8 CSR 10-4.210 - Prohibition on the Non-Charging of Benefits
PURPOSE: This rule implements an amendment to the Federal Unemployment Tax Act made by Section 252 of the federal Trade Adjustment Assistance Extension Act of 2011 , Public Law No. 112-40, mandating that states prohibit the non-charging of certain overpaid unemployment benefits to employers' separate experience rating accounts.
(1) No employer's account shall be relieved
of charges relating to a payment that was erroneously made from the
unemployment compensation fund if the division determines that-
(A) The erroneous payment was made because
the employer or an agent of the employer was at fault for failing to respond
timely or adequately to a written request from the division for information
relating to a claim for unemployment benefits; and
(B) The employer or an agent of the employer
has established a pattern of failing to respond timely or adequately to
requests made under subsection (A) of this section.
(2) For the purpose of this rule, the
following terms shall mean:
(A) "Adequately,"
responses to requests for information must include sufficient facts for the
deputy to reach the conclusion ultimately and finally made in regard to the
claim;
(B) "Erroneous payment," a
payment that, but for the failure by the employer or the agent of the employer
to respond timely and adequately to a written request from the division for
information with respect to the claim for unemployment benefits, would not have
been made;
(C) "Pattern of
failing," repeated documented failure on the part of the employer or the agent
of the employer to respond, taking into consideration the number of instances
of failure in relation to the total volume of requests. An employer or an agent
of the employer failing to respond as described under subsection (1)(A) of this
rule shall not be determined to have engaged in a pattern of failure if the
number of the failures during the year prior to the request is fewer than two
(2) or less than two percent (2%) of the requests, whichever is greater;
and
(D) "Timely," information must
be postmarked or received by the division on or before the date provided in the
request for information.
(3) For good cause shown, the employer or
employer agent shall be excused from timely or adequately responding to a
written request for information. For purposes of this rule, good cause shall be
limited only to those circumstances that are wholly beyond the control of the
employer or employer agent and then only if the employer or employer agent acts
as soon as possible. The employer or employer agent shall bear the burden of
proving good cause to the satisfaction of the division.
(4) Determinations by the division
prohibiting the relief of charges under this rule shall be subject to appeal or
protest as other determinations of the division with respect to the charging of
employer accounts.
(5) This rule
shall apply to erroneous payments established on or after October 1,
2013.
Notes
*Original authority: 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.
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