reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0900 - EMPLOYMENT AND TRAINING GRANT PROGRAM › Section 20B .0903 - REPEALED - ALLOCATION OF GRANTS

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
					 Adoption Eff. July 25, 1991 for a period of 180 days to expire on
January 21, 1992;
Statutory Authority
					 G.S.
					 143B-438.6;
ARRC Objection Lodged
					 August 22, 1991;
Repealed Eff. December 1,
					 1991.
Agency repealed rule to satisfy objection to permanent
						rule.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0900 - EMPLOYMENT AND TRAINING GRANT PROGRAM › Section 20B .0904 - REPEALED - COORDINATION WITH OTHER EMPLOYMENT AND TRAINING FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-438.6;
Temporary Adoption
					 Eff. July 25, 1991 for a period of 180 days to expire on January 21,
					 1992;
Eff. December 1, 1991;
Repealed Eff. July 1,
					 2012.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0900 - EMPLOYMENT AND TRAINING GRANT PROGRAM › Section 20B .0905 - REPEALED - ELIGIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
					 Adoption Eff. July 25, 1991 for a period of 180 days to expire on
January 21, 1992;
Statutory Authority 143B-438.6;
ARRC
					 Objection Lodged August 22, 1991;
Repealed Eff. December 1,
					 1991.
Agency repealed rule to satisfy objection to permanent
						rule.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0900 - EMPLOYMENT AND TRAINING GRANT PROGRAM › Section 20B .0906-.0907

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-438.6;
Temporary Adoption
					 Eff. July 25, 1991 for a period of 180 days to expire on January 21,
					 1992;
ARRC Objection Lodged August 22, 1991 (Rule
					 .0907);
Eff. December 1, 1991;
Repealed Eff. July 1,
					 2012.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0900 - EMPLOYMENT AND TRAINING GRANT PROGRAM › Section 20B .0908 - REPEALED - REPORTING

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
					 Adoption Eff. July 25, 1991 for a period of 180 days to expire on
January 21, 1992;
Statutory Authority
					 G.S.
					 143B-438.6;
ARRC Objection Lodged
					 August 22, 1991;
Repealed Eff. December 1,
					 1991.
Agency repealed rule to satisfy objection to permanent
						rule.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0900 - EMPLOYMENT AND TRAINING GRANT PROGRAM › Section 20B .0909 - PERFORMANCE STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
Program performance will be evaluated by the Division using
					 a process patterned after the system of performance standards and measures
					 required by the JTPA. Local performance measures will be entered employment
					 rate at termination; average wage at placement; welfare entered employment rate
					 at termination.
Authority
					 G.S.
					 143B-438.6;
Temporary Adoption
					 Eff. July 25, 1991 for a period of 180 days to expire on January 21,
					 1992;
ARRC Objection Lodged August 22, 1991;
Eff.
					 December 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0900 - EMPLOYMENT AND TRAINING GRANT PROGRAM › Section 20B .0911

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-438.6;
Temporary Adoption
					 Eff. July 25, 1991 for a period of 180 days to expire on January 21,
					 1992;
ARRC Objection Lodged August 22, 1991 (Rule .0909,
					 .0911);
Eff. December 1, 1991;
Repealed Eff. July 1,
					 2012.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter C - ADJUDICATIVE PROVISIONS/GENERAL PROVISIONS FOR ADMINISTRATIVE ADJUDICATIONS › Section 20C .0101 - ADMINISTRATIVE PROCEDURES GENERALLY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				administrative procedures of the Division are governed by G.S. 150B, except to
				the extent modified in this Chapter in accordance with federal law.
(b) Procedures for administrative review
				shall be governed by the provisions of Rule .0002 of this Subchapter.
(c) Procedures for division review shall be
				governed by the provisions of Rule .0003 of this Subchapter.
(d) Procedures for grievances shall be
				governed by Rule .0004 of this Subchapter.
(e) Nothing in this Chapter 20 shall be
				construed to allow an individual to join or sue the Governor with respect to
				the Governor's responsibilities under JTPA or these Regulations, or the
				Secretary or Director, with respect to their responsibilities as delegate of
				the Governor for JTPA purposes, or the State Job Training Coordinating Council
				or any member thereof, with respect to their responsibilities under JTPA or
				these Regulations, without first exhausting the administrative remedies
				described in this Chapter.
(f) The
				burden of proof in a hearing rests with the complainant.
(g) Nothing in this Subchapter shall be
				construed to preclude the dismissal of complaints that would be subject to
				dismissal under the Rules of Civil Procedure. Summary disposition of cases,
				when warranted, shall be permitted.
(h) The address of the Office of
				Administrative Hearings is Post Office Drawer 27447, Raleigh, North Carolina,
				27611-7447 and the address of the Division is 111 Seaboard Avenue, Raleigh,
				North Carolina 27604.
