reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 17 - ESTABLISHMENT, ADMINISTRATION, AND DISSOLUTION OF GROUP ACCOUNTS › Section 17-4 - Written Authorization

Current through July 13, 2024
An employer electing to join an Employer Group must designate
				  a person who will be given written authorization to represent the group and all
				  members individually in matters relating to the Division and file the Written
				  Authorization with the Division.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 17 - ESTABLISHMENT, ADMINISTRATION, AND DISSOLUTION OF GROUP ACCOUNTS › Section 17-6 - Employee

Current through July 13, 2024
An individual performing services for an employer as defined
				  in the Law, regardless of the nature of the services offered or the source of
				  the funds for the payment of such services, federal or otherwise, is considered
				  to be an employee of such employer.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 17 - ESTABLISHMENT, ADMINISTRATION, AND DISSOLUTION OF GROUP ACCOUNTS › Section 17-7 - Successor of an Employer in an Employer Group

Current through July 13, 2024
The successor who acquires the business of a member of an
				  Employer Group and is an employer as defined in Section
				  1 of this rule, and by virtue of this
				  definition would have been eligible for admission into the Employer Group
				  without having become a successor, shall continue to be a member of the
				  Employer Group until withdrawal is permitted or until such Employer Group is
				  dissolved.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 17 - ESTABLISHMENT, ADMINISTRATION, AND DISSOLUTION OF GROUP ACCOUNTS › Section 17-8 - New Employer Joining an Employer Group

Current through July 13, 2024
A new employer may be added to a group account only at the
				  beginning of a calendar year and only by making written application not later
				  than thirty (30) days prior to the beginning of the calendar year for which the
				  application is to be effective.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 17 - ESTABLISHMENT, ADMINISTRATION, AND DISSOLUTION OF GROUP ACCOUNTS › Section 17-9 - Withdrawal from an Employer Group

Current through July 13, 2024
A member may withdraw from a group account only at the end of
				  a calendar year and only by making written application to do so not later than
				  ninety (90) days prior to the effective date of the withdrawal, provided the
				  group account will have been in existence for at least two calendar years as of
				  the effective date of withdrawal.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 17 - ESTABLISHMENT, ADMINISTRATION, AND DISSOLUTION OF GROUP ACCOUNTS › Section 17-10 - Dissolution of an Employer Group

Current through July 13, 2024
The dissolution of an Employer Group can only be effected by
				  such an Employer Group up making written application for the dissolution of the
				  group on or prior to October 1 for the dissolution to be effective on December
				  31 of that same calendar year, provided that the Employer Group has been in
				  existence at least two calendar years before the effective date of the
				  dissolution of the Employer Group.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 17 - ESTABLISHMENT, ADMINISTRATION, AND DISSOLUTION OF GROUP ACCOUNTS › Section 17-11 - Conversion of an Employer Following His Withdrawal From or the Dissolution of the Employer Group

Current through July 13, 2024
(a) A member of an
				Employer Group who has been authorized to withdraw from such an Employer Group,
				or upon notification that the Employer Group has been authorized to be
				dissolved, may continue on a reimbursable election or may elect to become a tax
				based employer beginning January 1 of the year succeeding the effective date of
				withdrawal or dissolution provided that the employer makes written application
				with the Division at least thirty (30) days prior to the effective date of the
				employer's withdrawal or the dissolution of the Employer Group, whichever may
				be the case. The election to become a tax based employer as of January 1 of the
				calendar year succeeding the withdrawal from or the dissolution of the Employer
				Group on December 31 of the prior year, must remain in effect for at least two
				(2) calendar years.
(b) Such an
				employer who, by election, changes from the reimbursable method to a tax base
				method of financing benefit costs, must reimburse the Wyoming Unemployment
				Compensation Fund for his proportionate share of benefits paid to his former
				employees who are in a claim status and the base period earnings of such
				claimants which were earned during the period that the employer was reporting
				under the reimbursable method of financing benefit costs as a member of an
				Employer Group. Such an employer, in addition to making payment of any
				reimbursable amount which might be due to the Division, is required to file
				contribution reports quarterly as a tax base employer.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 17 - ESTABLISHMENT, ADMINISTRATION, AND DISSOLUTION OF GROUP ACCOUNTS › Section 17-12 - Liability

