Chapter 383 — Chapter 383

§383-29 Eligibility for benefits. (a) An unemployed individual shall be eligible to receive benefits with respect to any week only if the department finds that: For the purposes of this subsection, employment and wages used to establish a benefit year shall not thereafter be reus…

§383-29.5 Benefits during training. (a) Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits for any week because that individual is in training approved under section 236(a)(1) of the Trade Act of 1974, because an indivi…

§383-29.7 Partial unemployment; claim filing requirements, determinations. (a) Claims for partial unemployment shall be filed according to section 383-32. (b) Continued claim certifications for partial unemployment benefits shall be filed in the same manner and extent that apply …

§383-29.8 Partial unemployment; waivers. (a) The registration for work requirements under section 383-29(a) shall be waived for individuals who are partially unemployed, as defined in section 383-1. (b) An individual shall be exempted from the work search requirements as determin…

§383-3 Place of performance. "Employment" includes an individual's entire service, performed within or both within and without this State if: Notwithstanding any other provisions of this section, the term employment also includes all service performed after June 30, 1946, by an o…

§383-30 Disqualification for benefits. An individual shall be disqualified for benefits:

§383-30.5 Good cause for separation from part-time employment. (a) In applying the provisions of section 383-30(1), an individual who has established eligibility based on full-time employment may be found to have good cause for voluntarily separating from subsequent part-time emp…

§383-31 Posting of information. Each employer shall post and maintain in places readily accessible to individuals in the employer's employ printed statements concerning benefit rights, claims for benefits, and such other matters relating to the administration of this chapter as t…

§383-32 Filing of claim. Claims for benefits shall be made in accordance with such regulations as the department of labor and industrial relations may prescribe. [L 1939, c 219, §6(b); am L 1941, c 304, §1, pt of subs 18; RL 1945, §4233; RL 1955, §93-31; am L Sp 1959 2d, c 1, §27…

§383-33 Determinations, in general. (a) A determination upon a claim filed pursuant to section 383-32 shall be made promptly by a representative of the department of labor and industrial relations authorized to make determinations upon claims and shall include a statement as to w…

§383-34 Reconsideration of determination. (a) In the absence of appeal and within ten days after mailing or delivery of notice of the original determination made pursuant to section 383-33 to the parties entitled thereto, the department of labor and industrial relations may, for …

§383-35 Appeal pending when redetermination issued. In the event that an appeal involving a determination or a prior redetermination is pending as of the date a redetermination thereof is issued, the appeal, unless withdrawn, shall be treated as an appeal from such redeterminatio…

§383-36 Notice of determinations. [Section effective until March 31, 2027. For section effective April 1, 2027, see below.] Notice of a determination or redetermination upon a claim shall be promptly given to the claimant, by delivery thereof or by mailing the notice to the claim…

§383-37 Appeal tribunal. Appeals from determinations and redeterminations with respect to benefits shall be heard by an impartial referee for unemployment compensation appeals, who shall serve as the appeal tribunal. The referee shall be appointed as provided by section 383-98. […

§383-38 Appeals, filing, and hearing. [Section effective until March 31, 2027. For section effective April 1, 2027, see below.] (a) The claimant or any other party entitled to notice of a determination or redetermination as herein provided may file an appeal from the determinatio…

§383-39 Procedure. The representatives of the department of labor and industrial relations authorized to make determinations upon claims and the referee shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing or appeal b…

§383-4 Election of employing unit. Services covered by an election pursuant to section 383-77 and services covered by an arrangement pursuant to sections 383-106 to 383-109 between the department of labor and industrial relations and the agency charged with the administration of …

§383-40 Conclusiveness of determinations and decisions. Except insofar as reconsideration of any determination or redetermination is had under sections 383-33 to 383-36, any right, fact, or matter in issue, directly passed upon or necessarily involved in a determination or redete…

§383-41 Judicial review. The director of labor and industrial relations or any party to the proceedings before the referee may obtain judicial review of the decision of the referee in the manner provided in chapter 91, by instituting proceedings in the circuit court of the circui…

§383-42 Representation. The department of labor and industrial relations shall be a party and be entitled to notice in any proceeding involving a claim for benefits before the referee. In any proceeding for judicial review pursuant to section 383-41, the department may be represe…

§383-43 Payment of benefits. Benefits shall be paid promptly in accordance with a determination, redetermination, or decision on appeal. No injunction, supersedeas, or stay suspending the payment of benefits in accordance with the determination, redetermination, or decision on ap…

§383-44 Recovery of benefits paid. (a) Any individual who has received any amount as benefits under this chapter to which the individual was not entitled shall be liable for the amount unless the overpayment was received without fault on the part of the recipient and its recovery…

§383-45 Governing provisions. The procedure with respect to the filing of claims and with respect to determination and redeterminations thereupon and with respect to appeals from such determinations and redeterminations and with respect to judicial review of decisions on such app…

§383-5 Service localized where. Service shall be deemed to be localized within a state, if:

§383-6 Master and servant relationship, not required when. Services performed by an individual for wages or under any contract of hire shall be deemed to be employment subject to this chapter irrespective of whether the common law relationship of master and servant exists unless …

