Mich. Admin. Code R. 421.205 - Notification to employing unit of filing of claim; request for wage and separation information from employing unit; notification of commission of possible disqualification or ineligibility of claimant; "respond" defined

Rule 205.

(1) If an individual files a new claim for benefits, then the agency shall notify all of the individual's base period employers and employing units, the separating employer, and the individual's employers and employing units during the calendar quarter containing the Sunday of the week in which the new claim is effective, of all of the following:

(a) The filing of the claim.

(b) The wages on record, as to the claimant, in the agency's wage database, or the wages reported by the claimant if there are no wages on record in the wage database.

(c) The reason for separation reported by the claimant.

(d) The claimant's weekly benefit amount.

(e) The maximum benefit amount that may be charged to each employer's account.

(2) Any response by the employer or employing unit to the information provided by the agency shall be received by the agency within 10 calendar days from the date of mailing or personal service of the information on the form approved by the agency. The response shall contain all of the following information:

(a) A summary statement of pertinent facts if the employer or employing unit questions whether the individual should receive benefits or whether the employer's account should be charged for benefits.

(b) New, additional, or corrected information concerning the individual's wages or the reason for the individual's separation from employment as may be pertinent to increase benefits or benefit charges, decrease benefits or benefit charges, or render the individual disqualified or ineligible to receive benefits.

(3) If an individual files an additional or reopened claim, then the agency shall notify the separating employer or employing unit and the base period employers unless the agency receives a written request from the separating employing unit or from a base period employer that the notice not be provided. If the employer or employing unit has new, additional, or corrected information to provide the agency, or seeks to challenge the individual's eligibility or qualification for benefits or charges to the employer's account, then the information shall be received by the agency in writing or by any other means approved by the agency within 10 calendar days from the date of mailing or personal service of the notice.

(4) An employer or employing unit shall notify the agency, in writing or by any other means approved by the agency, in the time period provided in subrules (2) or (3) of this rule, of the possible disqualification or ineligibility of a claimant, or of possible improper charges to the employer's account. The notice shall contain all of the following information:

(a) The individual's full name and social security number.

(b) The employer's or employing unit's name, registration number, if one has been assigned by the agency, and the address to which any monetary determination or nonmonetary determination shall be directed.

(c) The last day worked by the individual.

(d) A statement of the circumstances on which the employer or employing unit relies in questioning whether the individual is entitled to benefits.

(5) If an employer or employing unit fails to comply with the requirements of subrule (2) or (3) of this rule within the 10-day period provided, then the agency shall pay benefits in accordance with the monetary determination.

(6) If an employer or employing unit provides new, additional, or corrected separation information beyond the time period specified in subrule (2) or (3) of this rule, then the response shall not form the basis of a determination or redetermination of disqualification or ineligibility for any claim period for which benefits have been paid before the receipt by the agency of the response, except in any of the following circumstances:

(a) A showing that the employing unit could not reasonably comply with the due dates of subrule (2) or (3) of this rule.

(b) A showing of a false statement, misrepresentation, or nondisclosure of a material fact on the part of the claimant.

(c) A showing of an agency administrative clerical error. Separation information received by the agency from the employer more than 1 year after the mail date of the monetary determination shall not be considered by the agency. If new, additional, or corrected wage information is received by the agency from the employer after the 10-day period specified in subrule (2) or (3) of this rule, then the information shall not result in a decrease in benefit amount or benefit charge for any claim period for which benefits have been paid before the receipt by the agency of the response. Information received after the 10-day period shall, however, be used to increase a benefit amount or benefit charge for any claim period for which benefits have been paid before the receipt by the agency of the response.

(7) If the individual disagrees with the wage information contained in the agency's wage database, then the individual's statement shall be taken on a form designed for a statement or in any other manner approved by the agency and shall be provided to the employer by means of the monetary determination.

(8) If a notice is submitted by an employing unit indicating the sole reason for ineligibility to be leave of absence or vacation with pay and with respect to which period of time no claim was filed, then the agency shall, upon receipt and recording of appropriate evidence of reemployment by the employing unit granting the leave or vacation with pay, disregard the form without notification to the interested parties and without the necessity of making a determination with respect to the period of time during which the claimant was on a leave of absence.

(9) To provide new, additional, or corrected information to the agency within the time period specified, the employer may deliver the information to the agency at a location approved by the agency by computerized data exchange or other electronic or non-electronic means approved by the agency.

Notes

Mich. Admin. Code R. 421.205

1979 AC; 1980 AAACS; 1986 AACS; 1998-2000 ACS; 2001 AACS