Authority
				  G.S.
				  143B-430(b); 150B;
				  20 C.F.R.
				  629.52;
Eff. July 1,
				  1980;
Amended Eff. May 1, 1992; August 1, 1988; February 1, 1986;
				  October 1, 1984;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter C - ADJUDICATIVE PROVISIONS/GENERAL PROVISIONS FOR ADMINISTRATIVE ADJUDICATIONS › Section 20C .0102 - PROCEDURES FOR ADMINISTRATIVE REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
Administrative review shall be governed by G.S. 150B, except
				  that:
(1) Complaints shall be made
				within one year of the alleged occurrence;
(2) Hearings on any complaint shall be
				conducted within 30 days of filing of a complaint and final decisions shall be
				made not later than 60 days after the filing of a complaint;
(3) Where the complainant provides the
				Secretary of USDOL reason to believe that the recipient is failing to comply
				with the requirements of the JTPA or the terms of the job training plan, the
				JTPA requires the Secretary of USDOL to investigate the allegation or belief
				and determine within 120 days after receiving the complaint whether such
				allegation or complaint is true; and,
(4) Regarding actions pursuant to Subchapter
				20C .0006(d), opportunity for a hearing must be provided within 30 days of such
				actions.
Authority
				  G.S.
				  143B-430(b); 150B; JTPA S
				  144; 20 C.F.R.
				  629.58;
Eff. July 1,
				  1980;
Amended Eff. August 1, 1988; October 1, 1986; February 1,
				  1986; October 1, 1984;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter C - ADJUDICATIVE PROVISIONS/GENERAL PROVISIONS FOR ADMINISTRATIVE ADJUDICATIONS › Section 20C .0103 - PROCEDURES FOR DIVISION REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If,
				regarding a complaint against a subrecipient, agent of a subrecipient or
				private industry council, a complainant does not receive the respondent's
				decision within 60 days of the complainant's filing or receives a decision
				unsatisfactory to the complainant, the complainant may request division review.
				Such requests for division review may be made to the Division only upon a
				showing of exhaustion of administrative remedies provided by the
				respondent.
(b) Requests must be
				filed within ten days of receipt of the unsatisfactory decision or ten days
				from the date on which the complainant should have received a
				decision.
(c) A request for
				division review must be specific and shall raise all issues of fact and law
				upon which the appeal is based. Review will not be available as to matters not
				raised in the proceeding review of which is requested, nor as to matters not
				raised in the request for review. The request must be in writing signed by the
				petitioner. If the petitioner is an entity, the request must be signed by the
				authorized signatory for the petitioner. The Director may require a resolution
				of the governing board of the petitioner authorizing the request. A copy of the
				request must be mailed certified, return receipt requested to the
				respondent.
(d) Review shall be by
				the Director, who may provide for oral hearing in his discretion. The Director
				shall determine if the respondent's procedures provided due process, if the
				respondent correctly followed its procedures and if the determination is
				clearly erroneous or is not based on fact. A written decision shall be rendered
				by the Director within 30 days of receipt of the request for division review.
				The Director's decision is final and shall so state.
(e) If the Director fails to render a
				decision as required in Paragraph (d), the complainant may they request from
				the Secretary of USDOL a determination whether reasonable cause exists to
				believe that the Act or its regulations have been violated.
Authority
				  G.S.
				  143B-430(b); 150B;
				  20 C.F.R.
				  629.52;
				  20 C.F.R. 629.58;
Eff.
				  July 1, 1980;
Amended Eff. August 1, 1988; February 1, 1986;
				  October 1, 1984; August 1, 1982;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter C - ADJUDICATIVE PROVISIONS/GENERAL PROVISIONS FOR ADMINISTRATIVE ADJUDICATIONS › Section 20C .0104 - PROCEDURES FOR GRIEVANCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				grievances other than those alleging discrimination on the basis of handicap
				pursuant to Section 504 of the Rehabilitation Act, shall be filed directly with
				the Director of Civil Rights, U.S. Department of Labor, within 180 days of the
				alleged discrimination.
(b) All
				grievances alleging violations of Section 504 of the Rehabilitation Act must be
				filed within 180 days pursuant to procedures established by the subrecipient
				complained against.
Authority
				  G.S.
				  143B-20; 150B;
				  20 C.F.R.
				  626.2(b);
				  29 C.F.R. 31.7;
				  29 C.F.R.
				  32.45(b); Section
				  504, Rehabilitation Act; Ex. O.
				  93, June 8, 1983;
Eff. July 1, 1980;
Amended Eff.
				  August 1, 1988; February 1, 1986; October 1, 1984; March 1, 1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter C - ADJUDICATIVE PROVISIONS/GENERAL PROVISIONS FOR ADMINISTRATIVE ADJUDICATIONS › Section 20C .0105 - REPEALED - DIRECT APPEALS TO THE SECRETARY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-430(b); 150B; Ex. O.
