North Carolina Administrative Code

SUBCHAPTER 24B - BENEFITS SECTION .0100 - CLAIMS FOR UNEMPLOYMENT INSURANCE BENEFITS 04 NCAC 24B .0101 FILING A CLAIM (a) An individual shall contact DES by internet or telephone to file a valid initial claim for benefits pursuant to 04 NCAC 24A .0104(a). (b) Prior to receiving a…

04 NCAC 24B .0102 ALTERNATIVE FILING METHODS A claimant shall file an initial claim, or a weekly certification for payment of benefits by mail, delivery service, or facsimile to DES's Central Office in Raleigh, North Carolina. A claimant shall file an initial claim, or a weekly c…

04 NCAC 24B .0103 WEEKLY CERTIFICATIONS (a) After a claimant files an initial claim and establishes a benefit year, the claimant shall file subsequent weekly certifications for payment of benefits by telephone, or internet on DES's website at intervals of no less than 7 and no mo…

04 NCAC 24B .0104 INFORMATION TO BE PROVIDED TO CLAIMANTS FILING A NEW CLAIM A claimant filing a new claim for benefits shall be informed that: (1) unemployment benefits are subject to federal and state income tax; (2) he or she may elect to have federal and state income tax dedu…

04 NCAC 24B .0105 ANTEDATING A valid initial claim shall be retroactively effective to the Sunday of the calendar week during which a claimant would have filed a claim if the failure to file the claim at that time includes the following: (1) a notice of the time and place for fil…

04 NCAC 24B .0106 SUSPENSION OF BENEFITS FOR PROBATION VIOLATORS WHO AVOID ARREST (a) Upon receipt of a valid court order resulting from a probation violation for absconsion or willful avoidance of arrest, DES shall suspend benefits pursuant to the terms outlined by the issuing j…

04 NCAC 24B .0107 VALID JOB CONTACTS (a) Each claimant who has registered for work and filed a claim for unemployment insurance benefits shall actively seek work and make the minimum valid job contacts per week as required under G.S. 96-14.9(e). (b) For job contacts conducted on …

SECTION .0200 - INTERSTATE CLAIMS 04 NCAC 24B .0201 Registration for work (a) The agent state shall register each claimant for work: (1) who files through the agent state for work; or (2) upon notification of a claim filed directly with the liable state, as required by the law, r…

04 NCAC 24B .0202 Benefit rights of interstate claimants (a) If a claimant files a claim against any state, and it is determined by the state that the claimant has benefit wage credits available in the state, then claims shall be filed only against the state as long as benefit wa…

04 NCAC 24B .0203 Claims for benefits (a) Claims for benefits or waiting-period credit filed by an interstate claimant directly with the liable state shall be filed according to the liable state's procedures. Any adjustments required to fit the type of week used by the liable sta…

04 NCAC 24B .0204 Determination of claims (a) In connection with each claim filed by an interstate claimant, the agent state shall compile and report the facts relating to the claimant's availability for work and eligibility for benefits to the liable state. (b) The agent state's…

04 NCAC 24B .0205 APPELLATE PROCEDURE. (a) The agent state shall cooperate in taking evidence and holding hearings in interstate benefit claims appeals. (b) The agent state shall conduct appeal hearings in disputed cases and determine timeliness using the liable state's laws, reg…

04 NCAC 24B .0206 CANADIAN CLAIMS The provisions of this Section apply to all Canadian claims. History Note: Authority G.S. 96-4; Eff. July 1, 2015.

04 NCAC 24B .0207 NOTIFICATION OF INTERSTATE CLAIM (a) The liable state shall notify the agent state of each initial claim, reopened claim file, claim transferred to interstate status, and each weekly claim filed from the agent state. (b) Notice shall be provided using the Inters…

SECTION .0300 - WORK SEARCH REQUIREMENTS 04 NCAC 24B .0301 REQUIREMENTS FOR CLAIMANTS (a) Every claimant shall register for work at www.NCWorks.gov or a public employment office in the state in which you reside, actively seek work, are available for work, and will accept suitable…

04 NCAC 24B .0302 RECORD OF WORK AND WAGES OF CLAIMANTS (a) Each claimant who has registered for work and filed a claim for unemployment insurance benefits shall keep a record of any work performed during any day within a benefit period. Each claimant shall record all work perfor…

