(A) Benefits paid
to a claimant will be charged or non-charged as set forth in Section
71-5-355(2)
(b)(ii) the Law.
(B) An employer shall be eligible for
non-charging as provided in (A) above only when they have furnished the Agency
with notice regarding the separation from work or refusal to accept an offer of
suitable work, whichever is applicable, in the manner and within the time
required, by one of the following methods:
(1) The employer has, within ten (10) days
from the mailing date or date of electronic delivery of Notice to Employer of
Claim Filed and Request for Information (Form UI-21A) to submit to the Agency a
written statement showing the date and detailed reason for the separation or
the date and details with respect to the refusal of an offer of suitable
employment from such employer, whichever is applicable, identifying the
individual involved by name and Social Security account number. Failure to
furnish such information within the time required will result in the employer
being denied eligibility for the relief of charges as provided in the
referenced section of the Law.
(2)
The employer has ten (10) days from the date of the refusal of an offer of
suitable employment to notify the Agency in writing of such refusal, giving the
date and details with respect thereto.
(C) When an employer has furnished the Agency
with notice regarding the separation from work or refusal to accept an offer of
suitable work, within the time and in the manner prescribed, a decision
regarding the chargeability to the employer's experience rating record will be
issued. This determination will be final unless the employer files an appeal
within fourteen (14) days from the regular mailing date or electronic mailing
date or notification of the decision.
The appeal will be heard in accordance with Section
71-5-519
of the Law. After affording all interested parties an opportunity for a fair
hearing, a decision will be issued to affirm, modify or reverse the
determination. That decision will become final unless within fourteen (14) days
after the mailing or notification of such decision an appeal is filed to the
Board of Review.
Any decision of the Board of Review will become final ten
(10) days after the date of mailing or notification of that decision. Any party
may secure judicial review in accordance with Section
71-5-531
of the Law by commencing action in the circuit court. The circuit court to
which action should be pursued is that of the county in which the plaintiff
resides, or the county in which the action occurred.
