and two designated hearing officers.
(c) This review will not be considered a reconsideration, rehearing, or appeal of the original determination. No changes of the original order or the outcome of the case shall be made as a result of this review.
(d) The results of all case reviews shall be summarized in an annual report that will be delivered to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Chairs of the Senate Committee on Business and Commerce and the House Committee on Economic Development and Financial Services.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 3 - APPEALS TO APPEAL TRIBUNAL › Section 240:10-13-20 - Filing an appeal

Current through Vol. 41, No. 20, July 1, 2024
Appeals may be filed on-line, by electronic e-file, or by telephone through the Commission's interactive voice response system, or by speaking with one of the Commission's claim representatives, pursuant to 40 O.S. Section 1-224. A Commission representative will then forward the appeal to the Appeal Tribunal.
Amended at 15 Ok Reg 1496, eff 5-11-98 ; Amended at 21 Ok Reg 779, eff 5-1-04 ; Amended at 24 Ok Reg 1233, eff 5-25-07 ; Amended at 30 Ok Reg 484, eff 5-15-13
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 3 - APPEALS TO APPEAL TRIBUNAL › Section 240:10-13-21 - Notice of appeal

Current through Vol. 41, No. 20, July 1, 2024
All parties to an appeal will be notified that an appeal is filed. With notice that the appeal is filed, the parties shall also receive information of their rights.
Amended at 15 Ok Reg 1496, eff 5-11-98
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 3 - APPEALS TO APPEAL TRIBUNAL › Section 240:10-13-22 - Date filed

Current through Vol. 41, No. 20, July 1, 2024
(a) All instruments and correspondence mailed to the Appeal Tribunal shall be stamped with the date of receipt. Timely filing of documents shall be calculated pursuant to the provisions of 40 O.S. Section 1-224.
(b) Immediately upon receipt of the appeal document by any office of the Commission, an official date stamp shall be placed on its face.
Amended at 15 Ok Reg 1496, eff 5-11-98
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 5 - HEARINGS › Section 240:10-13-30 - Case assignment

Current through Vol. 41, No. 20, July 1, 2024
Cases are assigned by the Director or his/her designee.
Amended at 15 Ok Reg 1496, eff 5-11-98
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 5 - HEARINGS › Section 240:10-13-32 - Telephone hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) Telephone hearings will be set at the discretion of the Director or his/her designee. If a party is dissatisfied with the telephone hearing option, the party may request the Director or designee to assign the case for an in-person hearing.
(b) A request for an in-person hearing must be received by the Director five (5) days prior to the scheduled date of the telephone hearing. The request must be in writing and include the claimant's name, and an explanation of the reasons for the request.
(c) Request for in-person hearings will be considered based on the following:
(1) Good cause shown, such as hearing impairment or language interpretation difficulties.
(2) Geographic location of the parties.
(3) Complexity of the issues.
(4) Timely disposition of cases as required by federal law.
If the Director or designee agrees that the request is reasonable, the case will be rescheduled as an in-person hearing.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 5 - HEARINGS › Section 240:10-13-33 - Notice of hearing

Current through Vol. 41, No. 20, July 1, 2024
The initial notice of hearing with regard to any case shall be mailed by the Appeal Tribunal to all interested parties no fewer than 10 days prior to the scheduled hearing, unless all interested parties waive their right to the 10 day notice. Notice of any subsequent hearings with regard to the same case may be given on the record, or by any other means reasonably calculated to provide reasonable notice of the hearing at any time before the hearing is to take place.
Amended at 8 Ok Reg 2301, eff 6-13-91; Amended at 28 Ok Reg 1055, eff 6-15-11
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 5 - HEARINGS › Section 240:10-13-34 - Content

Current through Vol. 41, No. 20, July 1, 2024
The notice shall contain a statement of the issue(s) on appeal; the nature of the controversy; date, time and place of the hearing; the type of hearing and name of the hearing officer to whom the case is assigned; unless it is a pool docket, which requires three or more hearing officers, hearing large groups of varied cases; and whether the hearing is to be conducted as an in-person hearing or telephone hearing.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 5 - HEARINGS › Section 240:10-13-35 - Commission-party

Current through Vol. 41, No. 20, July 1, 2024
The Commission is a party and entitled to notice in any proceeding before the Appeal Tribunal.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 5 - HEARINGS › Section 240:10-13-36 - Change of address

Current through Vol. 41, No. 20, July 1, 2024
It shall be the responsibility of each party to an appeal to notify the Appeal Tribunal in writing of any change of address and maintain a good address for correspondence from the Appeal Tribunal.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 5 - HEARINGS › Section 240:10-13-37 - Good cause

Current through Vol. 41, No. 20, July 1, 2024
Good cause is defined as a situation beyond the control of the parties. Situations considered beyond the control of a party may include, among other factors, a disabling personal illness, death in immediate family, jury duty, or military obligations. Good cause will not be found if the failure to act is due to the negligence or inattentiveness of the party or the party's representative or attorney-at-law.
Amended at 27 Ok Reg 821, eff 5-1-10
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 5 - HEARINGS › Section 240:10-13-38 - Continuances

Current through Vol. 41, No. 20, July 1, 2024
(a) Requests for continuance prior to the hearing will only be granted for good cause by the Director or designee.
(1) The request must be in writing and received by the Director four (4) days prior to the date of the scheduled hearing.
(2) The written request must provide a detailed explanation of the reasons for such a request.
(3) Parties will be notified of a continued hearing and subsequently receive a new notice of hearing.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 13 - Appeal Tribunal Procedure › Part 5 - HEARINGS › Section 240:10-13-39 - Nonappearance

Current through Vol. 41, No. 20, July 1, 2024
(a) If the appellee fails to appear after having been duly notified of the hearing, the hearing officer will proceed with the hearing. Testimony and evidence will be received from the parties in attendance and a decision rendered.
(b) If the appellant fails to appear after having been duly notified of the hearing, the hearing officer shall review the documentation upon which the Commission based its determination. If thehearing officer's review of the documentation demonstrates that the determination is not incorrect as a matter of law and that it is supported by some evidence in the documentation, the hearing officer shall enter a default judgment or order favoring the appellee. If the hearing officer's review of the documentation demonstrates that the determination is incorrect as a matter of law or that it is wholly unsupported by evidence in the documentation, the hearing officer shall proceed with the hearing. Testimony and evidence will then be received from the parties in attendance and a decision rendered.
Amended at 24 Ok Reg 1233, eff 5-25-07