SECTION .0400 - ADJUDICATION 04 NCAC 24B .0401 DETERMINATION BY ADJUDICATOR Each adjudicator shall render a written determination resolving any issues related to the claim or protest under G.S. 96-15, which shall include: (1) each issue or question involved; (2) the docket or iss…

04 NCAC 24B .0402 request for SEPARATION information from Employer (a) DES shall provide requests for information regarding a claimant's separation or status to the employer's last known mailing address or email address as reflected in DES's official records. Requests shall be pr…

SECTION .0500 – LABOR DISPUTES 04 NCAC 24B .0501 NOTICE TO EMPLOYER OF LABOR DISPUTE CLAIM When a claimant files a claim for benefits that allegedly involves unemployment due to a labor dispute, DES shall notify the employer of the claim filed within 30 days of receipt. History N…

04 NCAC 24B .0502 EMPLOYER RESPONSE REQUIREMENT (a) Within five days of receiving notice that a claim was filed involving unemployment due to a labor dispute, the employer shall provide the UI Director or designee, with a list containing: (1) the names of all affected employees; …

04 NCAC 24B .0503 DETERMINATION OF LABOR DISPUTE AND REFERRAL FOR HEARING (a) If an issue of unemployment due to a labor dispute exists, the Chief Counsel shall refer the matter in writing to DES's Board of Review or designee for hearing. (b) Hearings involving the issue of unemp…

04 NCAC 24B .0504 ISSUES The issues to be decided in labor dispute hearings may include the following: (1) whether a labor dispute existed, and if so, identification of the beginning and ending dates of the labor dispute, or whether the dispute is ongoing; (2) the reasons for the…

SECTION .0600 – UNEMPLOYMENT INSURANCE BENEFIT OVERPAYMENTS 04 NCAC 24B .0601 NOTICE REQUIREMENT FOR OVERPAYMENT (a) A determination by DES finding an overpayment of benefits to a claimant shall contain: (1) the date the determination was mailed or sent to the claimant by electro…

04 NCAC 24B .0602 BILL FOR REPAYMENT OF OVERPAYMENT (a) If a claimant does not protest an overpayment determination within 30 days, the determination of overpayment shall become final. DES shall mail a bill to the claimant for the amount of the overpayment owed after a final dete…

04 NCAC 24B .0603 WAGE AUDIT NOTICE FOR EMPLOYERS (a) DES shall mail a Wage Audit Notice to an employer requesting information for investigating a potential claimant overpayment whenever a discrepancy or question to that claimant's eligibility for unemployment benefits exists. Th…

SECTION .0700 – REQUEST FOR WAIVER OF OVERPAYMENT 04 NCAC 24B .0701 WAIVER OF REPAYMENT OF NONFRAUDULENT OVERPAYMENT (a) Claimants may petition DES for a waiver of non-fraud unemployment insurance overpayments as provided in Rule .0601 of this Subchapter. (b) A request for waiver…

04 NCAC 24B .0702 WAIVER OF REPAYMENT OF FRAUDULENT OVERPAYMENT DES shall not waive repayment of overpayment of any State or federal unemployment insurance benefits caused by a claimant's fraud as defined under G.S. 96-18. History Note: Authority G.S. 96-4; 96-18; Eff. July 1, 20…

04 NCAC 24B .0703 DECISION AND CONSIDERATION OF WAIVER PETITIONS (a) The Assistant Secretary or designee shall consider the degree of the claimant's fault in creating the overpayment and any other matters tending to show that collection of the overpayment would be against equity …

04 NCAC 24B .0704 FACTORS IN DETERMINING EQUITY AND GOOD CONSCIENCE (a) DES shall consider the following factors: (1) whether the overpayment resulted from a decision on appeal and whether there was notice to the claimant that the case had been appealed; (2) whether there has bee…

04 NCAC 24B .0705 FACTORS IN DETERMINING FAULT (a) In determining whether fault exists in any overpayment of state or federal compensation, the following factors shall be considered: (1) whether the claimant made or caused another to make a material statement or representation in…

SECTION .0800 - INTERSTATE OVERPAYMENT RECOVERY 04 NCAC 24B .0801 DUTIES OF THE REQUESTING STATE The requesting state shall: (1) send the recovering state a request for overpayment recovery assistance that shall include: (a) certification that the overpayment is collectible under…

04 NCAC 24B .0802 DUTIES OF RECOVERING STATE In recovering state or federal benefit overpayments, the recovering state shall: (1) issue an overpayment recovery determination to the claimant that shall include the following: (a) statutory authority for the offset; (b) identity of …

