reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 3 - Records and Inspections › Section 240:1-3-3 - Confidential records

Current through Vol. 41, No. 20, July 1, 2024
(a) Employer and unemployment insurance claimant records made confidential under Title 40 O.S., Section 4-508, may be released upon receipt of an administrative subpoena, court order or a notarized waiver of confidentiality signed by the person with the authority to waive the confidentiality of the records. No records shall be released unless the administrative subpoena, court order, or notarized waiver of confidentiality is dated within ninety days of the request for retrieval or reproduction of the requested records.
(b) The administrative subpoena, court order or wavier of confidentiality form shall be served on the Commission's legal division or the custodian of records twenty (20) days prior to the date on which the records are to be produced. The records requested shall be described as specifically as possible and the administrative subpoena, court order or waiver of confidentiality form shall set out the employer account number or social security number of the employer or claimant whose records are being requested.
(c) An employer or unemployment insurance claimant with proper identification can request a copy of his or her records at the Commission's local office or at the administrative office located in the Will Rogers Memorial Office Building in Oklahoma City.
Added at 11 Ok Reg 1599, eff 5-12-94; Amended at 12 Ok Reg 1373, eff 5-26-95; Amended at 15 Ok Reg 1495, eff 5-11-98; Amended at 16 Ok Reg 1176, eff 5-13-99; Amended at 21 Ok Reg 1028, eff 5-15-04; Amended at 24 Ok Reg 1232, eff 5-25-07
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 3 - Records and Inspections › Section 240:1-3-4 - Copies

Current through Vol. 41, No. 20, July 1, 2024
Any person wishing to obtain a copy of any record must follow the procedures in rules 240:1-3-2 or 240:1-3-3 and include a request for copies in the writing, administrative subpoena, court order or waiver of confidentiality. The document requesting the records must allow at least twenty (20) days from the date of service for production of the documents.
Added at 11 Ok Reg 1599, eff 5-12-94; Amended at 12 Ok Reg 1373, eff 5-26-95; Amended at 15 Ok Reg 1495, eff 5-11-98; Amended at 21 Ok Reg 1028, eff 5-15-04
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 3 - Records and Inspections › Section 240:1-3-5 - Copying and reproduction fees

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission shall charge for copies of records, as set out in this rule, and a search fee for staff time spent in obtaining the records, pursuant to 240:1-3-6, except no charge will be made for requests in furtherance of a claim for unemployment benefits or if disallowed by the provisions of 51 O.S. §
									24A.5.
(b) The document copying fee is twenty-five cents ($0.25) per page or One Dollar ($1.00) per page for a certified copy. This fee is to be paid prior to the release of the requested records.
(c) The reproduction fee for copying any electronic file to a CD ,DVD , flash drive, or other portable electronic storage device provided by the requester shall be Ten Dollars ($10.00) for each portable electronic storage device used.
(d) The reproduction fee for an audio recording of a hearing shall be Ten Dollars ($10.00).
Added at 11 Ok Reg 1599, eff 5-12-94; Amended at 11 Ok Reg 4331, eff 7-14-94 (emergency); Amended at 12 Ok Reg 1373, eff 5-26-95; Amended at 23 Ok Reg 884, eff 5-15-06; Amended at 24 Ok Reg 1232, eff 5-25-07
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 3 - Records and Inspections › Section 240:1-3-6 - Search fees

Current through Vol. 41, No. 20, July 1, 2024
The search fee shall be applicable to all confidential records requested for commercial purposes, unless it is determined by the Director, in his or her discretion, that the public interest is served to such an extent that no charge should be applicable. The search fee will be $10.00 for each account or claimant record requested. No search fee will be charged for the production of non-confidential records .
Added at 11 Ok Reg 1599, eff 5-12-94 ; Amended at 11 Ok Reg 4331, eff 7-14-94 (emergency) ; Amended at 12 Ok Reg 1373, eff 5-26-95 ; Amended at 23 Ok Reg 884, eff 5-15-06 ; Amended at 24 Ok Reg 1232, eff 5-25-07 ; Amended at 30 Ok Reg 483, eff 5-15-13
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 3 - Records and Inspections › Section 240:1-3-7 - Receipt of requests