Current through July 13, 2024
(a) Each member of an Employer Group formed
				by employers as defined under (A) in Section
				1 of this rule shall be liable individually
				or collectively for past due payments owing to the Division by any member of
				the group.
(b) A governmental
				entity which apportions and allocates funds for budgetary purposes to one or
				more members of an Employer Group as defined under (B) in Section
				1 of this rule, upon notification of past
				due payment or payments owing to the Division by such member or members, shall
				be ultimately responsible for such payments should the individual member or
				members fail to make payments as due.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 17 - ESTABLISHMENT, ADMINISTRATION, AND DISSOLUTION OF GROUP ACCOUNTS › Section 17-13 - Authority Over the Operation of Another Member

Current through July 13, 2024
No provision in this rule shall be construed as giving any
				  member of an Employer Group any authority over the operation of another member
				  with respect to the administration of the Employer Group
				  account.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 18 - MAJOR INDUSTRIAL CLASSIFICATIONS › Section 18-1 - Classification for Contribution Rate

Current through July 13, 2024
Pursuant to
				  W.S.
				  27-3-503(f), division hereby
				  establishes the following major industrial classifications using North American
				  Industrial Classification System (NAICS) codes for purposes of setting
				  contribution rates:
(a) Raw materials
				and energy production.
(b)
				Construction.
(c)
				Manufacturing
(d) Distribution and
				transportation of goods.
(e)
				Information.
(f) Finance,
				insurance, real estate, and rental and leasing.
(g) Professional and business
				services.
(h) Education, health and
				social assistance.
(i) Leisure,
				accommodation and food services.
(j) Other services (except public
				administration).
(k) Public
				administration.
(l) Not otherwise
				classified above.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 18 - MAJOR INDUSTRIAL CLASSIFICATIONS › Section 18-3 - Appeal Rights

Current through July 13, 2024
An employer not satisfied with the North American Industrial
				  Classification System code assigned to the employer must file an appeal of it
				  within thirty (30) days after mailing of the notice thereof. Said appeal must
				  state the account number and the reason for disagreement with the assigned
				  classification. If the employer files such an appeal, he shall be given a
				  hearing and rights of review in accordance with
				  W.S.
				  27-3-402 through 408.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 19 - WAIVING INTEREST ON CONTRIBUTIONS › Section 19-1 - By Whom

Current through July 13, 2024
Requests to waive interest due on contributions shall be
				  ruled on by the appropriate division administrator, or a duly authorized
				  designee, if the amount of interest in question is $1,000.00 or less. If the
				  amount of interest due on contributions is $1,000.01 or more, a request for
				  waiving the interest shall be ruled on by the commission.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 20 - CLAIMS FOR BENEFITS › Section 20-1 - Filing a New or Additional Claim for Benefits

Current through July 13, 2024
Any individual claiming benefits for unemployment under the
				  Wyoming Employment Security Law shall proceed as follows:
(a) An individual may file an initial claim
				for unemployment benefits by telephone to the division's claim center or by
				Internet using the division's approved web site claim application. An
				individual may also file an initial claim at an employment center, in person,
				either by using the center's telephone to contact the division's claim center
				or by Internet using the division's approved web site claim application. The
				effective date of an initial claim shall be the Sunday of the calendar week in
				which the individual first completed an Internet claim, or completed a
				telephone claim through the claim center for the purpose of initiating an
				initial unemployment insurance claim, unless the claimant requests that the
				claim be effective the following Sunday or unless the claimant has excessive
				earnings during that week and is separated from employment. The effective date
				of the claim may be changed by the division for good cause.
(b) In order to meet the requirement of
				W.S.
				27-3-401(a), a claimant
				shall provide all information required to establish or process a claim,
				including the claimant's social security number and information to establish
				the claimant's identity. If the claimant fails, without good cause, to provide
				information required under this section, the claimant shall not be eligible for
				benefits until the week in which the requested information is
				provided.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 20 - CLAIMS FOR BENEFITS › Section 20-2 - Filing Continued Claims for Benefits

