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- Alaska Statutes.
- Title 23. Labor and Workers' Compensation
- Chapter 20. Alaska Employment Security Act
- Section 387. Disqualification For Misrepresentation.
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AS 23.20.387. Disqualification For Misrepresentation.
- (a) An insured worker is disqualified for benefits for the week with respect to which the false statement or
misrepresentation was made and for an additional period of not less than six weeks or more than 52 weeks if the
department determines that the insured worker has knowingly made a false statement or misrepresentation of a material
fact or knowingly failed to report a material fact with intent to obtain or increase benefits under this chapter. The
length of the additional disqualification and the beginning date of that disqualification shall be determined by the
department according to the circumstances in each case.
- (b) A person may not be disqualified from receiving benefits under this section unless there is documented evidence that
the person has made a false statement or a misrepresentation as to a material fact or has failed to disclose a material
fact. Before a determination of fraudulent misrepresentation or nondisclosure may be made, there must be a
preponderance of evidence of an intention to defraud, and the false statement or misrepresentation must be shown to be
knowing and to involve a material fact.
- (c) The insured worker shall be notified of the department's determination under this section as provided in AS 23.20.340
(f) and may appeal the determination as provided in AS 23.20.415
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