Current through Vol. 41, No. 20, July 1, 2024
All requests for inspection or release of information, administrative subpoenas, court order or waivers of confidentiality shall be served upon the Legal Department of the Oklahoma Employment Security Commission or the Custodian of Records for the records requested. The Executive Director of the Oklahoma Employment Security Commission shall designate the Custodian of Records.
Added at 11 Ok Reg 1599, eff 5-12-94; Amended at 15 Ok Reg 1495, eff 5-11-98; Amended at 21 Ok Reg 1028, eff 5-15-04
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 3 - Records and Inspections › Section 240:1-3-8 - Notices to requesters

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon receipt of a request for inspection or copy of any records held by the Commission, the custodian of the record shall, within five (5) days of receipt of the request, notify the person requesting the record of one of the following:
(1) The request is granted and, if costs exceed One Hundred Fifty Dollars ($150) or the person or party requesting the copies owes the Commission in excess of that amount for copies and services already rendered, prepayment may be required.
(2) The request is denied and the reason for the denial. Such denial shall provide the statutory citation or other reasons for the denial.
(3) The request is granted, but that due to circumstances specified in the notice, the inspection of the document or the copy must be delayed. The reasons for the delay shall be specified in the notice sent by the custodian of records.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 5 - Local Project Funding [REVOKED] › Section 240:1-5-3 - Local project funding announcement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 832, eff 5-12-03
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 5 - Local Project Funding [REVOKED] › Section 240:1-5-4 - Evaluation of local project funding contract applications [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 832, eff 5-12-03
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 5 - Local Project Funding [REVOKED] › Section 240:1-5-5 - Affidavit of LPF officer [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 832, eff 5-12-03
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 5 - Local Project Funding [REVOKED] › Section 240:1-5-6 - Serial numbering of local project funding contracts [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 832, eff 5-12-03
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 5 - Local Project Funding [REVOKED] › Section 240:1-5-7 - Monitoring of local project funding contracts [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 832, eff 5-12-03
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 5 - Employment Service › Subchapter 1 - General Provisions › Section 240:5-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This chapter establishes procedures for the administration of the Employment Service in the State of Oklahoma.
Added at 17 Ok Reg 1594, eff 5-25-00
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 5 - Employment Service › Subchapter 1 - General Provisions › Section 240:5-1-3 - Registration for work

Current through Vol. 41, No. 20, July 1, 2024
Any person may register for work through the Oklahoma Employment Service by completing the Employment Service Application on the Commission's website or at a Workforce Center. Once the application form is completed and entered into Oklahoma's public labor exchange, the person shall be considered an Employment Service applicant and registered for work in Oklahoma.
Added at 29 Ok Reg 459, eff 5-15-12 ; Amended at 30 Ok Reg 484, eff 5-15-13
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 5 - Employment Service › Subchapter 3 - Internet Use › Section 240:5-3-1 - Internet user registration

Current through Vol. 41, No. 20, July 1, 2024
The Employment Service provides personal computers in each of its local offices throughout the state for the purpose of accessing the Internet. Members of the public may use this Internet access to look for employment, obtain information concerning prospective employers, prepare resumes, and any other activity associated with searching for employment. In order to utilize the personal computers for this purpose, the user must complete an Internet User Application form, which is available in each local office. If the user is under the age of 18, the user's parent or guardian must sign the Internet User Application form before Internet access will be granted.
Added at 17 Ok Reg 1594, eff 5-25-00
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 5 - Employment Service › Subchapter 3 - Internet Use › Section 240:5-3-2 - Time limit on Internet use [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg 1594, eff 5-25-00 ; Revoked at 30 Ok Reg 484, eff 5-15-13
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 5 - Employment Service › Subchapter 3 - Internet Use › Section 240:5-3-3 - Internet user prohibitions

Current through Vol. 41, No. 20, July 1, 2024
Internet users must cooperate with the staff of the Oklahoma Employment Security Commission and follow all instructions regarding the use of the Internet computers. Internet users may not do any of the following:
(1) Interfere with or disrupt network users, services, or equipment.
(2) Make any attempt to damage computer equipment or software.
(3) Make any attempt to alter software configurations.
(4) Make any attempt to cause degradation of system performance.
(5) Use any OESC work station for illegal or criminal purposes.
(6) Access pornographic or gambling sites.
(7) Violate copyright laws or software licensing agreements while using the Internet computer.
(8) Engage in any activity which is deliberately malicious, libelous or slanderous.
(9) Install or download any software.
Added at 17 Ok Reg 1594, eff 5-25-00 ; Amended at 30 Ok Reg 484, eff 5-15-13
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 5 - Employment Service › Subchapter 3 - Internet Use › Section 240:5-3-4 - Penalties for violations