Current through July 13, 2024
(a) In order to
				maintain continuing eligibility for benefits with respect to any weeks of
				unemployment during any continuous period of unemployment, a claimant shall
				continue to file claims in the manner and on the dates as directed by the
				division. No continued claim shall be complete until the claimant files the
				claim by telephone to the division's voice response system or by Internet using
				the division's approved web site for continued claim. A claimant who does not
				have access to file by telephone or the division's approved web site, may
				receive division approval to receive paper continued claim forms to file by
				either fax or mail. A continued claim must be filed no later than Saturday, two
				weeks following the ending date covered by the claim. Failure to file continued
				claims within the time prescribed may be excused if good cause for the delay is
				established to the satisfaction of the division. On a continued claim the
				claimant shall set forth the following:
(i)
				That he continues his claim for benefits.
(ii) That during the period for which
				benefits are claimed he performed no work and earned no wages, except as
				reported thereon.
(iii) That he was
				able to work, available for work, and actively seeking work, except as reported
				thereon.
(iv) Such other
				information as is required by the telephone voice response system, the
				division's approved web site for continued claims, or a division approved
				form.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 20 - CLAIMS FOR BENEFITS › Section 20-3 - Continuing of Claims When Claimant Moves to Another Locality

Current through July 13, 2024
An individual moving to another locality after filing an
				  initial claim for benefits may be permitted to continue his claim for
				  unemployment by reporting to a local office in his new community, to an
				  itinerant representative, by mail, or by telephone to the claim center or as
				  directed by the division.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 20 - CLAIMS FOR BENEFITS › Section 20-4 - Withdrawal of Initial Claim

Current through July 13, 2024
Initial claims may be withdrawn:
(a) By the claimant, only on written request,
				if that request is filed within seven (7) days after the mailing of the first
				notice that the claimant is monetarily eligible, except as provided under the
				Interstate Agreement for Monetary Eligibility.
(b) By the division:
(i) If the claimant is not unemployed during
				the first week after the effective date of the initial claim; or
(ii) If, as of the effective date of the
				claim, the claimant has not met the requirements of
				W.S.
				27-3-306(d), or
				W.S.
				27-3-311(a) and (f) after
				disqualification under that section.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 20 - CLAIMS FOR BENEFITS › Section 20-5 - Continued Eligibility of Benefits

Current through July 13, 2024
In order to maintain continuing eligibility for benefits with
				  respect to any weeks of unemployment during any continuous period of
				  unemployment the claimant shall report in the manner and on the dates and times
				  as directed by the division for the Eligibility Review Program, Benefit
				  Accuracy Measurement review, Profiling interviews, Re-employment interviews or
				  other interviews requested by the division. Failure to report at the scheduled
				  time may be excused if good cause for such delay is established to the
				  satisfaction of the division.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 20 - CLAIMS FOR BENEFITS › Section 20-6 - Requested Information

Current through July 13, 2024
When a claimant fails to provide requested information that
				  is necessary for making a determination he may not be eligible for benefits
				  until the week in which the requested information is provided. The claimant may
				  be considered eligible for all affected weeks if he provides the information in
				  the protest period pursuant to
				  W.S.
				  27-3-402(e).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 20 - CLAIMS FOR BENEFITS › Section 20-7 - Benefit Payment

Current through July 13, 2024
(a) All benefits
				shall be paid through the authorized method(s) selected by the
				division.
(b) When confirmation of
				an electronic payment is received by the division, benefits are considered to
				have been paid to the claimant.
(c)
				When the division pays electronically, the claimant's personal information
				shall remain confidential according to applicable statutes and commission
				rules.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 21 - MASS SEPARATIONS › Section 21-1 - Definition of Mass Separation and Notice

Current through July 13, 2024
(a) The term "Mass
				Separation" means a separations (permanently or for an indefinite period of
				time or for an expected duration of seven or more days), at or about the same
				time and for the same reason, of 20 or more workers employed in a single
				establishment.
(b) An employer
				shall file with the division in writing or by using the internet website
				approved by the Division, a mass separation notice which must include the
				layoff date and the period and amount of termination, severance, sick, or
				earned vacation payments, where applicable, for each employee. Such notice
				should be filed as soon as the employer has reason to believe a mass separation
				will take place, but shall be filed not later than five calendar days after
				such separation.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 21 - MASS SEPARATIONS › Section 21-2 - Labor Dispute

Current through July 13, 2024
Upon request by the division, such employer shall furnish to
				  the division the names of the workers ordinarily attached to the department or
				  establishment where unemployment is cause by a strike, lockout, or other labor
				  dispute.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 22 - PAYMENT OF BENEFITS TO INTERSTATE CLAIMANTS › Section 22-1 - How Filed and Paid

Current through July 13, 2024
Claims shall be filed and benefits shall be paid to
				  interstate claimants in accordance with the Interstate Benefit Payment Plan
				  established by the United States Department of Labor.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 22 - PAYMENT OF BENEFITS TO INTERSTATE CLAIMANTS › Section 22-2 - Appellate Procedure

