New Jersey § 43:21-6

§ 43:21-6.

(a) Filing. (1) Claims for benefits shall be made in accordance with such regulations as the

Director of the Division of Unemployment and Temporary Disability Insurance of the

Department of Labor and Workforce Development of the State of New Jersey may approve. Each employer shall post and maintain on his premises printed notices of his subject

status, of such design, in such numbers and at such places as the director of the

division may determine to be necessary to give notice thereof to persons in the employer's

service. Each employer shall give to each individual at the time he becomes unemployed, for

any reason, whether the unemployment is permanent or temporary, a printed copy of

benefit instructions. The benefit instructions given to the individual shall include, but not be limited

to, the following information: (A) the date upon which the individual becomes unemployed,

and, in the case that the unemployment is temporary, to the extent possible, the date

upon which the individual is expected to be recalled to work; and (B) that the individual

may lose some or all of the benefits to which he is entitled if he fails to file a

claim in a timely manner. Both the aforesaid notices and instructions, including information detailing the

time sensitivity of filing a claim, and directions provided in advance to all employers regarding what information the

division requires employers to provide to the division by electronic means immediately

upon a separation from employment sufficient to enable the division to make a benefit

determination, including any information relevant to whether the individual may be

disqualified pursuant to subsections (a), (b), (d), or (e) of R.S.43:21-5 , shall be supplied by the division to employers without cost to them. The directions provided to all employers in advance shall include that each employer

provide the division with an email address for communications to and from the division. When an employer provides benefit instructions to the individual which disclose

the date on which unemployment will commence, the employer shall immediately and simultaneously

provide by electronic means that disclosure to the division together with the information

required by the division pursuant to the directions provided in advance by the division. An employer who fails to make the immediate and simultaneous disclosure to the department

as required by this paragraph shall be liable for the penalties imposed by subsection

(b) of R.S.43:21-16 on employers for willful failure to furnish reports. The division shall notify the employer by electronic means not more than seven calendar

days after the department receives the disclosure of any failure of the employer to

provide all of the information needed by the division to make a benefit determination. Nothing in this section shall be construed so as to require an employer to re-hire

an individual formerly in the employer's service. Nothing in this section shall be construed as requiring the division to issue a benefit

determination solely based on the information supplied by the employer. Notwithstanding the provisions of this section which require employers to provide

information to the division by electronic means, and the division to provide notifications

to an employer by electronic means, the commissioner shall have the discretion to

establish by rule an alternate method or methods for employers to provide the required

information to the division and for the division to provide the required notifications

to an employer in circumstances where it is established, to the satisfaction of the

commissioner, that the employer is unable to provide the information to the division

or is unable to receive notifications from the division by electronic means. (2) Any claimant may choose to certify, cancel or close his claim for unemployment

insurance benefits at any time, 24 hours a day and seven days a week, via the Internet

on a website developed by the division; however, any claim that is certified, cancelled

or closed after 7:00 PM will not be processed by the division until the next scheduled

posting date. (3) The division may request that claimants obtain digital identity credentials, but

only if the division provides opportunities for claimants to verify their identities

even if they do not have the knowledge or access to the equipment needed to obtain

the digital identity credentials. Any request by the division for a claimant to obtain digital identity credentials

shall include a statement that the claimant may use alternative procedures to verify

identification, and fully describe the alternative procedures, which shall include

personal assistance in person or by phone which shall be made available by representatives

of the division as needed to prevent any delay in processing claims. If the division requests that a claimant obtain digital identity credentials, and

the claimant chooses to request a digital identity credential rather than utilize

an alternative procedure, but is denied the digital identity credential, the division

shall issue the claimant a written appealable determination. (4) Any system that the division establishes for claimants or recipients of benefits

to verify identity, to apply for, or to make appeals regarding, benefits either by

phone or on-line, shall provide a clearly and prominently expressed option for the

claimant or recipient, if not immediately provided personal assistance, to select

from available appointment times an appointment time to speak with a representative

to obtain assistance in verifying identity, filing a claim or appeal, or obtaining

information regarding the status of a claim or appeal. (b)(1) Procedure for making initial determinations with respect to benefit years commencing

on or after January 1, 1953. A representative or representatives designated by the director of the division and

hereafter referred to as a “ deputy ” shall promptly examine any disclosure of information to the division by an employer required by paragraph