				  93, June 8, 1983; 20 C.F.R.
				  620.51;
20 C.F.R.
				  629.58;
Eff. March 1,
				  1983;
Amended Eff. February 1, 1986; October 1, 1984;
Repealed Eff. August 1, 1988.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 21 - OFFICE OF INFORMATION TECHNOLOGY SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
This Chapter,
			 4 NCAC
			 21, has been transferred and recodified as
			 9 NCAC
			 06 effective September 1, 2000. [S.L.
			 2000-174]
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 22 - APPRENTICESHIP AND TRAINING DIVISION

Current through Register Vol. 39, No. 2, July 15, 2024
Codifier's Note: The rules codified in
				04 NCAC
				22 were removed from the NCAC pursuant to the
				transfer of the Apprenticeship Program and the Apprenticeship Council from the
				Department of Commerce to the Community Colleges System Office. See S.L.
				2017-57, s. 15.13(a), effective June 28,
				2017.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0100 - GENERAL › Section 24A .0101 - OFFICE LOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
The administrative office of the North Carolina Department
					 of Commerce, Division of Employment Security (hereinafter "DES" or "The
					 Division") is located at 700 Wade Avenue, in Raleigh, North Carolina. The
					 general mailing address is Post Office Box 25903, Raleigh, NC 27611-5903. The
					 office is open to the public during business hours, from 8:00 a.m. to 5:00
					 p.m., Monday through Friday, except for State holidays as set forth in
					 25 NCAC
					 01E .0901, including subsequent amendments
					 and editions.
Authority
					 G.S.
					 96-4;
Eff. July 1,
					 2015;
Amended Eff. July 1, 2018.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0100 - GENERAL › Section 24A .0102 - ADDRESS CHANGES AND ELECTRONIC ADDRESS CHANGES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  employing unit that has or had individuals in employment as defined in
				  G.S.
				  96-1 shall notify DES in writing of any
				  change to its mailing address. This notice shall be transmitted by facsimile,
				  via the internet on the DES website, or by postal mail within seven days after
				  the effective date of the change. All notices shall be submitted to the Tax
				  Administration Section, Attn: Address Change by mail to Post Office Box 26504,
				  Raleigh, North Carolina, 27611-6504, facsimile to (919) 733-1255, or email to
				  des.tax.customerservice@nccommerce.com.
(b) Each claimant with an active claim or who
				  is registered for work at a public employment office, shall notify DES in
				  writing of any change in address or electronic mail address within seven days
				  after the effective date of the change. All notices shall be submitted to the
				  DES Customer Call Center, Attn: Address Change, by mail to Post Office Box
				  25903, Raleigh, NC 27611-5903, facsimile to (919) 857-1296, or email to
				  des.ui.customerservice@nccommerce.com. Claimants may also make and submit
				  address and electronic mail address changes from their home page in the
				  Southeast Consortium Unemployment Benefits Integration (SCUBI)
				  system.
(c) Each claimant who is
				  liable to DES for an overpayment of benefits, shall notify DES by facsimile,
				  via the DES website, or by postal mail of any change of address within seven
				  days after the effective date of the change. All notices of overpayment address
				  changes shall be submitted to the Benefits Integrity Unit, Attn: Overpayment
				  Address Change by mail to Post Office Box 25903, Raleigh, NC 27611-5903,
				  facsimile to (919) 733-1369, or email to des.ui.bpc@nccommerce.com.
Authority
					 G.S.
					 96-4;
					 96-40;
					 20 C.F.R.
					 640.1;
Eff. July 1,
					 2015;
Amended Eff. July 1, 2018; September 1,
					 2017.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0100 - GENERAL › Section 24A .0103 - ADDRESSES FOR NOTICE AND ELECTRONIC NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In all
				  transactions requiring notice by G.S. 96 or these Rules, DES shall provide
				  notice to a claimant's or employer's last known address as reflected in its
				  official records.
(b) Except as
				  provided in this Chapter, DES shall mail notice of an initial claim to the
				  employer at one of the following addresses:
(1) the address of the employer for which the
				  claimant last worked;
(2) if the
				  employer has more than one branch or division at different locations, the
				  address of the branch or division for which the claimant last worked;
				  or
(3) an address designated by the
				  employer as reflected in DES's official records.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0100 - GENERAL › Section 24A .0104 - ADDRESSES FOR FILING CLAIMS, APPEALS, EXCEPTIONS, REQUESTS OR PROTESTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Claimants shall file a claim for
				  unemployment insurance benefits on DES's website or by telephone.
(1) The telephone number for DES's Customer
				  Call Center for filing a new initial claim or inquiring about an existing claim
				  is (888) 737-0259.
