8 AAC 85.380. Disqualification for misrepresentation

(a) A disqualification under AS 23.20.387 begins with the week in which the department makes the determination of disqualification, and may not exceed 52 weeks. The period of disqualification is at least six weeks for each week affected by the false statement, misrepresentation, or failure to report a material fact. Additional weeks of disqualification will be imposed if the circumstances of the case require an increased penalty.

(b) To determine the period of disqualification under AS 23.20.387 the department will consider

(1) the seriousness of the false statement, misrepresentation, or failure to report a material fact;

(2) the amount of benefits affected by the false statement, misrepresentation, or failure to report a material fact; and

(3) the extent to which the disqualification would deter others from committing a similar offense.

(c) The period of disqualification under AS 23.20.387 is 52 weeks if the claimant has been previously disqualified, within five years of the date of the determination, for making a false statement or misrepresentation, or failing to report a material fact.

History: Eff. 11/7/80, Register 76; am 3/27/82, Register 81

Authority: AS 23.20.045

AS 23.20.387

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