(1) of subsection (a) of this section upon a separation from work and any claim for benefits , and shall , by electronic means, notify the most recent employing unit and, successively as necessary, each employer

in inverse chronological order during the base year. The notification shall be made not later than seven calendar days after the employer provides to the department

the disclosure required by paragraph (1) of subsection (a) of this section, or seven

calendar days after the filing of the claim, whichever occurs first, and require said employing unit and employer to furnish , by electronic means, not more than seven calendar days after the notification is

made, any information to the deputy which the employer failed to provide as required by paragraph (1) of subsection (a)

of this section as may be necessary to determine the claimant's eligibility and his benefit rights

with respect to the employer in question. The claimant shall, at the time the claim is filed, be provided any information the

division has received from the employer upon the separation from work and an opportunity

to respond to that information. If a claim is filed and the employer has provided the information required upon

separation from work, the employer shall immediately be notified by electronic means

of the opportunity to provide, by electronic means and in not more than seven calendar

days, additional information in response to the claim for benefits. If a claim is filed and the employer has failed to provide the information required

upon the separation from work, the division shall immediately, by electronic means,

request the required information and the employer shall provide the information, by

electronic means and in not more than seven calendar days. The division shall provide the claimant any additional information it receives and

an opportunity to respond. If any employer or employing unit fails to respond to the notification or request within seven calendar days after a communication by electronic means of the notification or request, the deputy shall rely entirely on information from other sources, including

an affidavit to the best of the knowledge and belief of the claimant with respect

to his wages and time worked. Except in the event of a knowing, fraudulent nondisclosure or misrepresentation by the claimant or his agent , if it is determined that any information in such affidavit is erroneous, no penalty

shall be imposed on the claimant. The deputy shall make an initial determination contingent upon the receipt of all

necessary information and notify the claimant no later than three weeks from the date

on which the division received the claim for benefits. The initial determination shall show the weekly benefit amount payable, the maximum

duration of benefits with respect to the employer to whom the determination relates,

and the ratio of benefits chargeable to the employer's account for benefit years commencing

on or after July 1, 1986, and also shall show whether the claimant is ineligible or

disqualified for benefits under the initial determination. The employer whose account may be charged for benefits payable pursuant to said

determination shall be promptly notified thereof. Whenever an initial determination is based upon information other than that supplied

by an employer because such employer failed to provide information as required at the time of separation from employment, and failed to respond to the deputy's request for additional information, benefit payments based on the determination shall commence immediately, and such initial determination and any subsequent determination thereunder shall be incontestable

by the noncomplying employer, as to any charges to his employer's account because

of benefits paid prior to the close of the calendar week following the receipt of

his reply. Such initial determination shall be altered if necessary upon receipt of information

from the employer, and any benefits paid or payable with respect to weeks occurring

subsequent to the close of the calendar week following the receipt of the employer's

reply and the determination of the division to alter the initial determination after providing

the claimant the information and an opportunity to respond shall be paid in accordance with such altered initial determination. The deputy shall issue a separate initial benefit determination with respect to each

of the claimant's base year employers, starting with the most recent employer and

continuing as necessary in the inverse chronological order of the claimant's last

date of employment with each such employer. If an appeal is taken from an initial determination, as hereinafter provided, by

any employer other than the first chargeable base year employer or for benefit years

commencing on or after July 1, 1986, that employer from whom the individual was most

recently separated, then such appeal shall be limited in scope to include only one

or more of the following matters: (A) The correctness of the benefit payments authorized to be made under the determination; (B) Fraud in connection with the claim pursuant to which the initial determination

is issued; (C) The refusal of suitable work offered by the chargeable employer filing the appeal; (D) Gross misconduct as provided in subsection (b) of R.S.43:21-5 . In his discretion, the director may appoint special deputies to make initial or subsequent

determinations under subsection (f) of R.S.43:21-4 and subsection (d) of R.S.43:21-5 . The amount of benefits payable under an initial determination may be reduced or canceled

if necessary to avoid payment of benefits for a number of weeks in excess of the maximum

specified in subsection (d) of R.S.43:21-3 . Unless the employer , within seven calendar days after a confirmed receipt of notification of an initial determination , including by electronic means, or the claimant, within 21 calendar days after the notification was mailed to the claimant's last-known address and addresses, files an appeal of the decision, the decision shall be final and benefits shall immediately be paid or denied in accordance therewith, except for such determinations as may

be altered in benefit amounts or duration as provided in this paragraph. An appeal concerning an initial determination shall not be filed after whichever is

applicable of the seven-day or 21-day period. Benefits payable for periods pending an appeal shall be paid as such benefits accrue and be paid according to the initial determination but shall be, to the extent that

the amount paid exceeds the amount determined in the appeal, regarded as an overpayment

subject to the provisions of R.S.43:21-16 regarding overpayments, including the requirement of that section that a claimant

who makes knowing, fraudulent nondisclosure or misrepresentation is liable to repay

the full amount of the overpayment ; provided that if the appeal is an appeal of a determination that the claimant is disqualified under the provisions of R.S.43:21-5 , benefits pending determination of the appeal shall be withheld only for the period