Current through Vol. 41, No. 20, July 1, 2024
If an Internet user is found to have violated any of the restrictions set out in 240:5-3-3, the user will receive a warning for the first violation, a 30 day suspension for the second violation, and an indefinite suspension for the third violation.
Added at 17 Ok Reg 1594, eff 5-25-00; Amended at 21 Ok Reg 778, eff 5-1-04
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 1 - General Provisions › Section 240:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Chapter establishes procedures for:
(1) collection of unemployment taxes from employers;
(2) payment of benefits to unemployed individuals;
(3) individuals to file appeals when they are adversely affected by decisions of the Commission; and
(4) all actions necessary for the efficient operation of the OES Act [40:4-302].
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 1 - General Provisions › Section 240:10-1-3 - Time computation

Current through Vol. 41, No. 20, July 1, 2024
(a) In computing any period of time prescribed or allowed by the Employment Security Act of 1980, by these rules, or by order of a hearing officer, the day of the act, event, or default from which the designated period of time begins to run shall not be included. All intervening days falling between the beginning and end of the time period shall be counted, including Saturdays, Sundays, holidays and any day the offices of the Oklahoma Employment Security Commission are closed for part or all of the day. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday as defined by the Oklahoma Statutes , an Executive Order, or the Federal Statutes, or any other day when the offices of the Oklahoma Employment Security Commission do not remain open for public business until 4:00 p.m., in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday as defined by the Oklahoma Statutes , an Executive Order, or the Federal Statutes or any other day when the offices of the Oklahoma Employment Security Commission do not remain open for public business until 4:00 p.m.
(b) This rule shall not apply to the calculation of the time period set out in rule 240:10-3-23.
Added at 18 Ok Reg 1114, eff 5-11-01 ; Amended at 24 Ok Reg 1233, eff 5-25-07 ; Amended at 27 Ok Reg 821, eff 5-1-10 ; 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 1 - General Provisions › Section 240:10-1-4 - Electronic signatures

Current through Vol. 41, No. 20, July 1, 2024
(a) The term "electronic signature" means an electronic sound, symbol, text or process, attached to or logically associated with a document required to be filed by the Employment Security Act of 1980 or these rules, and executed or adopted by a person with the intent to sign the document.
(b) An electronic signature will have the same meaning and significance as would a handwritten signature that is affixed to an equivalent paper document. If an applicable law or rule requires a handwritten signature on a document, an electronic signature shall satisfy that requirement.
(c) The intent of a person or entity to sign a document shall be conclusively established if the signature is made on a certification page that is protected by a user ID and password. For all electronic signatures made outside of the certification page protocol, the electronic signature of the person or entity on a document will create a rebuttable presumption that the signature is valid and intended as a signature.
Added at 29 Ok Reg 459, eff 5-15-12
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 1 - General Provisions › Section 240:10-1-5 - Filing by electronic means

Current through Vol. 41, No. 20, July 1, 2024
(a) If an individual or entity files a document by electronic means, this shall constitute implied consent for the Oklahoma Employment Security Commission to notify and deliver documents to that party by the same electronic means.
(b) An individual or entity who files by electronic means shall retain the original source document in its possession or control for a period of four (4) years and during the pendency of any legal proceedings involving the document, whichever is longer. The document shall be retained in exactly the same format and content as transmitted and shall be produced upon request by the Commission, an administrative law judge or any party to the legal proceedings. Upon failure to produce the original source document when requested, the Commission or an administrative law judge may refuse to consider the document as a properly filed instrument.
(c) The Oklahoma Employment Security Commission shall not be responsible for events that disrupt or render impossible the receipt of documents transmitted electronically.
Added at 29 Ok Reg 459, eff 5-15-12
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 1 - General Provisions › Section 240:10-1-6 - Date of receipt of payments

Current through Vol. 41, No. 20, July 1, 2024
The date of the receipt of a payment of money received by the Oklahoma Employment Security Commission shall be determined as follows:
(1) Payments of money received through the mail shall be deemed to have been received as of the date shown by the postmark on the envelope properly addressed to the Commission's office and containing the payment.
(2) Payment of money received through an electronic fund transfer system shall be deemed to have been received by the Commission on the date on which the electronic payment was authorized for immediate payment to the Oklahoma Employment Security Commission.
(3) All other payments of money shall be deemed to have been received on the date on which payments are received by a representative of the Commission.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 3 - Benefits › Part 1 - GENERAL PROVISIONS › Section 240:10-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter establishes the procedures for the payment of benefits to unemployed individuals who qualify under the Employment Security Act of 1980.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 3 - Benefits › Part 1 - GENERAL PROVISIONS › Section 240:10-3-2 - Claimant's notification of change of address