Current through July 13, 2024
(a) The agent state
				shall afford all reasonable cooperation in the taking of evidence and the
				holding of hearings in connection with appealed interstate benefit
				claims.
(b) With respect to the
				time limits imposed by the law of a liable state upon the filing of an appeal
				in connection with a disputed benefit claim, an appeal made by an interstate
				claimant shall be deemed to have been made and communicated to the liable state
				on the date when it is received by any qualified officer of the agent
				state.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 23 - EFFECT OF PAYMENTS RECEIVED › Section 23-1 - Retirement Annuities, Pensions and Other Payments

Current through July 13, 2024
(a) If received in a lump sum single payment
				that payment shall be allocated to a particular week or weeks for purposes of
				W.S.
				27-3-313(a)(v)
				disqualification by dividing the lump sum payment by the average weekly rate of
				pay (excluding overtime over forty hours) earned by the claimant during the
				most recent four weeks of full-time or part-time work for that employer. If the
				payment is made on a weekly, monthly, or other periodic basis, it shall be so
				allocated. A monthly payment shall be allocated to weeks in the month by
				dividing it by 4.333. The allocation shall begin with the week in which the
				payment is received.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 23 - EFFECT OF PAYMENTS RECEIVED › Section 23-2 - Severance Payment, Termination Allowance, Sick Pay or Earned Vacation

Current through July 13, 2024
(a) If the claimant receives more than one
				type of payment pursuant to
				W.S.
				27-3-313(c) during a week
				and none of those payments equal or exceed the claimant's weekly benefit
				amount, each payment shall be combined into one sum for allocation to that
				week.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 24 - REGISTRATION FOR WORK, ABLE, AVAILABLE AND ACTIVELY SEEKING WORK › Section 24-1 - In General

Current through July 13, 2024
Any individual who files for Wyoming unemployment insurance
				  benefits shall register for work with a state employment agency serving their
				  local labor market. The claimant must register for work within 14 days from the
				  day a claim is filed. Claimants who qualify under the conditions contained in
				  Sections 2,
				  3, and
				  4 of this Chapter must register for work
				  within seven (7) days of the expiration of that qualifying condition.
(a) For individuals living in Wyoming,
				"register for work" is defined as creating an account using the internet
				website approved by the Division.
(b) For individuals living outside of
				Wyoming, "register for work" is defined as:
(i) follow the registration requirements of
				the state the individual lives in; and
(ii) supply proof of the registration to the
				Wyoming Division of Unemployment Insurance; or
(iii) supply proof of why the individual is
				exempt from registering to the Wyoming Division of Unemployment
				Insurance.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 24 - REGISTRATION FOR WORK, ABLE, AVAILABLE AND ACTIVELY SEEKING WORK › Section 24-2 - Union Membership

Current through July 13, 2024
During the first twelve weeks of unemployment following the
				  effective date of a claimant's new or additional claim for benefits, an
				  individual is considered to have met the requirements of
				  W.S.
				  27-3-306(a)(i) if he is a
				  member of a labor union with dues paid in full and is registered for work with
				  his union local. After this twelve-week period, the individual must register
				  for work as provided in Section
				  1, supra.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 24 - REGISTRATION FOR WORK, ABLE, AVAILABLE AND ACTIVELY SEEKING WORK › Section 24-3 - Job Attached

Current through July 13, 2024
As used in
				  W.S.
				  27-3-306(a)(i), within
				  twelve weeks means within twelve weeks of the effective date of the new or
				  additional claim for benefits. If the claimant normally worked less than
				  thirty-five hours per week while earning qualifying wage credits, the claimant
				  shall be considered returning to full-time work if returning to the same number
				  of hours normally worked for the employer during the base period. The division
				  shall notify the employer the claimant has stated he is job attached. The
				  claimant is not job attached if the employer notifies the division, in writing,
				  that the claimant will not be recalled within twelve (12) weeks or will no
				  longer be recalled within twelve (12) weeks. Claimants who are deemed not to be
				  job attached, under this section, have seven (7) days from the date of notice
				  to register for and actively seek work.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 24 - REGISTRATION FOR WORK, ABLE, AVAILABLE AND ACTIVELY SEEKING WORK › Section 24-4 - Approved Training

Current through July 13, 2024
An individual enrolled in approved training under
				  W.S.
				  27-3-307 is considered registered for work.
				  Upon completion of the training, the individual must register for work as
				  provided in Section
				  1, supra.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 24 - REGISTRATION FOR WORK, ABLE, AVAILABLE AND ACTIVELY SEEKING WORK › Section 24-5 - Students

