12- 172 C.M.R. ch. 20, § 3

Current through 2024-51, December 18, 2024

Section 172-20-3 - Period of ineligibility

For purposes of subsection 6 of section 1193 of the Employment Security Law, where the deputy determines that unemployment fraud or misrepresentation has occurred, and it is the first or second occurrence,the period of ineligibility will be not less than six (6) months nor more than one (1) year from the mailing date of the determination. In the case of a third occurrence, the claimant shall be disqualified from receiving benefits for a period of time to be determined by the Commissioner of Labor. The ineligibility for a third occurrence shall be for an indefinite time period unless the claimant submits a written request to the Commissioner seeking that the period of ineligibility be shortened or rescinded. The Commissioner will render a written determination. The length of the period of ineligibility is discretionary, and will be determined after a total consideration of all factors which are involved in the case, including but not limited to, the following:

A. Number of weeks of violation.

B. Amount of earnings which were unreported.

C. Whether the claimant failed to report any earnings at all, or under-reported his or her earnings.

D. Reason for failure to report any earnings.

E. Whether an unreported separation or false report of the reason for separation was involved.

F. The amount of the overpayment.

G. The existence of any previous final determination(s) of unemployment fraud or misrepresentation involving the claimant.

12- 172 C.M.R. ch. 20, § 3