(2) The
				  telephone number for filing weekly certifications is (888) 372-3453.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0100 - GENERAL › Section 24A .0106 - FILING/MAILING DATES AND USE OF FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except as
				  otherwise provided in this Chapter, a document or form shall be filed with DES
				  on the date the document or form is received by DES.
(b) When a filing deadline or due date for a
				  form or payment falls on a Saturday, Sunday, or State holiday as set forth in
				  25 NCAC
				  01E .0901, the deadline or due date shall be
				  extended to the first business day following the Saturday, Sunday, or State
				  holiday.
(c) When determining
				  whether a party had good cause for filing a late appeal or protest, DES shall
				  consider the date mailed in the order listed:
(1) the postmark date or the postal meter
				  date, where there is only one;
(2)
				  the postmark date if there is both a postmark date and a postal meter date, if
				  they conflict; or
(3) the date the
				  document was delivered to a delivery service, which is equivalent to a postmark
				  date of the United States Postal Service.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0100 - GENERAL › Section 24A .0107 - DIGITAL SIGNATURES

Current through Register Vol. 39, No. 2, July 15, 2024
A digital signature provided by an employing unit or
					 claimant shall authenticate a written electronic communication sent to DES with
					 the same force and effect as that of a manual signature by the person or
					 individual using it. The digital signature shall have the following
					 characteristics:
(1) unique to the
				  person or individual using it;
(2)
				  ability to be independently verified;
(3) under the sole control of the person or
				  individual using it; and
(4)
				  infeasible to change the data in the communication without invalidating the
				  digital signature.
Authority
					 G.S.
					 96-4;
					 96-9.15;
Eff. July 1,
					 2015.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0100 - GENERAL › Section 24A .0108 - SIGNATURES ON REPORTS AND FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
Where DES requires a signature on a report or form, the
					 writing shall be signed by:
(1) the
				  individual, if the person required to submit the report or form is an
				  individual;
(2) the president, vice
				  president, or other officer if the employing unit required to submit the report
				  or form is a corporation;
(3) a
				  partner, if the employing unit required to submit the report or form is a
				  partnership or limited liability partnership;
(4) a member, if the employing unit required
				  to submit the form is a limited liability company or professional limited
				  liability company;
(5) an
				  authorized member or officer having knowledge of its affairs, if the employing
				  unit required to submit the report or form is an unincorporated
				  organization;
(6) the fiduciary, if
				  the employing unit required to submit the report or form is a trust or
				  estate;
(7) an authorized
				  representative of a governmental entity; or
(8) an agent appointed by the employing unit
				  under a power of attorney in accordance with
				  04 NCAC
				  24A .0109.
Authority
					 G.S.
					 96-4;
					 96-9.15;
Eff. July 1,
					 2015;
Amended Eff. June 1, 2022.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0100 - GENERAL › Section 24A .0109 - POWER OF ATTORNEY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An employer may
				  appoint an agent with authority to act on his, her, or its behalf with DES in
				  accordance with
				  G.S.
				  32C-2-214. An employer's appointment of an
				  agent shall be made in writing in the manner prescribed by
				  G.S.
				  32C-3-301, or by using the Power of Attorney
				  and Declaration of Representative form found on DES's website.
(b) An agent appointed pursuant to a power of
				  attorney may:
(1) complete and submit
				  documents for filing employers' tax and wage reports;
(2) complete and submit documents regarding
				  an employer's tax rate, contributions, and direct reimbursements;
(3) respond to benefit claims documents,
				  including responding to requests for information about a claimant's separation
				  or status;
(4) engage in
				  discussions with DES representatives regarding the actions listed above;
				  and
(5) accept or receive
				  correspondence sent by DES regarding claims for benefits or an employer's
				  contributions.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0100 - GENERAL › Section 24A .0110 - LIMITATION ON AUTHORITY GRANTED BY POWER OF ATTORNEY

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  A representative authorized to act for a claimant or employer pursuant to a
				  power of attorney shall not enter appeals or protests from any decisions made
				  by an adjudicator, appeals referee, hearing officer, the Assistant Secretary,
				  the Board of Review, or any other employee authorized to act on behalf of DES
				  or the Board of Review, unless the representative is qualified to serve as a
				  legal representative pursuant to
				  G.S.
				  96-17(b).
(b) A representative authorized to act for a
				  claimant or employer pursuant to a power of attorney may appear as a witness,
				  but shall not represent the claimant or employer in any hearings conducted by
				  DES, the Board of Review, or any employee designated to act on behalf of DES or
				  the Board of Review.
(c) An
				  individual authorized to act as a legal representative in a hearing before an
				  Appeals Referee shall submit notice in writing to the Appeals Referee in
				  accordance with
				  04 NCAC
				  24C .0302.