Current through Vol. 41, No. 20, July 1, 2024
It is the responsibility of the claimant to keep the Commission informed of his or her current mailing address at all times relevant to the claimant's claim for benefits. If the claimant has a change of mailing address, he or she must inform the Commission of this change in writing, by telecommunication, or via the Internet.
Added at 4 Ok Reg 1419, eff 4-27-92; Amended at 19 Ok Reg 1004, eff 5-13-02; Amended at 24 Ok Reg 1233, eff 5-25-07; 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 3 - Benefits › Part 1 - GENERAL PROVISIONS › Section 240:10-3-3 - Cancellation of a benefit claim

Current through Vol. 41, No. 20, July 1, 2024
(a) After the filing of an initial claim for unemployment benefits, the claimant may cancel the claim up to the point of issuing the first unemployment benefit payment, except for claims cancelled under subparagraph (c)(1).
(b) In order to cancel a claim, the claimant shall submit a request to cancel the claim in writing to the Commission. The claimant must certify that the cancellation of the claim was not induced by duress, coercion, or the promise of the payment of money or other consideration by a third party.
(c) Claims can be cancelled for the following reasons:
(1) Where a claimant has base period wages in another state and can be awarded a higher benefit amount in the other state.
(2) Claims filed as a result of incorrect information given by a Commission representative.
(3) Claims filed when the claimant was not unemployed.
(4) When cancelling a claim is warranted to provide fundamental fairness to the claimant.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 3 - Benefits › Part 3 - COMPUTATION › Section 240:10-3-10 - Approved training

Current through Vol. 41, No. 20, July 1, 2024
(a)
Definition of approved training. "Approved training"
means any training program authorized and financed by the United States Congress and under the control of the United States Department of Labor, Employment and Training Administration, or other suitable training program approved by the Commission.
(b)
Requirements for approval of training.
Approval of an individual for training will be determined by the Commission through consideration of all of the factors set out in 40 O.S. Section 2-108. In keeping with Section 2-108, the following definitions of terms are to be followed:
(1)
"Continued attendance and satisfactory progress"
as used in 40 O.S. Section 2-108(B) shall be evidenced by continued enrollment at the training facility.
(2)
"Substantial and recurring demand"
as used in 40 O.S. Section 2-108(A) (2) means that the demand for workers in such occupation is projected to continue for the foreseeable future.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 3 - Benefits › Part 3 - COMPUTATION › Section 240:10-3-11 - Priority of deductions from unemployment insurance benefits

Current through Vol. 41, No. 20, July 1, 2024
(a) If more than one type of deduction is being made from a claimant's weekly benefit amount, the deductions will be made in the following order until all funds are exhausted:
(1) Offset of a former benefit overpayment pursuant to 40 O.S. §
											2-613;
(2) Deduction of child support obligations pursuant to 40 O.S. §§
											2-303 and 2-801;
(3) Deductions made to repay a food stamp over issuance pursuant to 40 O.S. §§
											2-303 and 2-803;
(4) Deductions made in compliance with an Internal Revenue Service tax levy issued pursuant to 26 U.S.C. §6331(h);
(5) Voluntary deduction of individual income tax withholding pursuant to 40 O.S. §
											2-305;
(6) Voluntary deduction of health insurance premiums pursuant to 40 O.S. §
											2-304; and
(7) Any other deduction allowed by law.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 3 - Benefits › Part 3 - COMPUTATION › Section 240:10-3-12 - Payment of benefits

Current through Vol. 41, No. 20, July 1, 2024
(a) All unemployment benefits payable by the Commission pursuant to the provisions of the Employment Security Act of 1980, shall be paid through the state selected vendor. The state selected vendor shall mail each claimant a debit card through which unemployment benefit payments to the claimant shall be made. The debit card shall be mailed to the address given by the claimant in the claimant's initial claim for benefits or in the latest notice of change of address. The claimant shall be responsible for the debit card and any PIN associated with the debit card.
(b) If the claimant wants to have his or her benefit payments made by direct deposit to the claimant's bank account, the claimant shall communicate this to the state selected vendor through the communication method provided by the state selected vendor. The payment option may be changed during the claimant's benefit year.
(c) If a claimant chooses to be paid by direct deposit to the claimant's bank account, the claimant must provide the state selected vendor with the following information:
(1) Claimant's bank account number
(2) Claimant's bank routing number
(3) Any other information required by the state selected vendor
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 3 - Benefits › Part 5 - ELIGIBILITY › Section 240:10-3-20 - Instructions to secure work

