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- Alaska Statutes.
- Title 23. Labor and Workers' Compensation
- Chapter 20. Alaska Employment Security Act
- Section 340. Determination of Claims.
previous: Section 335
. Notice to Employees.
next: Section 345
. Payment of Benefits.
AS 23.20.340. Determination of Claims.
- (a) An examiner designated by the department shall take the claim. The examiner shall take all evidence pertaining to the
eligibility of the claimant and shall promptly transmit all evidence to the department. The department, or a
representative designated by it for the purpose, shall, on the basis of the evidence submitted and any additional
evidence it requires, make an initial determination of the claim as to whether the claimant is eligible for benefits
under AS 23.20.350 and an initial determination of the
weekly benefit amount and the maximum potential benefit amount.
- (b) Within one year from the date of the initial determination of the weekly benefit amount and the maximum potential
benefit amount established under AS 23.20.350
, the department shall reconsider the determination or any subsequent determination under this chapter and shall issue
a redetermination amending the determination if the department finds that
- (1) an error in computation or identity has been made;
- (2) additional wages or other facts pertinent to the claimant's insured status or eligibility for benefits have become
- (3) the determination resulted from a nondisclosure or misrepresentation of a material fact; or
- (4) the determination resulted from a misapplication of law by the department.
- (c) The claimant shall be promptly notified of the initial determination or a subsequent redetermination and the reasons
- (d) Unless the claimant is determined to be disqualified for benefits under AS 23.20.360
, 23.20.362, 23.20.375, 23.20.378 - 23.20.387, or 23.20.505, benefits shall be promptly paid in accordance
with the initial determination or subsequent redetermination.
- (e) The claimant may file an appeal from an initial determination or a redetermination under (b) of this section not later
than 30 days after the claimant is notified in person of the determination or redetermination or not later than 30 days
after the date the determination or redetermination is mailed to the claimant's last address of record. The period for
filing an appeal may be extended for a reasonable period if the claimant shows that the application was delayed as a
result of circumstances beyond the claimant's control.
- (f) If a determination of disqualification under AS 23.20.360
, 23.20.362, 23.20.375, 23.20.378 - 23.20.387, or 23.20.505 is made, the claimant shall be promptly
notified of the determination and the reasons for it. The claimant and other interested parties as defined by
regulations of the department may appeal the determination in the same manner prescribed in this chapter for appeals of
initial determinations and redeterminations. Benefits may not be paid while a determination is being appealed for any
week for which the determination of disqualification was made. However, if a decision on the appeal allows benefits to
the claimant, those benefits must be paid promptly.
- (g) [Repealed, Sec. 80 ch 9 SLA 1980].
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