(d) An individual authorized to act as a
				  legal representative in a hearing before the Board of Review, or to enter an
				  appeal or protest before the Board of Review, shall submit notice in writing in
				  accordance with
				  04 NCAC
				  24F .0204.
Authority
					 G.S.
					 84-2.1;
					 84-4;
					 84-4.1;
					 84-5;
					 96-4;
					 96-17;
Eff. September
					 1, 2017.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0200 - REQUESTS FOR DOCUMENTS AND RECORDS UNRELATED TO PENDING APPEAL OR CONTESTED CASE › Section 24A .0201 - WRITTEN REQUEST REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Any individual or employing unit requesting to inspect or
					 copy any record containing confidential unemployment insurance information
					 shall make the request in writing. All requests shall be submitted to the Legal
					 Services Section, ATTN: Legal Release by mail to Post Office Box 25903,
					 Raleigh, North Carolina, 27611-5903, by facsimile to (919) 715-7194, or by
					 email to legal.release@nccommerce.com.
Authority
					 G.S.
					 96-4;
					 20 CFR
					 603.5;
Eff. July 1,
					 2015;
Amended Eff. March 1, 2020; July 1,
					 2018.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0200 - REQUESTS FOR DOCUMENTS AND RECORDS UNRELATED TO PENDING APPEAL OR CONTESTED CASE › Section 24A .0202 - CLEAR DESCRIPTION OF RECORDS REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  written request for unemployment insurance information shall describe the
				  record or records sought and provide sufficient details to permit
				  identification and location of the records.
(b) The request shall specify:
(1) the subject matter of the
				  record;
(2) the date or approximate
				  date that the record was made;
(3)
				  the place where the record was made;
(4) the person or office that made the
				  record; and
(5) any other necessary
				  identifying details about the record, such as an account or form
				  number.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0200 - REQUESTS FOR DOCUMENTS AND RECORDS UNRELATED TO PENDING APPEAL OR CONTESTED CASE › Section 24A .0203 - DETERMINATION AS TO DISCLOSURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the
				  Chief Counsel or designee determines that the applicable law does not permit
				  disclosure of the requested information, the Chief Counsel or designee shall
				  provide written notification to the person making the request. The notice shall
				  state reasons for the denial, including the applicable law prohibiting
				  disclosure.
(b) Where there is
				  specific information in a record that is prohibited from disclosure, the
				  specific information shall be deleted or redacted before providing the
				  requested record.
Authority
					 G.S.
					 96-4;
					 20 CFR
					 603.5;
Eff. July 1,
					 2015;
Amended Eff. July 1, 2018.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0200 - REQUESTS FOR DOCUMENTS AND RECORDS UNRELATED TO PENDING APPEAL OR CONTESTED CASE › Section 24A .0204 - RELEASE OF INFORMATION TO THIRD PARTY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon
				  written request, a claimant, employer, applicant, or other person who
				  authorizes information or records to be released to a third party or person
				  shall provide:
(1) the name of the third
				  party or person;
(2) the address of
				  the third party or person; and
(3)
				  a statement that the claimant, employer, applicant, or other person authorizing
				  the disclosure of information waives confidentiality as to the information
				  directed to be released.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0200 - REQUESTS FOR DOCUMENTS AND RECORDS UNRELATED TO PENDING APPEAL OR CONTESTED CASE › Section 24A .0205 - FEES FOR COPIES AND SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Search
				  Fees:
(1) The fee for searching DES records
				  by authorized staff shall be four dollars and forty cents ($4.40) for each
				  one-quarter hour or fraction thereof required to obtain the records to be
				  searched or to search the records.
(2) If the search for requested records
				  requires transportation of DES staff to the location of the records, or
				  transportation of the records to DES staff at a cost of more than five dollars
				  ($5.00), the actual transportation costs shall be added to the search time
				  cost.
(3) If the search for
				  requested records requires batch processing by computer, the Chief Counsel or
				  designee shall provide an estimate of DES's cost to produce the information to
				  the individual making the request. The amount of the estimate provided shall be
				  based on the computer programming and other actions necessary for the batch
				  processing. Upon consenting to the estimate provided by the Chief Counsel or
				  designee, DES shall send an invoice for the actual cost of producing the
				  requested information to the individual making the request.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0200 - REQUESTS FOR DOCUMENTS AND RECORDS UNRELATED TO PENDING APPEAL OR CONTESTED CASE › Section 24A .0206 - METHOD OF PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Payment of fees for the release of records unrelated to a
					 pending matter or contested case shall be made to DES in accordance with
					 04 NCAC
					 24A
					 .0104(aa).
Authority
					 G.S.