04 NCAC 24B .0803 DUTIES OF PAYING STATE (a) In recovering outstanding overpayments in the transferring state, the paying state shall: (1) offset any outstanding overpayment it receives from a transferring state prior to honoring any request from any other Interstate Reciprocal O…

04 NCAC 24B .0804 WITHDRAWALS OF COMBINED WAGE CLAIMS (a) Withdrawal of a combined wage claim after benefits have been paid shall only be permitted where the combined wage claimant has repaid benefits overpaid, or authorizes the new liable state to offset the overpayment. (1) The…

SECTION .0900 - SETOFF DEBT COLLECTION ACT 04 NCAC 24B .0901 SETOFF DEBT COLLECTION ACT NOTICE TO CLAIMANT (a) Consistent with G.S. 105A-8, DES shall provide written notice to the debtor within 10 days after receiving the debtor's refund. (b) The notice shall include: (1) the cla…

04 NCAC 24B .0902 CLAIMANT SETOFF DEBT COLLECTION ACT HEARINGS (a) A claimant debtor may file an appeal from a notice to claim his or her State income tax refund pursuant to a North Carolina Department of Revenue Offset Letter in accordance with 04 NCAC 24A .0104(h). (b) Rule 04 …

SECTION .1000 - TREASURY OFFSET PROGRAM 04 NCAC 24B .1001 NOTICE TO CLAIMANT OF REFERRAL TO TOP (a) Consistent with 31 U.S.C. 3716, DES shall notify the claimant by mail of its intent to refer the debt to the Treasury Offset Program (TOP) at least 60 days before submitting the de…

04 NCAC 24B .1002 CLAIMANT REEVALUATION OF DEBT (a) A claimant requesting a reevaluation of his or her debt shall submit a written request to DES's Benefits Integrity Unit pursuant to 04 NCAC 24A .0104(j). (1) The written request shall explain why the debt should not be referred …

SECTION .1100 - NATIONAL DIRECTORY OF NEW HIRES 04 NCAC 24B .1101 NDNH Claimant NOTICE (a) When DES receives NDNH information that a claimant has returned to work, DES shall send written notice to the claimant requesting employment and wage information. The notice shall inform th…

04 NCAC 24B .1102 NDNH EMPLOYER NOTICE (a) When DES receives NDNH information that a claimant has returned to work, DES shall send written notice to the potential employer requesting employment and wage information. The notice shall: (1) inform the employer that DES is conducting…

04 NCAC 24B .1103 CLAIMANT RESPONSE TO REQUEST FOR EMPLOYMENT AND WAGE INFORMATION (a) If a claimant fails to respond to DES's request for employment and wage information within 14 days of the date that the notice was mailed or sent by electronic transmission to the claimant, DES…

04 NCAC 24B .1104 EMPLOYER RESPONSE TO REQUEST FOR EMPLOYMENT AND WAGE INFORMATION (a) If an employer fails to respond to DES's request for employment and wage information within 14 days of the date that the request was mailed or sent by electronic transmission to the employer, s…

SUBCHAPTER 24C - initial appeals from determination SECTION .0100 – GENERAL INITIAL APPEALS INFORMATION 04 NCAC 24C .0101 APPEAL DATE ESTABLISHED BY TESTIMONY (a) A party shall be allowed to establish an appeal date earlier than a postal meter date, or the date of a document only…

04 NCAC 24C .0102 TIMELINESS EXCEPTION Timeliness sanctions shall be waived by the Appeals Referee when DES or an agent state representative gives misleading information on appeal rights to a party, if the party: (1) establishes what he or she was told was misleading and how he o…

04 NCAC 24C .0103 BASE PERIOD EMPLOYER DENIED NONCHARGING A base period employer who was not the claimant's last employer may file an appeal from a determination denying noncharging of benefits to its account as provided in 04 NCAC 24A .0104(s). The claimant is not a party with a…

04 NCAC 24C .0104 EMPLOYER PARTY TO DETERMINATION An employer may file an appeal from a determination that affects a claimant's entitlement to benefits if the employer is a party to the determination. Only one employer shall be a party with appeal rights to a proceeding. (1) An e…

SECTION .0200 – INITIAL APPEALS HEARING 04 NCAC 24C .0201 APPEARANCE BY PARTY An appearance by a party to an appeals hearing includes offering testimony, questioning witnesses, and presenting oral arguments. A submission of written documents or observation of the proceedings shal…