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Title 8 . Labor and Workforce Development
Chapter 85 . State Employment Training Program
Section 85. Nonmonetary determinations

8 AAC 85.085. Nonmonetary determinations

The division will issue determinations of eligibility concerning acts or circumstances which may disqualify a claimant under AS 23.20.360 - 23.20.387, 23.20.505, and this chapter in accordance with the following procedures:

(1) An examiner designated by the director will obtain all information necessary to make the determination.

(2) Each interested party, as defined in this chapter, will be given notice that an issue of eligibility exists, and will be allowed a reasonable period of time to provide information requested by the division or to submit relevant information of his own.

(3) If information is required from a claimant regarding a specific issue of eligibility, the division will

(A) advise the claimant of the nature of the issue;

(B) inform the claimant that an eligibility determination must be made;

(C) instruct the claimant on where and how the necessary information must be provided; and

(D) advise the claimant that, if the claimant is unable for good cause to report to an office of the division for an interview, the claimant may respond by

(i) telephone;

(ii) mail; or

(iii) electronic means, if available from the division.

(4) Before a determination is issued, each interested party will be provided an opportunity to answer any information adverse to his interests which has been obtained from another interested party or from any other source.

(5) The determination, and the reasons for it, will be issued in writing by the examiner to each interested party.

(6) A written redetermination will be issued under AS 23.20.340 (b) at any time within one year after the date of the initial determination made under AS 23.20.340 (a) if additional information from any source shows the original determination to be in error. However, a redetermination will not be issued until each interested party is given an opportunity to answer any additional information that is adverse to the party's interests.

History: Eff. 11/7/80, Register 76; am 10/12/97, Register 144; am 3/4/2006, Register 177

Authority: AS 23.20.045

AS 23.20.340


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Last modified 7/05/2006