Current through Vol. 41, No. 20, July 1, 2024
(a)
Able and available to accept employment.
When a claimant files an initial claim for benefits, the Commission shall instruct the claimant that, in addition to registering for work in the Oklahoma labor exchange system or the system in the state in which the claimant resides, the claimant must diligently search for suitable employment.
(b)
Seek and accept work.
The Commission shall require claimants to diligently search for work in a prudent manner that would be expected to secure work using any means that are appropriate and suitable each week. A diligent work search requires that a claimant make two (2) work search efforts each week and consists of some combination of the following elements:
(1) Union members must be registered with the hiring hall or placement facility of their labor union and be a member in good standing.
(2) Participation in reemployment services offered to the claimant by the Commission or any other State Employment Service.
(3) Submit weekly job applications for work with suitable employers.
(4) Register for work, create, and upload a resume with the state's labor exchange system, job boards, placement service of any professional organization the claimant is a member of, temporary work agencies, or educational institution with job placement offices;
(5) Participate in scheduled reemployment services offered by the Oklahoma Employment Security Commission in Workforce Oklahoma Centers or complete similar online or self-service activities.
(6) Participate in employment and training services provided by partner programs in Workforce Oklahoma Centers;
(7) Participate in work-related networking events sponsored by the Oklahoma Employment Security Commission (e.g., job clubs, job fairs, industry association events, networking groups, etc.);
(8) Taking a civil service exam or examinations for work in a governmental agency;
(9) Participate in interviews with employers (virtually or in-person); or
(10) Any other work search activities prescribed by the Commission
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 3 - Benefits › Part 5 - ELIGIBILITY › Section 240:10-3-21 - Educational institutions - between academic terms

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to 40 O.S. §2-209 and  26 U.S.C.A. §
											3304(a)(6)(A), benefits based on service and employment defined in 40 O.S. §1-210(3) or (4) shall be payable on the same terms and conditions as benefits payable on the basis of other service subject to the Employment Security Act of 1980, except that individuals providing services to an educational institution shall not be paid benefits based on services to the educational institution for any week of unemployment commencing during the period between two successive academic years or terms, if the individual performs services in the first academic year or term and there is a contract or a reasonable assurance that the individual will perform services for the educational institution in the second academic year or term. A determination of the denial of benefits between an academic year or term shall be made based on the following subsections of this rule:
(1) Prerequisites. Before making a determination concerning the existence of a contract or reasonable assurance of employment in the following academic year or term, the Commission representative must find that three prerequisites exist. If any one of the three prerequisites are not met, unemployment benefits must be allowed. The three prerequisites are:
(A) An offer of employment. The offer may be written, oral or implied. The offer must be genuine and made by an individual with authority to offer the employment.
(B) The employment offered in the following academic year or term must be in the same capacity as that of the previous academic year or term.
(C) The economic conditions of the job offered in the following academic year or term may not be considerably less than the conditions present in the previous academic year or term. If the claimant is offered a salary or wage for the following academic year or term that is less than 90% of the salary or wage paid in the previous academic year or term, this shall be considered economic conditions that are considerably less from the previous to the following academic year or term.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 3 - Benefits › Part 5 - ELIGIBILITY › Section 240:10-3-22 - Filing claims for benefits

Current through Vol. 41, No. 20, July 1, 2024
Claims for unemployment insurance benefits are to be submitted by telecommunication or by internet utilizing the digital services portal to create an account to access benefits with respect to each week in accordance with such rule as the Commission may prescribe.
Amended at 15 Ok Reg 1496, eff 5-11-98 ; 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 3 - Benefits › Part 5 - ELIGIBILITY › Section 240:10-3-23 - Claims for unemployment benefits-general requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Definition.
An individual shall be defined as unemployed during a week whenever:
(1) the individual has been separated from work with his/her last regular employer and the individual has not during the week performed services in employment for any employer; or
(2) the individual has worked less than full time for some employer and earned less than his/her weekly benefit amount plus $100.00.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 3 - Benefits › Part 5 - ELIGIBILITY › Section 240:10-3-24 - Claims for partial unemployment benefits [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg 4333, eff 8-1-94 (emergency); Amended at 12 Ok Reg 1375, eff 5-26-95; Amended at 23 Ok Reg 885, eff 5-15-06; Amended at 24 Ok Reg 1233, eff 5-25-07; Revoked at 29 Ok Reg 459, eff 5-15-12
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 3 - Benefits › Part 5 - ELIGIBILITY › Section 240:10-3-25 - Payment of claim of deceased worker [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 30 Ok Reg 484, eff 5-15-13
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 3 - Benefits › Part 5 - ELIGIBILITY › Section 240:10-3-26 - Payment of benefits to interstate claimants

