Labor and Public Employees Committee
AN ACT PRESERVING GOOD CAUSE FOR LATE FILING OF CERTAIN UNEMPLOYMENT COMPENSATION APPEALS
SUMMARY: The law allows 21 days for unemployment compensation claimants to appeal a determination that they (1) received more benefits than they were entitled to, (2) received benefits through fraud, or (3) made a false claim for benefits. This act extends the appeal deadline in such cases if the claimant (1) can show good cause for the delay in appealing or (2) has an appeal filed by mail postmarked prior to the deadline. Appeals postmarked by private postage meters do not qualify for the extension.
Under the act, good cause exists for filing delays when a reasonably prudent individual under the same or similar circumstances would have been prevented from filing a timely appeal. The factors used in determining good cause include:
1. whether the claimant was represented;
2. the claimant's familiarity with the appeals procedures;
3. administrative error or the failure of another party to discharge its responsibilities;
4. factors outside the claimant's control that prevented a timely action; and
5. whether the claimant acted diligently in filing the appeal once the reason for the late filing no longer existed.
The act also continues the practice of extending a filing deadline to the next business day if it otherwise falls on a day that the Employment Security Division is closed.
EFFECTIVE DATE: October 1, 2011
OLR Tracking: LH: KM: JL: RO