Section Emp 211.01 - Required Department Actions(a) When the department becomes aware of information that creates an issue concerning a claimant's eligibility to continue receiving unemployment compensation benefits, the department shall inform the claimant of the possibility that the claimant might receive a determination denying benefits.(b) After such notification in (a), the department shall: (1) Conduct fact-finding by asking the claimant and/or other parties questions about the issue; and(2) Assess the information received.(c) If the information received has an effect on past, present or future eligibility, the department shall issue a determination of eligibility to the interested parties in accordance with RSA 282-A. The determination shall include the right to appeal and the opportunity for a hearing regarding the issue denying the claimant's continued eligibility to receive unemployment compensation benefits.(d) If the claimant appeals the determination the department shall notify the claimant of the option to either:(1) Continue receiving benefit payments for any week denied by the determination until the appeal tribunal rules on the appeal in accordance with Emp 207; or(2) Allow benefit payments to be suspended until the appeal tribunal makes a decision on his or her claim.(e) If the appeal tribunal finds the claimant eligible, the claimant shall receive all benefits pending during the weeks suspended and those going forward from the date of the appeal tribunal decision, if the claimant is otherwise eligible.(f) If the claimant elects the option in Emp 211.01(d) (1) and after a final decision on appeal, he or she is found ineligible for those weeks, the department shall determine whether the individual is with fault in causing the overpayment in accordance with Emp 502.03.N.H. Admin. Code § Emp 211.01
Amended by Volume XLII Number 41, Filed October 13, 2022, Proposed by #13449, Effective 9/21/2022, Expires 9/21/2032