Title 40, Title 40 — Labor

NOTICE OF REFEREE DECISION. The parties shall be promptly notified of such referee's decision and shall be furnished with a copy of the decision, including the findings and conclusions in support thereof. The decision shall be provided to the party by the agency's digital portal …

Review. APPEALS FROM TRIBUNAL REFEREE DECISIONS TO BOARD OF REVIEW. The Board of Review shall review the record of an appeal filed by any of the parties entitled to notice on a determination of an appeal tribunal referee. On appeal, the Board of Review may affirm, modify, reverse…

RULES AND PROCEDURES IN APPEALS. The Board of Review shall adopt reasonable rules governing the manner of filing appeals and the conduct of hearings and appeals before the Board of Review, consistent with the provisions of the Employment Security Act of 1980. The Oklahoma Employm…

CONCLUSIVENESS OF DETERMINATIONS AND DECISIONS. Except insofar as reconsideration of any determination is had under Section 2-506 of this title, any right, fact, or matter in issue, directly passed upon or necessarily involved in a determination or redetermination which has becom…

RULE OF DECISION. A final decision of the Board of Review and the principles of law declared in arriving at such decision, unless expressly or impliedly overruled by the passage of a more recent statute, by a later decision of the Board of Review, or by a court of competent juris…

JUDICIAL REVIEW. A. Within the thirty (30) days after the day a notice of decision of the Board of Review is mailed to the parties, the Oklahoma Employment Security Commission, or any party to the proceedings before the Board of Review, may obtain judicial review by filing in the…

Any findings of fact or law, judgment, conclusion or final order made by the Oklahoma Employment Security Commission, its referees, the Appeal Tribunal or Board of Review in an unemployment insurance proceeding shall not be conclusive or binding in any separate or subsequent acti…

COMMISSION IS A PARTY. The Commission shall be a party to and entitled to notice in any proceeding involving a claim for benefits before a referee or the Board of Review. In any proceeding for judicial review the Commission may be represented by any attorney employed by the Commi…

PAYMENT OF BENEFITS. Benefits shall be promptly paid on any claim in accordance with a determination or redetermination or the decision of a referee, the Board of Review or a reviewing court upon the issuance of the determination, redetermination or decision, regardless of the pe…

BENEFIT OVERPAYMENTS. An overpayment of unemployment benefits shall be classified in one of three ways with recovery and recoupment to be conducted as follows: 1. Fraud overpayment: in which an individual intentionally makes a false statement or representation or fails to disclos…

WAIVER OF APPEAL TIME. All time periods provided for appeals pursuant to the provisions of Article 2 of the Employment Security Act of 1980 may be waived for good cause shown up to one (1) year after the date of the determination or redetermination; provided, this waiver shall no…

Any interest, or any portion thereof, that accrues pursuant to the provisions of Section 2-613 of Title 40 of the Oklahoma Statutes, may be waived by the Oklahoma Employment Security Commission provided the failure of the claimant to remit payment at the time a determination of o…

NOTICE OF OVERPAYMENT DETERMINATION. A. If the Oklahoma Employment Security Commission or its representative determines that an individual has been overpaid unemployment benefits pursuant to Section 2-613 of this title for fraud overpayment or claimant error overpayment, the indi…

WARRANT OF LEVY AND LIEN. A. If the notice of overpayment determination issued pursuant to Section 2-616 of this title becomes final due to a lack of appeal or if the determination is affirmed on appeal, and if the amount due is not paid within ninety (90) days of the date that t…

LEVY ON INCOME AND MONETARY ASSETS. A. As used in this section, the following words have the following meanings: 1. "Bank" means any state bank or banking association, national bank or banking association, savings and loan company, credit union, or any other financial institution…

collections. TREASURY OFFSET PROGRAM – BENEFIT OVERPAYMENT COLLECTIONS. A. The Oklahoma Employment Security Commission shall be authorized to collect unemployment benefit overpayment indebtedness through the Tax Offset Program of the U.S. Department of the Treasury pursuant to 26…

DEFINITIONS OF TERMS APPLICABLE TO EXTENDED BENEFITS. The words and phrases used in this Part shall, unless the context clearly requires otherwise, have the meanings prescribed in this part. Added by Laws 1980, c. 323, § 2-701, eff. July 1, 1980.

