Section 20-101-300-321.00 - Charging and Non-Charging of Benefits(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.
20 Miss. Code. R. § 101-300-321.00
Miss. Code Ann. §§ 71-5-115 & 71-5-117 (Rev. 2004).