of disqualification as provided for in that section, and while the appeal is pending , the benefits otherwise provided by this act shall be paid for the period subsequent

to such period of disqualification; provided further that if it is determined in the appeal that the claimant was not

disqualified, the claimant shall be paid the benefits due for the period of the disqualification,

except that no such benefits shall be paid to the claimant for any week during which

the claimant has failed to provide to the division a weekly certification evidencing

the claimant's eligibility for benefits; and provided, also, that if there are two determinations of entitlement, benefits

for the period covered by such determinations shall be paid regardless of any appeal

which may thereafter be taken, but no employer's account shall be charged with benefits

so paid, if the decision is finally reversed. If an employer appeals the charging of benefits to the employer's account after the

seven-day period to appeal the initial benefit determination, and, as a result of

the appeal on the charging to the employer's account, the division, after the claimant

is notified and given the opportunity to respond, reduces the amount charged to the

employer's account, any resulting reduction in the amount of benefits shall take effect

only after the resolution of the appeal of the charging, and any amount of benefits

paid before the resolution of the appeal of the charging which exceeds the amount

determined in that appeal shall be regarded as an overpayment caused by employer error

and shall be charged to the employer's account, and the claimant shall not be liable

to repay any portion of that overpayment where the overpayment is of regular Unemployment

Compensation. In the case of the recovery of an overpayment of benefit under any of the following

programs authorized by the federal “Coronavirus Aid, Relief, and Economic Security

(CARES) Act,” Pub.L.116-136 : Federal Pandemic Unemployment Compensation (FPUC), Pandemic Emergency Unemployment

Compensation (PEUC), Mixed Earners Unemployment Compensation (MEUC), Pandemic Unemployment

Assistance (PUA), or the first week of regular Unemployment Compensation that is reimbursed

in accordance with Section 2105 of the CARES Act, a recovery shall not be waived unless

the division determines that the claimant is without fault and the repayment would

be contrary to equity and good conscience. (2) (Deleted by amendment, P.L.2022, c. 120 ) (3) Procedure for making subsequent determinations with respect to benefit years commencing

on or after January 1, 1953. The deputy shall make determinations with respect to claims for benefits thereafter

in the course of the benefit year, in accordance with any initial determination allowing

benefits, and under which benefits have not been exhausted, and each notification

of a benefit payment shall be a notification of an affirmative subsequent determination. Any change in the allowance , amount, or other characteristic of benefits by the deputy in any such determination, or the denial of benefits by the deputy in any such determination, shall be appealable in the same manner and under the same

limitations as is provided in the case of initial determinations , except that, after an initial determination, the resolution of any appeal of the

initial determination, and the payment of one or more weeks of benefits pursuant to

the initial determination, if a subsequent determination will result in any termination

or reduction of those benefits from the amount or duration of benefits specified in

the initial determination, the claimant shall be provided notification with a full

written explanation of why the reduction or termination of benefits will occur, and

provided, during the seven calendar days following the notification, an opportunity

to file an appeal before the reduction or termination goes into effect. If the claimant files an appeal during the seven-day period, benefits shall continue

to be paid at the rate, and for the duration, stipulated in the initial determination

until the appeal is resolved. If the claimant does not file an appeal, or the claimant files an appeal and it

is found in the resolution of the appeal that the amount in benefits paid during the

processing of the appeal exceeded the amount determined in the appeal to be correct,

or the claimant is found in the appeal to be ineligible for benefits, any resulting

excess payment of benefits shall be regarded as an overpayment subject to the provisions

of R.S.43:21-16 regarding overpayments, including the requirement of that section that a claimant

who makes knowing, fraudulent nondisclosure or misrepresentation is liable to repay

the full amount of the overpayment. (c) Appeals. Unless such appeal is withdrawn, an appeal tribunal, after affording the parties

reasonable opportunity for fair hearing, shall affirm or modify the findings of fact

and the determination. The parties shall be duly notified of such tribunal's decision, together with its

reasons therefor, which shall be deemed to be the final decision of the board of review,

unless further appeal is initiated pursuant to subsection (e) of this section within 20 days after the date of notification or mailing of such decision for any decision

made after December 1, 2010. (d) Appeal tribunals. To hear and decide disputed benefit claims, including appeals from determinations

with respect to demands for refunds of benefits under subsection (d) of R.S.43:21-16 , the director with the approval of the Commissioner of Labor and Workforce Development

shall establish impartial appeal tribunals consisting of a salaried body of examiners

under the supervision of a Chief Appeals Examiner, all of whom shall be appointed

pursuant to the provisions of Title 11A of the New Jersey Statutes, Civil Service