Current through Vol. 41, No. 20, July 1, 2024
(a)
Interstate agreement.
This Section shall govern the Commission in its administrative cooperation with other states adopting a similar rule for the payment of benefits to interstate claimants.
(b)
Definitions.
The following words and terms, when used in this Section, shall have the following meaning, unless the context clearly indicates otherwise:
(1)
"Agent state"
means any state in which an individual files a claim for benefits from another state.
(2)
"Benefits"
means the compensation payable to an individual, with respect to his/her unemployment, under the unemployment insurance law of any state.
(3)
"Interstate benefit payment plan"
means the plan approved by the National Association of State Workforce Agencies under which benefits shall be payable to unemployed individuals absent from the state (or states) in which benefit credits have been accumulated.
(4)
"Interstate claimant"
means an individual who claims benefits under the unemployment insurance 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 Commission finds that this exclusion would create undue hardship on such claimants in specified areas.
(5)
"Liable state"
means any state against which an individual files, through another state, a claim for benefits.
(6)
"States"
include
the United States, the District of Columbia, Puerto Rico and the Virgin Islands
. [40:1-216]
(7)
"Week of unemployment"
includes any week of unemployment as defined in the law of the liable state from which benefits with respect to such week are claimed.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 3 - Benefits › Part 5 - ELIGIBILITY › Section 240:10-3-27 - Social Security account numbers or claim ID number

Current through Vol. 41, No. 20, July 1, 2024
(a)
Submittal by employing unit.
Each employing unit shall submit the name and Social Security account number of a worker through the employer's portal or by mail when communicating with the Commission in connection with any quarterly contribution report or adjustment of said report under the Employment Security Act of 1980 with respect to such worker. Any report or claim submitted to the Commission by an employing unit through electronic e-file or by mail shall refrain from submitting social security numbers and shall submit the name and claim ID number of the worker(s).
(b)
Submittal by individual.
Any individual shall submit his/her name and a claim ID number when communicating with the Commission in connection with any report, claim, or proceeding under the Employment Security Act of 1980 with respect to such individual.
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 3 - Benefits › Part 5 - ELIGIBILITY › Section 240:10-3-28 - Application of payments made to repay an overpayment of benefits

Current through Vol. 41, No. 20, July 1, 2024
(a) Offset or recoupment of current unemployment benefit payments - If the current benefit payments of a claimant are offset or recouped to repay a benefit overpayment, the funds from the offset or recoupment shall be applied to the principal amount of the indebtedness in the following order:
(1) First, to the earliest administrative overpayment established pursuant to 40 O.S. §
											2-613(3) until the principal amount of the overpayment is paid in full.
(2) Second, to the administrative overpayment established next in time and all subsequent administrative overpayments established in chronological order until the principal amount of all administrative overpayments are paid in full.
(3) Third, to the earliest fraud or claimant error overpayment established pursuant to 40 O.S. §
											2-613(1) or (2) until the principal amount of the overpayment is paid in full.
(4) Fourth, to the fraud or claimant error overpayment established next in time and all subsequent fraud or claimant error overpayments established in chronological order until the principal amount of all fraud or claimant error overpayments are paid in full.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 3 - Benefits › Part 5 - ELIGIBILITY › Section 240:10-3-29 - Employer leave due to illness or disability

Current through Vol. 41, No. 20, July 1, 2024
If an employer places an employee on leave due to the illness or disability of the employee or the employee's immediate family member as defined by the Employment Security Act of 1980 at 40 O.S. §
										2-210, and the employer will allow the employee to return to work once the employee is released to work by the employee's physician or the assistance to the employee's immediate family member is no longer required, then the employee will be deemed to be job attached and not separated from employment.
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 3 - Benefits › Part 7 - PROTECTION OF RIGHTS AND BENEFITS › Section 240:10-3-30 - Notice to claimants of income tax withholding program

