Unemployment compensation protests-time limit.

ORIGINAL
House
Bill No.
HB0139

ENROLLED ACT NO. 58,

HOUSE OF REPRESENTATIVES

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2015 General Session

AN ACT relating to unemployment compensation; increasing the time limit for review and redetermination of benefit claims and charges as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 27
‑
3
‑
402(a)
and
(e), 27
‑
3
‑
404(a)(intro) and 27
‑
3
‑
506
(c) and
(d) are amended to read:

27
‑
3
‑
402
.

Determination; generally; referral to special examiner; redetermination; notice; appeal.

(a)

Determination of a claim filed pursuant to W.S. 27
‑
3
‑
401(a) shall be made promptly by a deputy designated by the department. If a claim is denied, the determination shall state the reasons for denial. Except as provided by subsection (c) of this section, a determination is final unless a party entitled to notice applies for redetermination or appeals the determination within
fifteen (15)
twenty
‑
eight (28)
days after notice is mailed to his last known address of record.

(e)

The claimant or any other party entitled to notice of a determination may appeal the determination to an appeal tribunal. The appeal shall be filed with the tribunal within
fifteen (15)

twenty
‑
eight (28)

days after notice is mailed to the last known address of record of the interested party.

27
‑
3
‑
404
.

Determination; review by commission; disposition; notice; reconsideration.

(a)

The commission may within
fifteen (15)

twenty
‑
eight (28)
days after notice is mailed or delivered:

27
‑
3
‑
506
.

Notice of rates and charges; relief, review or redetermination.

(c)

An employer may apply in writing to the department within
fifteen (15) days
twenty
‑
eight
(28)
days
after the mailing or delivery of notice of benefits charged to his account for relief of benefit charges under W.S. 27
‑
3
‑
504(e)(i), (ii), (iv) or (viii). The application shall state the reasons for relief. Determinations of benefits not charged to an employer's account and which are paid from the trust fund shall be recorded and shall specify the reasons therefor. The records are open to inspection by an employer or his legal representative.

(d)

An employer may apply to the department for review of a decision or determination involving contribution liability, contribution rates or the charging of benefit payments under W.S. 27
‑
3
‑
509. The application shall be in writing and shall state the reasons for review. The department, on behalf of the commission, shall notify the employer of its acceptance or denial of the application for review or of a redetermination by the commission. If the commission grants review, the employer shall be given opportunity for hearing in accordance with W.S. 27
‑
3
‑
401 through 27
‑
3
‑
409
to the extent not inconsistent with this article
. An employer in any proceeding involving contribution rates or liability may not contest benefits paid and charged to his account in accordance with a determination, redetermination or decision pursuant to W.S. 27
‑
3
‑
401 through 27
‑
3
‑
409 unless he was not a party to the proceeding. A denial or redetermination is final unless within thirty (30) days after notice is mailed a petition for judicial review is filed in accordance with W.S. 27
‑
3
‑
407.

Section
2
.

This
act is effective July 1,
2015
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief Clerk

1