Iowa Admin. Code r. 871-24.9 - Determination of benefit rights
(1)
Monetary determinations.
When an initial claim for benefits is filed, the department will send to the
individual claiming benefits a notification consisting of a statement of the
individual's weekly benefit amount, total benefits, base period wages, and
other data pertinent to the individual's benefit rights.
(2)
Fact-finding. Each
interested party will be afforded the opportunity to provide information to the
department regarding pending eligibility matters. A telephone fact-finding
interview may be scheduled upon request of either interested party. Interested
parties may request an in-person fact-finding interview as a reasonable
accommodation under the federal Americans with Disabilities Act of 1990, as
amended, or the Iowa Civil Rights Act of 1965, as amended. The department
reserves the right to call any interested party in for an in-person
fact-finding interview .
(3)
Notice of benefit determination .
a. This notice of benefit determination will
be promptly given to each claimant and to any employer whose employment
relationship with the claimant , or the claimant 's separation therefrom,
involves actual or potentially disqualifying issues relevant to the
determination . If a claimant is ineligible, this notice will advise of the
reason.
b. The department will
promptly notify the claimant or any other party filing the request of its
decision via a notice of benefit determination that specifies the claimant 's
appeal rights. Unless the claimant or any such other party entitled to notice,
within ten days after such notification was sent to such claimant 's last-known
address, files with the department a written request for a review of or an
appeal from such determination , such determination shall be final, and benefits
will be paid or denied in accordance therewith.
(4)
Reconsideration of
determination .
a. The department ,
upon receiving a timely written request for reconsideration or, on its own
initiative and based on newly discovered facts it may have in its possession or
may acquire, and that may affect the validity of the original determination ,
may affirm, modify, or reverse the prior decision, or refer the claim to an
administrative law judge. In such case, an unemployment insurance
representative will examine the facts or request and promptly issue a
redetermination . The redetermination of the monetary record will constitute a
final decision unless the individual files a written appeal to an
administrative law judge within ten days of the date on the redetermination
specifying the grounds of objection.
b. For the purposes of this subrule, the
appeal period is extended to the next working day of the department if the
tenth day falls on a Saturday, Sunday, or holiday.
(5)
Nonmonetary
determinations.
a. When a protest of
an initial claim for benefits is filed, the department will mail to the
individual claiming benefits, and the most recent or any other base period
employing unit, an Unemployment Insurance Decision, which affects the
individual's right to benefits.
b.
When an issue could result in a decision detrimental to an interested party,
the interested party will be afforded the opportunity to present facts and
evidence that may include an informational fact-finding interview scheduled by
the department . An interested party, at the party's expense and with the
party's equipment, may record (video or audio) the proceedings. All
participants will be informed of the recording of the interview, which must not
be disruptive or distracting.
c.
Interested parties are afforded review, reconsideration, and appeal rights in
the same manner as those provided for monetary determinations as established in
subrule 24.9(4).
This rule is intended to implement Iowa Code section 96.6.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Monetary determinations.
a. When an initial claim for benefits is filed, the department shall send to the individual claiming benefits a notification consisting of a statement of the individual's weekly benefit amount , total benefits , base period wages , and other data pertinent to the individual's benefit rights.
b. The monetary record shall constitute a final decision unless newly discovered facts which affect the validity of the original determination or a written request for reconsideration is filed by the individual within ten days of the date of the mailing of the monetary record specifying the grounds of objection to the monetary record.
c. If newly discovered facts are obtained by the department or a written request for reconsideration is filed by the individual and is timely, an unemployment insurance representative shall examine the facts or the written request for reconsideration and shall promptly issue a redetermination or transfer the written request to an administrative law judge. The redetermination of the monetary record shall constitute a final decision unless a written appeal to an administrative law judge is filed by the individual within ten days of the date of the mailing of the redetermination specifying the grounds of objection to the redetermined monetary record. For the purposes of this paragraph, if the newly discovered facts obtained by the department would result in a change of the individual's maximum benefit amount of $25 or less, the department representative is not required to issue a redetermination unless a redetermination is requested by the individual, the employer, or a representative of another state or federal agency responsible for the administration of an unemployment insurance law.
d. For the purposes of this subrule, the appeal period is extended to the next working day of the department in the event that the tenth day falls on a Saturday, Sunday, or holiday. Also, failure of an individual to properly complete and sign any document relating to the adjudication of a claim shall result in the return of the document to the individual for proper completion or signature; however, an extension of the appeal period to allow for the return of the documents shall not be granted.
(2) Nonmonetary determinations.
a. When a protest of an initial claim for benefits is filed, the department shall mail to the individual claiming benefits , and the most recent or any other base period employing unit, Form 65-5323, Unemployment Insurance Decision, which affects the individual's right to benefits .
b. When an issue could result in a decision detrimental to an interested party, the interested party shall be afforded the opportunity to present facts and evidence which may include an informational fact-finding interview scheduled by the department . An interested party, at the party's expense and with the party's equipment, may record (video or audio) the proceedings. All participants must be informed of the recording of the interview. The recording of the interview must not be disruptive or distracting in nature.
c. Each of these decisions of the unemployment insurance representative shall constitute a final decision unless there are newly discovered facts which affect the validity of the original decision or a written request for reconsideration is filed by the individual, or the most recent or any other base period employing unit, within ten days of the date of the mailing of the decision specifying the grounds of objection to the decision.
d. If newly discovered facts are obtained by the department or a written request for reconsideration is timely filed by the individual, or the most recent or any other base period employing unit, an unemployment insurance representative shall examine the newly discovered facts or the written request for reconsideration and shall promptly issue a redetermination or transfer the written request to an administrative law judge. The redetermination of the decision shall constitute a final decision unless a written appeal to an administrative law judge is filed by the individual, or the most recent or any other base period employing unit, within ten days of the date of the mailing of the redetermination specifying the grounds for objection to the redetermined decision.
e. For the purposes of this subrule, the protest period is extended to the next working day of the department in the event that the tenth day falls on a Saturday, Sunday or holiday. Also, failure by an individual or an employing unit to properly complete or sign any document relating to the adjudication of a claim shall result in the return of the document to the individual or employing unit for proper completion or signature; however, an extension of the protest period to allow for the return of the document shall not be granted.