and other applicable statutes. (e) Board of review. The board of review may on its own motion affirm, modify, or set aside any decision

of an appeal tribunal on the basis of the evidence previously submitted in such case,

or direct the taking of additional evidence, or may permit any of the parties to such

decision to initiate further appeals before it. The board of review shall permit such further appeal by any of the parties interested

in a decision of an appeal tribunal which is not unanimous and from any determination

which has been overruled or modified by any appeal tribunal. The board of review may remove to itself or transfer to another appeal tribunal

the proceedings on any claim pending before an appeal tribunal. Any proceedings so removed to the board of review shall be heard by a quorum thereof

in accordance with the requirements of subsection (c) of this section. The board of review shall promptly notify the interested parties of its findings

and decision. (f) Procedure. The manner in which disputed benefit claims, and appeals from determinations with

respect to (1) claims for benefits and (2) demands for refunds of benefits under subsection

(d) of R.S.43:21-16 shall be presented, the reports thereon required from the claimant and from employers,

and the conduct of hearings and appeals shall be in accordance with rules prescribed

by the board of review for determining the rights of the parties, whether or not such

rules conform to common law or statutory rules of evidence and other technical rules

of procedure. A full and complete record shall be kept of all proceedings in connection with a

disputed claim. All testimony at any hearing upon a disputed claim shall be recorded, but need not

be transcribed unless the disputed claim is further appealed. (g) Witness fees. Witnesses subpoenaed pursuant to this section shall be allowed fees at a rate fixed

by the director. Such fees and all expenses of proceedings involving disputed claims shall be deemed

a part of the expense of administering this chapter ( R.S.43:21-1 et seq. ). (h) Court review. Any decision of the board of review shall become final as to any party upon the

mailing of a copy thereof to such party and to the party's attorney, or upon the mailing of a copy thereof to such party at his last-known address and to the party's attorney . The Division of Unemployment and Temporary Disability Insurance and any party to

a proceeding before the board of review may secure judicial review of the final decision

of the board of review. Any party not joining in the appeal shall be made a defendant; the board of review

shall be deemed to be a party to any judicial action involving the review of, or appeal

from, any of its decisions, and may be represented in any such judicial action by

any qualified attorney, who may be a regular salaried employee of the board of review

or has been designated by it for that purpose, or, at the board of review's request,

by the Attorney General. (i) Failure to give notice. The failure of any public officer or employee at any time heretofore or hereafter

to give notice of determination or decision required in subsections (b), (c) and (e)

of this section, as originally passed or amended, shall not relieve any employer's

account of any charge by reason of any benefits paid, unless and until that employer

can show to the satisfaction of the director of the division that the said benefits,

in whole or in part, would not have been charged or chargeable to his account had

such notice been given. Any determination hereunder by the director shall be subject to court review. (j) With respect to benefit payments made on or after October 22, 2013, an employer's

account shall not be relieved of charges related to a benefit payment that was made

erroneously from the division if it is determined that: (1) The erroneous benefit payment was made because the employer, or an agent of the

employer, failed to respond in a timely or adequate manner to a request from the division

for information related to the claim for benefits , including failing to provide the information required by subsection (a) of this

section upon a separation from employment ; and (2) The employer, or an agent of the employer, has established a pattern of failing

to respond in a timely or adequate manner to requests from the division for information

related to claims for benefits , including failing to provide the information required by subsection (a) of this

section upon a separation from employment . Determinations of the division prohibiting the relief of charges pursuant to this

subsection shall be subject to appeal in the same manner as other determinations of

the division related to the charging of employer accounts. For purposes of subsection (j) of this section: “ Erroneous benefit payment ” means a benefit payment that, except for the failure by the employer, or an agent

of the employer, to respond in a timely or adequate manner to a request from the division

for information with respect to the claim for benefits, would not have been made;

and “ Pattern of failing ” means repeated documented failure on the part of the employer, or an agent of the

employer, to respond to requests from the division to the employer or employer's agent

for information related to a claim for benefits, including failing to provide the information required by subsection (a) of this section

upon a separation from employment, except that an employer, or an agent of an employer, shall not be determined to have

engaged in a “pattern of failing” if the number of failures to provide the required information or respond to requests from the division for information related to claims for benefits

during the previous 365 calendar days is less than three, or if the number of failures

is less than two percent of the number of requests from the division, whichever is

greater. (k) The Department of Labor and Workforce Development shall establish and maintain

a procedure by which personnel access rights to the department's primary system for

unemployment claims receipt and processing are comprehensively reviewed every calendar

quarter. The procedure shall include an evaluation of access needs to the primary unemployment

claims receipt and processing system for all department personnel and the adjustment,

addition, or deletion of access rights for department personnel based on the quarterly

review.