Current through Vol. 41, No. 20, July 1, 2024
All claimants of unemployment insurance benefits will be notified of the program in which state and federal income taxes may be deducted from the claimant's weekly benefit amount. The notice shall advise each claimant that:
(1) Unemployment insurance benefits are subject to state and federal income tax;
(2) State and federal requirements exist pertaining to estimated tax payments;
(3) The claimant may elect to have state and federal income taxes deducted and withheld from the claimant's payment of unemployment benefits at the percentages specified in 40 O.S. Section 2-305;
(4) Participation by the claimant in the income tax withholding program is voluntary; and
(5) The claimant shall be permitted to change a previously elected withholding status one time each benefit year. A change in withholding status must be requested by the claimant in writing or by telecommunication.
Added at 14 Ok Reg 2905, eff 7-11-97; Amended at 19 Ok Reg 1004, eff 5-13-02; 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 3 - Benefits › Part 7 - PROTECTION OF RIGHTS AND BENEFITS › Section 240:10-3-31 - Amounts deducted held in Unemployment Trust Fund

Current through Vol. 41, No. 20, July 1, 2024
Amounts of money deducted and withheld by the Commission from unemployment benefits shall remain in the unemployment trust fund for the State of Oklahoma until transferred to the federal and state taxing authorities as a payment of income tax.
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 3 - Benefits › Part 7 - PROTECTION OF RIGHTS AND BENEFITS › Section 240:10-3-32 - Federal procedures followed

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall follow all procedures specified by the United States Department of Labor and the Internal Revenue Service of the United States pertaining to the deducting and withholding of income tax.
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 3 - Benefits › Part 7 - PROTECTION OF RIGHTS AND BENEFITS › Section 240:10-3-33 - Priorities of deductions from benefits [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 2905, eff 7-11-97; 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 3 - Benefits › Part 7 - PROTECTION OF RIGHTS AND BENEFITS › Section 240:10-3-34 - Calculation of deductions

Current through Vol. 41, No. 20, July 1, 2024
The amount of claimant's income tax deduction will be calculated as a percentage of the gross weekly benefit amount due the claimant, before any other deductions are made. The percentages to be used in this calculation are specified in 40 O.S. Section 2-305.
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 3 - Benefits › Part 7 - PROTECTION OF RIGHTS AND BENEFITS › Section 240:10-3-35 - Personal identification numbers

Current through Vol. 41, No. 20, July 1, 2024
At the claimant's option, the weekly filings for a continued unemployment claim can be made by telecommunication through the Commission's automated voice response system or via the Internet. In order to utilize these methods, the claimant will establish a personal identification number (PIN). It is the responsibility of the claimant to keep his or her personal identification number confidential at all times. A third party may not utilize a claimant's personal identification number to file a continued claim on behalf of, or in place of, the claimant. If a third party uses a claimant's personal identification number to obtain benefits, this will be considered unemployment compensation fraud on the part of the third party and gross negligence on the part of the claimant. The claimant shall be liable to repay to the Commission all benefits obtained by the third party through the use of the claimant's personal identification number. The claimant may file a cause of action against the third party for any amount of money the claimant has become liable to repay to the Commission due to the third party's actions, and the third party shall be liable to the claimant for any funds the third party received through fraud or theft.
Added at 14 Ok Reg 2905, eff 7-11-97; 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 3 - Benefits › Part 9 - DISQUALIFICATION › Section 240:10-3-40 - Normal working day [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 3 - Benefits › Part 9 - DISQUALIFICATION › Section 240:10-3-41 - Application of retirement proceeds and severance pay

Current through Vol. 41, No. 20, July 1, 2024
(a)
Lump-sum retirement payment.
A lump-sum distribution from a retirement plan shall be deductible from benefits in the week received.
(b)
Regular retirement payments.
If a claimant is receiving monthly retirement payments that are required to be deducted from unemployment insurance benefits pursuant to 40 O.S. §
										2-411, the Commission shall deduct 7/30ths of the monthly retirement payment from each week of unemployment benefits received.
(c)
Severance pay.
Severance pay which is deemed wages shall be deductible from benefits in the week received.
Amended at 9 Ok Reg 1327, eff 2-27-92 (emergency); Amended at 9 Ok Reg 1833, eff 6-11-92; Amended at 21 Ok Reg 779, eff 5-1-04; Amended at 29 Ok Reg 459, eff 5-15-12
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 3 - Benefits › Part 9 - DISQUALIFICATION › Section 240:10-3-42 - Labor disputes