					 96-4;
					 20 CFR
					 603.8;
Eff. July 1,
					 2015;
Amended Eff. August 1, 2020; July 1,
					 2018.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0200 - REQUESTS FOR DOCUMENTS AND RECORDS UNRELATED TO PENDING APPEAL OR CONTESTED CASE › Section 24A .0207 - PAYMENT REQUIRED BEFORE INFORMATION RELEASE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Payment
				  shall accompany all requests for release of information. If payment does not
				  accompany a request, or is insufficient to cover all fees, DES shall send an
				  invoice for all fees due to the individual making the request, due immediately
				  upon receipt.
(b) If the search for
				  requested records exceeds the minimum fee under
				  04 NCAC
				  24A .0205, the Chief Counsel or designee
				  shall provide an estimate of DES's cost to produce the information to the
				  individual making the request. Upon consenting to the estimate provided by the
				  Chief Counsel or designee, DES shall send an invoice for the actual cost of
				  producing the requested information to the individual making the request.
				  Payment shall be due immediately, as set forth in Paragraph (a) of this
				  Rule.
(c) When exigent
				  circumstances require the immediate release of information to local, state, or
				  federal law enforcement officials, DES shall release the information upon
				  receipt of a written assurance demonstrating a guaranty of future payment from
				  the law enforcement official making the request.
Authority
					 G.S.
					 96-4;
					 20 CFR
					 603.8;
Eff. July 1,
					 2015;
Amended Eff. July 1, 2018.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0300 - PETITIONS FOR RULE-MAKING › Section 24A .0301 - RIGHT TO PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The petition
				  shall be in writing and contain the following information:
(1) the subject area to which the petition is
				  directed;
(2) a draft of the
				  proposed or amended rule;
(3) the
				  reason for the proposal;
(4) the
				  effect of the requested rule change;
(5) any data supporting the
				  proposal;
(6) the name and address
				  of each petitioner; and
(7) the
				  date.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0300 - PETITIONS FOR RULE-MAKING › Section 24A .0302 - DISPOSITION OF PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon receipt of
				  a petition, the Secretary of Commerce, or designee shall review the petition to
				  determine whether the public interest would be served by granting the
				  request.
(b) Within 30 days of
				  receiving the petition, the Secretary or designee shall make a decision on the
				  petition and inform the petitioner by mailing:
(1) a written denial of the petition and the
				  reason for the denial; or
(2)
				  written notice to the petitioner that the Secretary or designee will initiate a
				  rule-making proceeding as required by
				  G.S.
				  150B-20(c).
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0500 - REQUESTS FOR DOCUMENTS, HEARING RECORDINS, AND TRANSCRIPTS RELATED TO PENDING APPEAL OR CONTESTED CASE › Section 24A .0501 - WRITTEN REQUEST REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A party
				  requesting a copy of file documents, a digital recording of a hearing, or a
				  written transcript of a hearing in a matter where an appeal is pending shall
				  submit the request in writing.
(b)
				  A party's written request for a copy of the file documents, digital recording
				  of the hearing, or written transcript of the hearing shall include:
(1) the name and address of the party making
				  the request;
(2) the claimant's
				  name, if applicable;
(3) the
				  employer's name, if applicable;
(4)
				  the docket or issue identification number of the case;
(5) the date of or approximate date that the
				  record was made;
(6) the person or
				  office that made the record; and
(7) the name and address to which the record
				  shall be sent.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0500 - REQUESTS FOR DOCUMENTS, HEARING RECORDINS, AND TRANSCRIPTS RELATED TO PENDING APPEAL OR CONTESTED CASE › Section 24A .0502 - INDIGENCY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A party who is
				  unable to provide payment assurance with a written transcript request pursuant
				  to 04
				  NCAC 24A .0501 may proceed in forma pauperis.
				  The party may obtain a transcript if the request is accompanied by a written
				  affidavit stating that he or she is unable to advance the required costs, and
				  proof pursuant to Paragraph (b) of this Rule.
(b) The Chief Counsel or designee shall
				  authorize release of the transcript to an indigent party if the person submits
				  the required affidavit and meets one or more of the following criteria:
(1) receives electronic food and nutrition
				  benefits;
(2) receives Work First
				  Family Assistance;
(3) receives
				  Supplemental Security Income (SSI);
(4) is represented by a legal services
				  organization that has as its primary purpose the furnishing of legal services
				  to indigent persons;
(5) is
				  represented by private counsel working on behalf of or under the auspices of a
				  legal services organization in accordance with Subparagraph (4) of this
				  Paragraph; or
(6) is represented by
				  private counsel under a written agreement to provide pro bono legal
				  services.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0500 - REQUESTS FOR DOCUMENTS, HEARING RECORDINS, AND TRANSCRIPTS RELATED TO PENDING APPEAL OR CONTESTED CASE › Section 24A .0503 - INVOICE AND FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A party who
				  requests a copy of the file documents or a digital recording in a pending
				  appeal or contested case under this Section shall be provided with the file
				  documents and digital recording free of charge.
