N.J. Admin. Code § 12:18-3.7

Current through Register Vol. 56, No. 18, September 16, 2024

Section 12:18-3.7 - Notice required from employers

(a) Within 10 days after the mailing of a request for information with respect to a period of disability, an employer shall furnish the Division with any information requested or known to him or her which may bear upon the eligibility of the claimant.

(b) If any employer or employing unit fails to respond to the request for information within 10 days after the mailing of such request, the Division shall rely entirely on information from other sources, including an affidavit completed by the claimant to the best of his or her knowledge and belief with respect to his or her wages and time worked. If it is determined that any information in such affidavit is erroneous, no penalty shall be imposed on the claimant except in the event of fraud.

(c) Any employer failing to respond to a request for information within the prescribed time period shall be subject to the penalties provided under 43:21-55(b).

(d) The employer, within two working days after receipt of the decision of eligibility, shall furnish the Division with any information known to him or her bearing upon the eligibility of the claimant or duration of payments to be made.

(e) If after receipt of a decision of eligibility an employer acquires information which may render the claimant ineligible for benefits or reduce the rate or amount of benefits, such employer shall immediately forward the information to the Division.

(f) Whenever a decision of eligibility with respect to a period of disability is based upon information other than that supplied by an employer because such employer failed to respond to a request for information, such decision of eligibility and any subsequent determination thereunder shall be incontestable by the non-complying employer, as to any charges to his or her employer's account under 43:21-7(e) for benefits paid prior to the close of the calendar week following the receipt of his or her reply. Such decision of eligibility shall be altered if necessary upon receipt of information from the employer, and any benefits paid or payable with respect to weeks or parts thereof occurring subsequent to the close of the calendar week following the receipt of the employer's reply shall be paid in accordance with such altered decision of eligibility.

N.J. Admin. Code § 12:18-3.7

Amended by R.1994 d.241, effective 5/16/1994.
See: 26 New Jersey Register 1326(a), 26 New Jersey Register 2131(a).
Amended by R.1998 d.157, effective 4/6/1998.
See: 30 New Jersey Register 12(a), 30 New Jersey Register 1288(a).
In (a), substituted "10 days" for "seven days" following "Within", and deleted "commencing on or after January 1, 1953" following "disability"; rewrote (b); inserted a new (c); recodified former (c) and (d) as (d) and (e); and recodified former (e) as (f), and deleted "commencing after December 31, 1952" following "disability".