APPLICABILITY. The provisions of this part shall apply to the Extended Benefits Program. Added by Laws 1980, c. 323, § 2-702, eff. July 1, 1980.

EXTENDED BENEFIT PERIOD. "Extended benefit period" means a period which shall: (1) begin with the third week after the first week for which there is a state "on" indicator; and (2) end with either of the following weeks, whichever occurs later: (a) the third week after the first …

STATE "ON" INDICATOR. There is a "state 'on' indicator" for this state for a week if the Oklahoma Employment Security Commission determines, in accordance with the regulations of the Secretary of Labor of the United States, that for the period consisting of such week and the imme…

STATE "OFF" INDICATOR. There is a "state 'off' indicator" for this state for a week if the Commission determines, in accordance with the regulations of the Secretary of Labor of the United States, that for the period consisting of such week and the immediately preceding twelve (1…

RATE OF INSURED UNEMPLOYMENT. "Rate of insured unemployment", for purposes of Sections 2-706 and 2-707 of this title, means the percentage derived by dividing: (1) the average weekly number of weeks claimed for weeks of unemployment for regular benefits, including interstate clai…

EXTENDED BENEFITS. "Extended benefits" mean benefits, including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. Chapter 85, payable to an individual under the provisions of this Part 7 for weeks of unemployment, as defined by this act, in …

EXHAUSTEE. A. "Exhaustee" means an individual who, with respect to any week of unemployment in his eligibility period: (1) has received, prior to such week, all the regular benefits payable to him according to the monetary determination for his current benefit year that includes …

EXTENDED BENEFITS. Except when the result would be inconsistent with the other provisions of this section, as provided in the rules of the Commission, the provisions of this act which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the paym…

ELIGIBILITY FOR EXTENDED BENEFITS. A. An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the eligibility period of the individual only if the Commission finds that with respect to such week: 1. The individual is an "exhaustee"…

WEEKLY EXTENDED BENEFIT AMOUNT. (1) The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit amount payable to him for a week of total unemployment during his current bene…

TOTAL AMOUNT OF EXTENDED BENEFITS PAYABLE. The total extended benefit amount payable to any eligible individual with respect to his applicable benefit year shall be the least of the following amounts: (1) fifty percent (50%) of the total amount of regular benefits which were paya…

PUBLIC ANNOUNCEMENT OF EXTENDED BENEFIT PERIOD. Whenever an extended benefit period is to become effective in this state, as a result of a state "on" indicator, or an extended benefit period is to be terminated in this state as a result of state "off" indicators, the Commission s…

COMMISSION TO MAKE COMPUTATIONS. Computations required by the provisions of this part shall be made by the Commission, in accordance with regulations prescribed by the Secretary of Labor of the United States. Added by Laws 1980, c. 323, § 2-719, eff. July 1, 1980.

COMMISSION TO ENSURE COMPLIANCE. In the administration of the provisions of this Part which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, and the Unemployment Compensation Amendments of 1976, the Commission shall…

EMPLOYERS NOT LIABLE FOR REIMBURSED PAYMENTS. Notwithstanding any other provisions of this act no employer shall be liable for payments in lieu of contributions with respect to extended benefit payments which are wholly reimbursed to the state by the federal government. Added by …

REIMBURSEMENT DEPOSITED IN FUND. Reimbursement of the federal share shall be deposited in the Unemployment Compensation Fund created by this act. Added by Laws 1980, c. 323, § 2-722, eff. July 1, 1980.