(b) A request for a written transcript of the
				  hearing shall include payment assurance by stating that the requesting party
				  will pay the fee for the transcript in accordance with
				  04 NCAC
				  24A .0104(z) or (aa).
				  Payment is due upon receipt, but no more than 15 days after the date that the
				  transcript was mailed or transmitted to the party.
(c) A party who requests a written transcript
				  of a hearing but does not provide payment assurance in accordance with
				  04 NCAC
				  24A .0104(z) or (aa) shall
				  receive a digital recording of the hearing free of charge.
(d) A party who requests a written transcript
				  of a hearing with payment assurance as set forth in
				  04 NCAC
				  24A .0104(z) or (aa) shall
				  receive a written transcript. An invoice for the fees charged by DES shall
				  accompany the transcript and shall not exceed the lesser of sixty-five cents
				  per page or sixty-five dollars ($65.00) per transcript pursuant to
				  G.S.
				  96-15(f).
(e) Payment for transcripts under this
				  Section shall include the invoice number and be made in accordance with
				  04 NCAC
				  24A .0104(z) or
				  (aa).
Authority
					 G.S.
					 96-4;
					 96-15;
					 20 CFR
					 603.8;
Eff. August 1,
					 2020.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0500 - REQUESTS FOR DOCUMENTS, HEARING RECORDINS, AND TRANSCRIPTS RELATED TO PENDING APPEAL OR CONTESTED CASE › Section 24A .0504 - DISCLOSURE OF RECORDS RELATED TO PENDING APPEAL OR CONTESTED CASE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Chief Counsel or designee shall
				  transmit a copy of the requested record to the requesting party by mail, unless
				  the party requests or authorizes delivery by electronic transmission or
				  delivery service in accordance with
				  04 NCAC
				  24A .0103.
(b) A party who files an appeal to the
				  superior court from a decision of the Board of Review regarding the rights,
				  liabilities, and status of an employer and complies with the requirements of
				  G.S.
				  96-4 shall receive a copy of the transcript
				  of all testimony, records, evidence, and assignment of errors free of charge
				  when it is transmitted to the court in accordance with
				  G.S.
				  96-4(q).
(c) A party who files a petition for judicial
				  review and complies with the requirements of
				  G.S.
				  96-15 shall receive a copy of the transcript
				  and entire record under review free of charge when it is transmitted to the
				  court in accordance with
				  G.S.
				  96-15(h).
Authority
					 G.S.
					 96-4;
					 96-15;
					 20 CFR
					 603.5;
Eff. August 1,
					 2020.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter A - GENERAL › Section .0600 - FORMS › Section 24A .0601 - OFFICIAL FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Unless
				  otherwise provided, all employer forms referenced under the rules of this
				  Chapter are available at des.nc.gov, or by contacting the Employer Call Center
				  (ECC) as follows:
(1) mailing address is Post
				  Office Box 26504, Raleigh, North Carolina 27611;
(2) phone number is (919) 707-1150;
(3) facsimile number is (919) 715-0780;
				  or
(4) email address is
				  des.tax.customerservice@nccomerce.com.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0100 - CLAIMS FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 24B .0101 - FILING A CLAIM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An individual
				  shall contact DES by internet or telephone to file a valid initial claim for
				  benefits pursuant to
				  04 NCAC
				  24A .0104(a).
(b) Prior to receiving any benefits, the
				  claimant shall register for work with a public employment office.
(c) Information for an initial claim shall
				  include:
(1) the claimant's name, social
				  security number, address, telephone number, email address, and date of birth,
				  and gender;
(2) immigration
				  status;
(3) whether the claimant
				  worked for the federal government or in another state during the previous two
				  years;
(4) whether the claimant
				  applied for or is receiving disability payments;
(5) whether the claimant was or will be paid
				  vacation or severance and the time frame that the payment covers;
(6) whether there was a policy in effect
				  regarding paid time off prior to the claimant's separation;
(7) whether the claimant refused work since
				  becoming unemployed;
(8) whether
				  the claimant filed for or is receiving benefits under any other unemployment
				  insurance law;
(9) whether the
				  claimant applied for or is receiving any type of retirement pension;
(10) the name and complete address of the
				  claimant's last employer;
(11) the
				  reason for the claimant's separation from work; and
(12) the claimant's beginning and ending
				  dates of employment.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0100 - CLAIMS FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 24B .0102 - ALTERNATIVE FILING METHODS

Current through Register Vol. 39, No. 2, July 15, 2024
A claimant shall file an initial claim, or a weekly
					 certification for payment of benefits by mail, delivery service, or facsimile
					 to DES's Central Office in Raleigh, North Carolina. A claimant shall file an
					 initial claim, or a weekly certification for payment of benefits at a Division
					 of Workforce Solutions public employment office throughout the State when
					 hazardous or emergency conditions exist that prevent a DES representative from
					 accepting the claim or weekly certification by telephone or internet due to
					 inclement weather or declared natural disaster.