Current through July 13, 2024
When a claimant is attending school or participating in other
				  types of course work during his normal working hours and is not enrolled in
				  Approved Training, he is not available for work unless:
(a) He has earned base period wages while
				attending school and is seeking work and attending school on a similar basis;
				or
(b) He attends no more than
				eight (8) class time hours per week and verifies in writing he will drop the
				class(es) or change the class hours if the class schedule conflicts with an
				offer of suitable work; or
(c) He
				participates in no more than eight (8) hours in other types of course work,
				including but not limited to Internet and self-study courses, during his normal
				working hours.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 24 - REGISTRATION FOR WORK, ABLE, AVAILABLE AND ACTIVELY SEEKING WORK › Section 24-6 - Work Search

Current through July 13, 2024
To be eligible for benefits for any week, a claimant must
				  contact two (2) or more employers per week. A claimant filing for benefits will
				  actively seek full-time employment. The claimant may seek part-time employment
				  if the majority of his base period wages were earned on the basis of part-time
				  work, or he has a documented bona fide medical reason preventing him from
				  working full-time. If the claimant does not provide work search information to
				  the division upon request, the division may presume he did not actively seek
				  work.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 24 - REGISTRATION FOR WORK, ABLE, AVAILABLE AND ACTIVELY SEEKING WORK › Section 24-7 - Apprenticeship Training

Current through July 13, 2024
If a claimant applies for apprenticeship training, notice
				  will be mailed to the most recent employer. The most recent employer is
				  presumed to have approved the training, unless the employer notifies the
				  division, in writing, within twenty-eight (28) days days of the mailing of the
				  division's notice that the employer does not approve the training.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 25 - DISQUALIFICATION FOR INVALID CLAIM › Section 25-1 - Continued Claim

Current through July 13, 2024
In the case of a continued claim where a claimant makes a
				  non-fraudulent misrepresentation, he shall be disqualified only to the extent
				  the misrepresentation increased the amount of benefits to which he would
				  otherwise be entitled. When a claimant makes a fraudulent misrepresentation
				  with intent to increase the amount of benefits to which he would otherwise be
				  entitled on a continued claim, his claim shall be denied as invalid for that
				  week or weeks.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 26 - IMPEMENTATION OF CRITERIA FOR WAIVER OF OVERPAYMENT › Section 26-1 - Fault Criteria

Current through July 13, 2024
In determining whether a claimant is without fault for
				  purposes of deciding whether to waive recovery of overpaid benefits under
				  W.S.
				  27-3-409, the Division shall consider the
				  following criteria:
(a) Whether the
				claimant made an incorrect statement of material fact in order to collect
				benefits, and if so, whether the claimant knew or should have known that the
				statement he gave the Division was incorrect; or
(b) Whether the claimant failed to disclose
				or caused another person to fail to disclose a material fact in connection with
				a claim for benefits, and if so, whether the claimant knew or should have known
				the fact not disclosed was material; or
(c) Whether the claimant knew or should have
				known he was not entitled to benefits; or
(d) Whether the overpayment resulted directly
				or indirectly, in whole or part, from some other erroneous act or omission of
				the claimant, which he knew or should have known was wrong; or
(e) Whether the claimant authorized or
				allowed another person to use his personal identification number (PIN) to file
				unemployment insurance claims; or
(f) Any other relevant factors.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 26 - IMPEMENTATION OF CRITERIA FOR WAIVER OF OVERPAYMENT › Section 26-2 - Defeats the Purpose of the Act

Current through July 13, 2024
In determining whether recovery of an overpayment of benefits
				  would defeat the purpose of the act, the Division shall consider the extent to
				  which recovery of the overpayment would create a financial hardship on the
				  claimant, such that he would be unable to provide himself or his immediate
				  family with minimal necessities of food, clothing, medicine, and housing as a
				  result of the Division recovering the overpayment.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 26 - IMPEMENTATION OF CRITERIA FOR WAIVER OF OVERPAYMENT › Section 26-3 - Equity and Good Conscience

Current through July 13, 2024
In determining whether it would be against equity and good
				  conscience for the Division to recover an overpayment, the Division shall
				  consider the extent to which an error of an agent of the Division contributed
				  to causing the overpayment of benefits. However, the term error as used herein
				  does not include making a decision to pay benefits which was reversed through
				  the appeals process or the changing of a decision to pay benefits based on the
				  discovery by the Division of additional information or events that occur
				  subsequent to the decision to pay benefits.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 26 - IMPEMENTATION OF CRITERIA FOR WAIVER OF OVERPAYMENT › Section 26-4 - Interpretation