PART III. CONTRIBUTIONS AND COVERAGE §383-61 Payment of contributions; wages not included. (a) Contributions with respect to wages for employment shall accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter. The contribu…

§383-62 Rate of contributions; financing benefits paid to government employees and employees of nonprofit organizations. (a) Except as otherwise provided in this section, each employer shall pay contributions determined in accordance with sections 383-66 and 383-68. Notwithstandi…

§383-63 Definitions for experience rating provisions. As used in sections 383-63 to 383-69: "Adequate reserve fund" means an amount that is equal to the amount derived by multiplying the benefit cost rate that is the highest during the ten-year period ending on November 30 of eac…

§383-64 Credits for contributions; destruction of employer accounts and records. (a) The director shall maintain a separate account for each employer and shall credit the employer's account with all the contributions paid by the employer as of the date of payment. Nothing in this…

§383-65 Charges and noncharges for benefits. (a) Except as otherwise provided in subsection (b), benefits paid to an individual shall be charged against the accounts of the individual's base period employers and the amount of benefits so chargeable against each base period employ…

§383-66 Contribution rates, how determined. (a) The department, for the nine-month period April 1, 1941, to December 31, 1941, and for each calendar year thereafter, except as otherwise provided in this part, shall classify employers in accordance with their actual experience in …

§383-67 Reserve ratio. For the calendar year 1970 and for each calendar year thereafter, an employer's reserve ratio shall be determined by dividing the employer's most recent reserve balance by the employer's most recent average annual payroll. The ratio shall be rounded to the …

§383-68 Contribution rate schedules; fund solvency rate schedule; rates based on experience. (a) Before December 31 of each year the fund solvency contribution rate applicable for the following calendar year shall be determined on the basis of the relationship between the most re…

§383-69 Procedure for rate determination. The department of labor and industrial relations, as soon as is reasonably possible in each period, shall make its classification of employers for the period and notify each employer of the employer's rate of contributions for the period …

§383-7 Excluded service. (a) "Employment" shall not include: (b) None of the exclusions in subsection (a) shall apply to any service with respect to which a tax is required to be paid under any federal law imposing a tax against which credit may be taken for contributions require…

§383-70 Contributions; levy; returns; assessments. (a) Contributions are hereby levied against employers as provided in this chapter. Except as may be provided to the contrary in accordance with such regulations as the department of labor and industrial relations may prescribe, c…

§383-71 Collection of delinquent contributions. (a) Civil action. If any employer is in default in the payment of any contributions required to be paid by the employer pursuant to this chapter, the director of labor and industrial relations may, when the amount of the contributio…

§383-72 Priorities under legal dissolutions or distributions. In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this State, including any receivership, assignment for benefit of creditors, adjudicated insolvency, composit…

§383-73 Penalty for delinquency; remission. (a) A penalty of ten per cent or $100, whichever is greater, shall be added to the amount of all delinquent contributions, as hereafter defined, and any delinquent contribution and penalty remaining unpaid fifteen days after the date of…

§383-74 Appeal; correction of assessment or contributions. Any person aggrieved by any assessment of a contribution or a penalty or contributions assessed pursuant to this chapter, having paid the contribution or penalty, may appeal from the assessment by filing a written notice …

§383-75 Compromise. In case there is at any time any dispute with respect to the liability, for any period or periods, of any employing unit or employing units for the payment of any contribution or contributions under this chapter which have not been paid, or for the payment of …

§383-76 Refunds and adjustments. (a) If not later than four years after the date of payment of any amount as a contribution or contributions or interest thereon or penalty with respect thereto, an employing unit which has made such payment erroneously makes application for an adj…

§383-77 Employers' coverage, election. Any employing unit, for which services that do not constitute employment as defined in this chapter are performed, may file with the department of labor and industrial relations a written election that all such services performed with respec…

§383-78 REPEALED. L 1982, c 20, §3.

§383-79 Combining services performed for predecessor and successor employing units. If any employing unit succeeds to or acquires the organization or business of another, the number of employees performing a service and the number of weeks during which the service is performed fo…

§383-8 Included and excluded service. If the services performed during one-half or more of any pay period by an individual for the person employing the individual constitute employment, all the services of the individual for the period shall be deemed to be employment; but if the…

§383-9 Agricultural labor. "Agricultural labor" includes all service performed prior to January 1, 1972, which was agricultural labor as defined in this section prior to such date, and remunerated service performed after December 31, 1971: As used in this section, "farm" includes…

PART IV. ADMINISTRATION §383-91 Duties and powers of department, director. (a) The department of labor and industrial relations, herein referred to as the "department" shall administer this chapter through the director of labor and industrial relations pursuant to chapter 371. Th…

§383-92 Rules and regulations. The director of labor and industrial relations may adopt, amend, or repeal such rules and regulations as the director deems necessary or suitable for the administration of this chapter. The rules and regulations when prescribed in accordance with ch…

§383-93 Investigation of unemployment hazard. The department of labor and industrial relations shall investigate and report upon the degree of unemployment hazard in various industries and occupations and shall recommend to employers in industries or occupations showing an unusua…