Section Emp 502.09 - Penalty Weeks under RSA 282-A:164(a) "Count" means: (1) An act or omission, or combination of actions or omissions, which constitutes willfully making a false statement or representation or knowingly failing to disclose a material fact under RSA 282-A:164; and(2) Failure to report to the department upon filing for a week of benefits a prior count under (a)(1) above which, if revealed to the department, would have disqualified the claimant from receiving benefits for the week for which the individual was filing, if such individual certified in the filing for such week that the individual had not previously provided false information or failed to disclose information about the individual's employment history, employment status, earnings, availability for work, or anything else affecting the individual's eligibility for benefits.(b) The department shall have the burden to prove a count by clear and convincing evidence.(c) "Penalty week" means one of the 4 to 52 weeks of ineligibility imposed on an individual determined to have committed an act or omission under RSA 282-A:164.(d) Individuals who within 6 years of an initial determination issued under RSA 282-A:164 have neither, previously been convicted under RSA 282-A:161, nor previously been finally determined to have committed an act under RSA 282-A:164, shall be assessed 4 penalty weeks for each count meeting the definition in (a)(1) above concerning: (1) Refusal of suitable work;(3) Unavailability to work;(5) Any other count not included under paragraphs (e) or (f).(e) Individuals who within 6 years of an initial determination issued under RSA 282-A:164 have neither, previously been convicted under RSA 282-A:161, nor previously been finally determined to have committed an act under RSA 282-A:164, shall be assessed 6 penalty weeks for each count meeting the definition in (a)(1) above concerning: (2) Unreported, or under reported, receipt of earnings;(3) Unreported, or under reported, receipt of vacation pay, holiday pay, severance pay, bonus pay, or similar pay;(4) Voluntary quit of suitable work; or(5) Misconduct discharge.(f) Individuals who within 6 years of an initial determination issued under RSA 282-A:164 have neither, previously been convicted under RSA 282-A:161, nor previously been finally determined to have committed an act under RSA 282-A:164, shall be assessed 8 penalty weeks for each count meeting the definition in (a)(1) above concerning: (1) Unreported work and earnings, including self-employment; or(g) Individuals who within 6 years of an initial determination issued under RSA 282-A:164 have neither, previously been convicted under RSA 282-A:161, nor previously been finally determined to have committed an act under RSA 282-A:164, shall be assessed 2 penalty weeks for each count meeting the definition in (a)(2) above.(h) Individuals who within 6 years of an initial determination under RSA 282-A:164 have either previously been convicted under RSA 282-A:161, or previously been finally determined to have committed an act under RSA 282-A:164 shall be assessed 52 penalty weeks for any count meeting the definition in (a)(1) above.(i) In a decision under RSA 282-A:164, the total number of penalty weeks imposed pursuant to paragraphs (d) through (h) above shall not exceed the statutory maximum of 52 weeks.(j) A decision under RSA 282-A:164, which is appealable to the appeal tribunal, shall comply with Emp 211.N.H. Admin. Code § Emp 502.09
Adopted byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10708, Effective 10/27/2014, Expires 10/27/2024.