N.M. Code R. § 11.3.300.320 - WORK SEARCH REQUIREMENT
A. WORK SEARCHES: To qualify for continued
benefits, a claimant must:
(1) be a member of
a union with a hiring hall or a referral hall and meet the union requirements
for job referral or placement;
(a) the
claimant must be a member in good standing at the time of
certification;
(b) the hiring hall
or referral hall must be actively seeking to place its members in employment;
or
(2) actively seek
work by contacting a minimum number of different employers each week during the
week for which benefits are claimed, as directed by department representatives.
It is not mandatory that the work searches occur on different days of the week;
(a) a claimant may contact the same employer
more than one time during a given week, which may count for multiple searches
if the claimant applies for multiple jobs with the same employer so long as the
applications are distinct and separate positions;
(b) a claimant may list jobs applied for
through the New Mexico department of workforce solutions workforce connection
centers, the New Mexico state personnel office (SPO), America's job bank,
Workforce Innovation and Opportunity Act (WIOA) partners and similar programs
as approved from time to time by the department as valid work search contacts
for each week of claim certification;
(3) Other unions may apply for work search
waivers by submitting a request in writing to the secretary, who may upon
discretion make an exception to the work search requirements.
B. in order to qualify for
continued benefits, interstate, if New Mexico is the liable state, claimants
must seek work within the week for which benefits are being claimed and
actively seek work by contacting a minimum of two different employers each
week, or if a union member, actively seek work by contacting the union as
required by the union in order to be eligible for job referral or
placement
C. claimants must keep a
record of the name, address and telephone number or electronic mail address of
each employer contacted in the event of an audit and must retain a copy of any
email confirmation received as a result of applying for a job on-line;
(1) This information must be provided to
department representatives upon request;
(2) the claimant must provide the requested
information no later than 10 calendar days from the date of the department's
request;
(3) the claimant must
provide sufficient information for the department to verify the claimant's work
search efforts. If the claimant is able to provide specific job numbers or
requisition numbers for the job applied for, this information will be
considered sufficient to verify the contact;
(4) failure to provide the required
information without good cause may result in a denial of benefits for the week
in question;
(5) if the information
provided is insufficient to verify a valid work search occurred, benefits for
the week in question will be denied;
(6) if a denial is imposed, the effective
period may include weeks for which the claimant has already been paid benefits.
Such benefits would constitute an overpayment which would be recouped pursuant
to Section
51-1-38
NMSA 1978;
(7) any denial imposed
for failure to provide the required information may be appealed pursuant to
11.3.500.9
NMAC;
D. A claimant
whose work search is deemed inadequate or invalid shall be denied benefits for
the week in question. A rebuttable presumption that the claimant failed to meet
the active work-search requirements for that week will be raised in all cases
where a claimant's work search is deemed inadequate or invalid. In order to
overturn the denial of benefits the claimant shall provide proof that the
claimant did meet the active work-search requirements for that week. If a
denial is imposed, the effective period may include weeks for which the
claimant has already been paid benefits. Such benefits would constitute an
overpayment which would be recouped pursuant to Section
51-1-38
NMSA 1978. Any denial imposed on the basis of an inadequate or invalid work
search may be appealed pursuant to 11.3.300.500.9 NMAC.
E. The department may waive the work search
requirements for claimants who the department determines are on temporary
lay-off status from their regular full-time employment upon receipt of an
assurance from the employer that the lay-off shall not exceed four weeks or
upon receipt of an express offer in writing of substantially full-time work
which will begin within a period not exceeding four weeks. Such waivers shall
apply only to the four-week period covered on the determination. A claimant who
receives a determination granting a waiver for the four-week period shall
promptly transmit any change to the claimant's recall date or start date to the
department. The claimant's eligibility shall then be subject to redetermination
pursuant to Subsection A of
11.3.300.308
NMAC.
F. In cases where the
department determines a claimant is in a temporary lay-off status due to a
government furlough or shutdown, the department may waive the work search
requirements during the period of the temporary lay-off for all affected
claimants.
G. In the event of a
public health emergency declaration issued by the governor, work searches
shall, to the extent permissible by federal law, be waived for all claimants at
the discretion of the secretary until the end of the public health
crisis.
Notes
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