Current through July 13, 2024
For the Division to waive recovery, of all or part of the
				  overpayment of benefits, the claimant has the burden of proving that he meets
				  the criteria of Section
				  1, plus the criteria of either Section
				  2 or Section
				  3 of this rule.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 27 - PENALTY ON FRAUD OVERPAYMENTS › Section 27-1 - In General

Current through July 13, 2024
In order to meet the requirements of
				  W.S.
				  27-3-409(d), a five percent
				  (5%) penalty is first assessed from the date of the Overpayment Notice. On the
				  last day of the month of every six (6) month period following the first
				  penalty, an additional five percent (5%) shall be assessed on any remaining
				  unpaid balance. The remaining unpaid balance only includes the unpaid balance
				  of the overpayment.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 28 - PROCEDURE FOR DETERMINING WAIVER OF OVERPAYMENT › Section 28-1 - Non-Fraud

Current through July 13, 2024
In making a decision on whether benefits overpaid to a
				  claimant where fraud is not involved should be waived or recovered, the
				  Division shall consider the criteria of Chapter 26 of these rules and shall
				  proceed as follows:
(a) After the
				decision creating an overpayment has become final, the Division shall send a
				notice of overpayment to the claimant's address of record. The notice shall
				advise the claimant that an overpayment has occurred and the amount of the
				overpayment; that the Division has discretion to waive recovery of the
				overpayment or offset same against future benefits; and that, if the claimant
				wishes the Division to waive recovery of the overpayment, he must respond in
				writing with his reasons for doing so within fifteen (15) days of the mailing
				of the notice. If the claimant does not respond within the fifteen (15) days,
				that shall be an admission by the claimant that the overpayment will be
				recovered.
(b) If the claimant
				responds within fifteen (15) days, his response shall be considered by the
				Division. When the Division needs detailed financial information from the
				claimant, blank financial information forms and a dated cover letter will be
				mailed to the claimant. The claimant will have fifteen (15) days to return all
				the information requested. If all requested information is not returned within
				fifteen (15) days, the waiver request shall be denied. The Division shall
				decide whether the overpayment should be waived or recovered, and mail its
				decision to the claimant. Recovery of all or part of the overpayment may be
				waived. If the claimant disagrees with that decision and appeals same within
				twenty-eight (28) days of the mailing of the decision to him, the claimant may
				have an evidentiary hearing under the Administrative Procedure Act on the
				question of whether the overpayment should be waived or recovered.
(c) If the claimant appeals the Division's
				decision in writing, the matter shall be referred to the Division's appeals
				examiner for a hearing. The appeals examiner shall schedule and conduct a
				hearing in accordance with Chapter 31 of these rules. After the hearing, the
				examiner shall issue a decision with findings of fact and conclusions of law
				and mail same to the claimant's address of record.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 28 - PROCEDURE FOR DETERMINING WAIVER OF OVERPAYMENT › Section 28-2 - Fraud

Current through July 13, 2024
If the Division alleges the overpayment was caused in whole
				  or part by fraud, the issues of whether the claimant should be disqualified and
				  whether recovery of the overpayment should be waived may be combined in one
				  proceeding. Regular provisions of law and rules for notice, appeals, hearing,
				  time limits, and procedure for resolving the disqualification shall
				  apply.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 29 - APPEALS EXAMINERS › Section 29-1 - Appointment

Current through July 13, 2024
The division may use a salaried appeals examiner instead of
				  and for the purposes of an appeals tribunal. The term of "hearing officer" may
				  be used synonymously with the terms "examiner" and "appeals
				  examiner."
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 29 - APPEALS EXAMINERS › Section 29-2 - Hearing Conducted by Persons Other Than Appeals Examiner

Current through July 13, 2024
The division in its discretion may designate some qualified
				  person other than an appeals examiner to conduct such appeal hearing. The
				  division for good cause shown may appoint an appeal tribunal consisting of the
				  examiner, as chairman, one member representing employers, and one member
				  representing employees.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 29 - APPEALS EXAMINERS › Section 29-3 - Objection to Appeals Examiner