OVERPAYMENTS, RESTITUTION AND OFFSET. The provisions of this act applicable to recovery of overpayments, including restitution, offset, and recoupment shall apply to overpayments of extended benefits. If there is recovery of extended benefits, that proportion of the amount restor…

and Trade Act benefits received. LIMITATION ON AMOUNT OF COMBINED UNEMPLOYMENT INSURANCE AND TRADE ACT BENEFITS RECEIVED. If the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that the individual would be entitled…

CHILD SUPPORT OBLIGATIONS. A. The Commission may enter into an agreement with the Department of Human Services for information required pursuant to Section 240.12 of Title 56 of the Oklahoma Statutes to identify persons that owe child support obligations. B. The Commission shall …

New hire registry. REPORTS BY EMPLOYERS TO EMPLOYMENT SECURITY COMMISSION – NEW HIRE REGISTRY. A. Employers doing business in the State of Oklahoma shall report to the Oklahoma Employment Security Commission, the hiring or employment of any person who resides or works in this sta…

FOOD PURCHASE ASSISTANCE OVERISSUANCES. A. An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether or not he or she owes an uncollected overissuance of food purchase assistance benefits, as defined in 7 U.S.C., Secti…

Employers of this state that conduct employee-owned vehicle searches of its employees shall conduct such search on the property of the employer only. Searches that are conducted on property not owned or rented by the employer shall require a search warrant issued according to law…

(a) Whoever makes a false statement or representation knowing it to be false or knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment under this act or under the unemployment compensation law of any state or of the federal government, eit…

No person shall interfere with, obstruct or hinder by force or otherwise the Commissioner of Labor, his deputies, assistants, or special agents, or factory inspectors while in the performance of their duties, or refuse to properly answer questions asked by such officers pertainin…

APPLICABILITY. (1) The provisions of this Article 3 apply to the payment of contributions by employers. (2) The provisions of this Part 1 apply to employers other than employers who are subject to Part 7, or employers who have elected to reimburse under Part 8 of this article, or…

CONTRIBUTIONS. A. Contributions shall accrue and become payable by each employer for each calendar year in which the employer is subject to the Employment Security Act of 1980, with respect to wages for employment. Such contributions shall become due and be paid by each employer …

BENEFIT WAGES - QUARTER CHARGED. When in any benefit year a claimant is paid benefits for his or her fifth compensable week of unemployment or is paid benefits as defined in paragraph 3 of Section 4-702 of this title, his or her taxable wages during his or her base period shall b…

BENEFIT WAGES CHARGED AND RELIEF THEREFROM. A. The Oklahoma Employment Security Commission shall give notice to each base period employer after the claimant has been issued his or her fifth week of benefits by the Commission or after the Commission receives notice of the amounts …

RELIEF FROM BENEFIT WAGES CHARGED - ADDENDUM. A. For purposes of this section, "pandemic" means a health state of emergency declared by the Governor. B. The benefit wages charged to an employer for a given calendar year shall be the total of the benefit wages stated in the notice…

charges. SEPARATING EMPLOYERS – RELIEF FROM BENEFIT WAGE CHARGES. A separating employer will not be charged with benefit wages, or will be relieved of the charge upon notification of the Oklahoma Employment Security Commission, if the former employee who is the subject of the cha…

BENEFIT WAGE RATIO. The benefit wage ratio of each employer shall be a percentage equal to the total of the employer's benefit wages in the experience period divided by the employer's total taxable payroll for the experience period on which contributions have been paid to the Com…

STATE EXPERIENCE FACTOR. The total benefits paid from the Unemployment Compensation Fund during the experience period, less all amounts credited to the Fund other than employers' contributions, interest, penalties, fees and interest earned on the Fund, divided by the statewide to…

EXPERIENCE RATE. The contribution rate for each employer for each calendar quarter after July 1, 2010, to be applied to the employer’s current payroll shall be in accordance with the following table based upon the state experience factor and his benefit wage ratio: When the State…