Current through Vol. 41, No. 20, July 1, 2024
(a)
Initial notice to Commission.
In cases of unemployment due to a strike, lockout or other labor dispute, the employing unit shall mail to the Oklahoma Employment Security Commission, Benefits, P. O. Box 52003, Oklahoma City, Oklahoma 73152-2003, a notice setting forth the existence of such dispute and the approximate number of workers affected.
(b)
List of participants.
Upon request by the Commission, such employing unit shall furnish to the Commission the names and Social Security account numbers of workers ordinarily attached to the department or the establishment where unemployment is caused by strike, lockout, or labor dispute.
(c)
Status report of labor dispute.
After the Appeal Tribunal has determined that a labor dispute exists, the Commission shall, once a month, send a request to the employer and the union representative or employee representative asking for the status of the labor dispute.
(d)
Claim processing.
In order to expedite the determination of whether or not a labor dispute exists, once the Appeal Tribunal has received notice that a possible labor dispute exists, and it has received the names and Social Security account numbers of workers ordinarily attached to the department or the establishment where the dispute exists (OAC 240:10-3-42(a) and (b) ), the Appeal Tribunal may accept a stipulation from any claimant,on a form to be designated by the Commission, that said claimant will be represented in his/her claim before the Appeal Tribunal as to the existence or not of a labor dispute by a named agent or representative. Said form shall enable the Appeal Tribunal to rule on the existence of a labor dispute, which determination shall be binding on all claimants who have stipulated to the representation by the agent.
(e)
Interim employment.
Any claimant for unemployment benefits who has been determined tobe ineligible to receive benefits because he/she is involved in a labor dispute may become eligible for benefits if he/she has accepted other employment and has earned wages equal to or in excess of ten (10) times his/her weekly benefit amount, provided he/she otherwise qualifies. Provided further, that the base period employer or employers shall not be charged for any benefits paid.
Amended at 12 Ok Reg 1375, eff 5-26-95; 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 3 - Benefits › Part 9 - DISQUALIFICATION › Section 240:10-3-43 - Performed service and earned remuneration; reemployed and has earned wages

Current through Vol. 41, No. 20, July 1, 2024
(a) The terms
performed service and earned remuneration
as used in 40 O.S. Section 2-109, and
reemployed and has earned wages
as used in 40 O.S. Sections 2-404, 2-406, and 2-418 shall mean that the individual has performed service
in employment and earned wages for that service and employment
.
(b) Wages (or remuneration) as used and applied in 40 O.S. Sections 2-109, 2-404, 2-406 and 2-418 in conjunction with the term
ten (10) times his weekly benefit amount
shall be those wages that are subject to coverage by the Employment Security Act of 1980 and subject to Federal Social Security Taxes and/or Federal and State Income Tax laws.
(c)
"Earned remuneration"
means reasonable compensation derived from the providing of a service, declared or undeclared, based upon the average remuneration paid to like service providers in like industries.
Amended at 8 Ok Reg 2301, eff 6-13-91 ; 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 3 - Benefits › Part 9 - DISQUALIFICATION › Section 240:10-3-44 - Domestic violence or abuse [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 779, eff 5-1-04; Amended at 23 Ok Reg 888, eff 5-15-06
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 3 - Benefits › Part 9 - DISQUALIFICATION › Section 240:10-3-45 - Cases involving drug or alcohol testing

Current through Vol. 41, No. 20, July 1, 2024
In order to establish misconduct due to a positive drug or alcohol test or the refusal to take a drug or alcohol test, the employer must produce the evidence required by the Standards for Workplace Drug and Alcohol Testing Act, 40 O.S. §§
										551 through 565.
Added at 21 Ok Reg 779, eff 5-1-04; Added at 29 Ok Reg 459, eff 5-15-12
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 10 - Unemployment Insurance Program › Subchapter 3 - Benefits › Part 11 - FILING CLAIMS-NOTICE › Section 240:10-3-50 - Employers who receive a notice of determination

Current through Vol. 41, No. 20, July 1, 2024
(a) In order for an employer to receive a notice of determination for being a party to a claim when a claimant has filed for benefits, the employer must electronically e-file a timely objection to the claim (40:2-507), unless the employer has elected to utilize other means of transmittal pursuant to 40 O.S § 1-224.
(b) The phrase
to each other employer who timely filed a written objection to the claim
[40:2-507] refers to
"
each employer
"
involved in the claim for benefits. Thus, both last and base period employers must timely file a written objection to the claim in order to have a right to receive a notice of a determination upon a claim.