Current through July 13, 2024
If a party to an examiner hearing has any objection to the
				  particular appeals examiner assigned to his case, he shall make that objection
				  in writing, stating in full and specific terms the grounds of the objection, at
				  the earliest opportunity, and if possible before or on the record at the
				  examiner hearing. Otherwise, the objection is waived.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 30 - HEARING ON EMPLOYER LIABILITY › Section 30-1 - Request for Hearing

Current through July 13, 2024
(a) Any employer
				not satisfied with the determination of his liability for contributions,
				subjectivity to provisions of
				W.S.
				27-3-516, or liability resulting from an
				audit must file, within twenty-eight (28) days after mailing, or personal
				delivery of the final audit determination, a request for a hearing and
				reconsideration of his the employer's contribution liability. Such request must
				be made in writing or by using the internet website approved by the Division
				and state the grounds for the request.
(b) Such hearing shall be conducted by an
				appeals examiner.
(c) If an
				employer fails to object to a determination of liability in the manner herein
				provided, that determination is final.
(d) Successor. An employer not satisfied with
				the determination of successor under
				W.S.
				27-3-507 must file a request for a hearing
				within thirty (30) days after mailing of such notice thereof. Otherwise, the
				decision is binding on the employer.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 30 - HEARING ON EMPLOYER LIABILITY › Section 30-2 - Examiner's Decision

Current through July 13, 2024
After the close of the hearing, the examiner will issue a
				  decision with findings of fact and conclusions of law. That decision shall be
				  mailed to the alleged employer's address of record. The division staff and the
				  alleged employer will have twenty-eight (28) days from the day the decision is
				  sent to the employer to file an appeal. If an appeal is not filed within that
				  time period, the examiner's decision is final.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 30 - HEARING ON EMPLOYER LIABILITY › Section 30-3 - Commission Decision

Current through July 13, 2024
If an appeal of the examiner's decision is filed within the
				  twenty-eight day time period provided in Section
				  2, the commission will consider the case at
				  one of its monthly meetings. The commission will review the record and the
				  evidence and may affirm, reverse, or modify the examiner's decision, remand the
				  case to the examiner, or take such other action as it deems appropriate. The
				  commission will send a copy of its decision to the alleged employer by
				  certified mail. A petition for judicial review then may be filed pursuant to
				  the Wyoming Administrative Procedure Act.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 31 - APPEAL HEARINGS › Section 31-1 - Hearings by Telephone

Current through July 13, 2024
Evidentiary hearings before an appeals examiner or appeal
				  tribunal may be conducted by telephone in whole or part in the discretion of
				  the appeal tribunal or examiner. All or part of the witnesses or parties may
				  appear and testify, and the parties may cross-examine, present arguments and
				  otherwise participate in the hearing by telephone. If a party to the examiner
				  hearing objects to a telephone hearing within five days of the mailing of the
				  notice, the examiner will schedule an in-person hearing at a time and place to
				  be determined at the discretion of the examiner. The examiner, in his
				  discretion, may allow a witness to appear by telephone in an in-person hearing
				  if:
(a) the party objecting to the
				telephone hearing agrees or,
(b)
				the witness resides outside the State of Wyoming at the time of the hearing
				or,
(c) the witness is incarcerated
				or institutionalized at the time of the hearing or,
(d) the witnesses' in-person appearance would
				violate a restraining order or otherwise endanger the witness or any
				participant in the hearing.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 31 - APPEAL HEARINGS › Section 31-2 - Recording of Hearings

Current through July 13, 2024
Evidentiary hearings before an appeal tribunal or examiner
				  shall be recorded on tape or recorded by other appropriate means in the
				  discretion of the examiner or appeal tribunal. If necessary to pursue an
				  appeal, the division may provide a party a copy of the tape of such hearing
				  within a reasonable time after the party requests it. Recordings of examiner
				  hearings are subject to being erased or purged three months after the final
				  time limit to appeal the decision has passed and no further appeal has been
				  filed.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 31 - APPEAL HEARINGS › Section 31-3 - Scheduling and Notice of Hearings

Current through July 13, 2024
Upon the scheduling of a hearing on an appeal at a time and
				  place reasonably convenient for the parties, notices of hearing shall be mailed
				  to the claimant and other parties interested in the decision of the deputy
				  which is being appealed. Said notices shall specify the place and time of
				  hearing, and shall also be mailed, to the claimant and other parties interested
				  in the decision being appealed, at least ten (10) days before the date of
				  hearing, unless otherwise agreed upon by the parties. Bifurcated (two part)
				  hearings may be held at the discretion of the examiner.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 31 - APPEAL HEARINGS › Section 31-4 - Hearing Procedure

