TITLE 72

WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION

CHAPTER 13

EMPLOYMENT SECURITY LAW

72-1351B.  federal conformity provision prohibiting relief from liability. (1) Notwithstanding any other provision of this chapter, an experience rated employer’s account may not be relieved of charges and a reimbursing employer may not be relieved of liability for benefits paid to a claimant that are subsequently determined to be overpaid if:

(a)  The covered employer or an agent of the covered employer is at fault for failing to respond timely or adequately to the department’s written or electronic request for information relating to a claim for unemployment insurance benefits; and

(b)  The covered employer or agent of the covered employer has established a pattern of failing to timely or adequately respond.

(2)  A response is timely if the requested information is received by the department within seven (7) days from the date the request is mailed or sent electronically. This time limit may be extended by the department at its discretion upon a covered employer’s or agent of the covered employer’s written request.

(3)  A response is adequate if it provides sufficient facts to allow the department to make the correct determination. A response will not be considered inadequate if the department failed to ask for all necessary information.

(4)  A pattern of failure to respond timely or adequately means at least two (2) or more instances of such behavior. If a covered employer uses a third party agent to respond on its behalf, then a pattern may be established based upon that agent’s behavior with respect to the individual client or covered employer that agent represents.

(5)  A covered employer shall be notified in writing of the department’s determination, which shall become final unless, within fourteen (14) days after notice as provided in section 72-1368(5), Idaho Code, an appeal is filed by an interested party with the department in accordance with the provisions of section 72-1361, Idaho Code.

History:

[72-1351B, added 2013, ch. 103, sec. 1, p. 245.]