Authority
					 G.S.
					 96-4;
					 96-14.1;
					 96-14.9;
					 96-15;
					 20 CFR
					 602;
Eff. July 1,
					 2015.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0100 - CLAIMS FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 24B .0103 - WEEKLY CERTIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) After a
				  claimant files an initial claim and establishes a benefit year, the claimant
				  shall file subsequent weekly certifications for payment of benefits by
				  telephone, or internet on DES's website at intervals of no less than 7 and no
				  more than 14 consecutive days for each week claimed.
(1) Each claimant shall file weekly
				  certifications as prescribed under
				  04 NCAC
				  24A .0104(a).
(2) Any claimant who reports earnings that
				  exceed the sum of his or her weekly benefit amount plus earnings allowance for
				  three consecutive weeks shall be unable to file a weekly certification in the
				  fourth week, and must contact DES's Customer Call Center to continue his or her
				  claim as set forth in
				  04 NCAC
				  24A .0104(a)(1).
(3) If at any time during the benefit year,
				  more than 14 calendar days elapse since the claimant last filed a weekly
				  certification, the claimant shall file an additional or reopened claim for
				  benefits as defined in
				  04 NCAC
				  24A .0105, and shall comply with all
				  eligibility requirements.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0100 - CLAIMS FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 24B .0104 - INFORMATION TO BE PROVIDED TO CLAIMANTS FILING A NEW CLAIM

Current through Register Vol. 39, No. 2, July 15, 2024
A claimant filing a new claim for benefits shall be
					 informed that:
(1) unemployment
				  benefits are subject to federal and state income tax;
(2) he or she may elect to have federal and
				  state income tax deducted and withheld from the payment of unemployment
				  benefits;
(3) he or she may change
				  a previous withholding status; and
(4) any amounts deducted and withheld for
				  taxes shall be only after amounts are deducted and withheld under any other
				  provisions of the Employment Security Law.
Authority
					 G.S.
					 96-4;
					 96-14.2;
Eff. July 1,
					 2015.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0100 - CLAIMS FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 24B .0105 - ANTEDATING

Current through Register Vol. 39, No. 2, July 15, 2024
A valid initial claim shall be retroactively effective to
					 the Sunday of the calendar week during which a claimant would have filed a
					 claim if the failure to file the claim at that time includes the
					 following:
(1) a notice of the time
				  and place for filing a claim for benefits that should have been posted was not
				  posted in the claimant's employment establishment;
(2) the claimant's employer coerced the
				  claimant not to file a claim for benefits and the claimant contacted an
				  authorized representative of DES no later than 14 days following his or her
				  last day of work;
(3) natural
				  disaster where the claimant works or resides; or
(4) an invalid claim was filed in good faith
				  in another state.
Authority
					 G.S.
					 96-4;
					 96-14.1;
					 96-15;
Eff. July 1,
					 2015.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0100 - CLAIMS FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 24B .0106 - SUSPENSION OF BENEFITS FOR PROBATION VIOLATORS WHO AVOID ARREST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon receipt of a valid court order
				  resulting from a probation violation for absconsion or willful avoidance of
				  arrest, DES shall suspend benefits pursuant to the terms outlined by the
				  issuing judge in the order, effective beginning on the Sunday following the
				  effective date of the order.
(b)
				  Within seven days of receiving the order, DES shall provide written notice and
				  reasons for the ineligibility for benefits to the claimant, the issuing court,
				  and the North Carolina Department of Public Safety.
(c) The notice shall state:
(1) the claimant's name;
(2) the claimant's address as contained in
				  DES's official records and provided with the court order;
(3) the date the order was entered;
				  and
(4) the effective date of the
				  claimant's ineligibility for benefits.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 24 - EMPLOYMENT SECURITY › Subchapter B - BENEFITS › Section .0100 - CLAIMS FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 24B .0107 - VALID JOB CONTACTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each claimant
				  who has registered for work and filed a claim for unemployment insurance
				  benefits shall actively seek work and make the minimum valid job contacts per
				  week as required under
				  G.S.
				  96-14.9(e).
(b) For job contacts conducted on an
				  employer's or employment website:
(1) a valid
				  job contact is a submitted application for a position as defined in
				  04 NCAC
				  24A .0105(7);
(2) each separate and distinct position
				  requiring a separate application, even if with the same employer, shall count
				  as a separate job contact; and
(3)
				  upon request by DES, each claimant shall provide verifiable proof of their job
				  contacts, and such proof may include the claimant's record of the name of the
				  employer, the URL or address of the website, the job title of the position for
				  which the claimant applied, the date of submission, and the confirmation number
				  or email.