Current through July 13, 2024
All hearings shall be conducted informally by the examiner in
				  charge and in such manner as to ascertain the substantial rights of the
				  parties. All issues relevant to the appeal shall be considered and passed upon.
				  Any party to an appeal before an appeals examiner may present such evidence as
				  may be pertinent. The members of an appeal tribunal or examiner may examine and
				  cross-examine any party and his witness.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 31 - APPEAL HEARINGS › Section 31-5 - Stipulations to Facts

Current through July 13, 2024
The parties to an appeal, with the consent of the person
				  conducting the hearing, may stipulate the facts involved in writing. The
				  examiner or appeal tribunal may decide the appeal on the basis of such
				  stipulation or, in its discretion, may set the appeal for hearing and take such
				  further evidence as it deems necessary to enable it to determine the
				  appeal.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 31 - APPEAL HEARINGS › Section 31-6 - Failure to Appear at Examiner or Appeal Tribunal Hearing

Current through July 13, 2024
If any party fails to appear at the hearing, the examiner or
				  chairman of the appeal tribunal shall proceed to make his decision on the
				  appeal, unless it appears to the satisfaction of the examiner or chairman of
				  the appeal tribunal that there is good cause for a continuance. If an appellant
				  fails to appear at a hearing or respond to a notice of a telephone hearing,
				  that shall be grounds for affirming the prior decision without taking evidence,
				  and shall be considered a default.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 31 - APPEAL HEARINGS › Section 31-7 - Appeals to the Commission

Current through July 13, 2024
(a) An appeal of a
				commission action or decision must be in writing. Such appeal should convey the
				idea that the person wants to appeal, the action or decision he wants to
				appeal, and the grounds for the appeal. The commission may disregard any
				purported "appeal" not complying with this subsection.
(b) Upon receipt of such a written appeal,
				the commission may affirm, modify, or reverse the decision of the appeal
				tribunal on the basis of the evidence previously submitted or may direct that
				additional evidence be taken.
(c)
				Commission hearings on the appeal shall be at the time and place designated by
				the commission.
(d) Any decision of
				an appeals examiner or appeals tribunal may be appealed to the commission by
				the administrator. Such an appeal must be filed in the same manner and within
				the same time limits as applies to any other party to a hearing before an
				appeals examiner or appeals tribunal.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 32 - REGULAR COMMISSION MEETINGS › Section 32-1 - How Scheduled

Current through July 13, 2024
The Unemployment Insurance Commission shall meet once a month
				  or as often as necessary to review decisions of hearing examiners and employer
				  coverage determinations that have been appealed, and to take care of other
				  necessary business. At each meeting, the Unemployment Insurance Commission will
				  select a date for the next meeting.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 32 - REGULAR COMMISSION MEETINGS › Section 32-2 - Recording

Current through July 13, 2024
Commission hearings shall be recorded on tape or other
				  appropriate means at the request of the claimant or employer or when the
				  commission deems appropriate. Otherwise, they do not have to be recorded. If
				  recorded, the recording is subject to being erased or purged three months after
				  the time limit to appeal the commission decision has passed and no appeal has
				  been filed.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 33 - REHEARINGS › Section 33-1 - Proceedings Covered

Current through July 13, 2024
A party to a contested case and the division staff may apply
				  to the examiner for rehearing of a case before the appeals examiner or to the
				  commission for rehearing of a case before the commission in accordance with the
				  following rules.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 33 - REHEARINGS › Section 33-2 - Appeals Examiner Hearing

Current through July 13, 2024
(a) A party
				desiring rehearing or reopening of a case before the appeals examiner must file
				a written application or use the internet website approved by the Division with
				the examiner no later than twenty-eight (28) days after the mailing of the
				examiner decision to the party's address of record. If good cause is shown for
				failing to appear at the examiner hearing, the examiner may rehear or reopen
				the matter. The rehearing may be held solely for the purpose of taking the
				absent party's evidence without granting him the right to cross-examine
				opposing witnesses who testified at the first hearing.
(b) If the examiner denies the request to
				reopen or rehear, he shall issue a written decision to that effect. The
				aggrieved party shall have twenty-eight (28) days from the date that decision
				was mailed to his address of record to file an appeal to the commission
				pursuant to
				W.S.
				27-3-404.
(c) The examiner may also reopen a case
				before him on his own motion any time before the decision becomes final under
				W.S.
				27-3-403.