GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2006-242
HOUSE BILL 2885
AN ACT relating to the filing period for employers to protest unemployment insurance claims.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 96-15(b)(2) reads as rewritten:
"(2) Adjudication. - When a protest is made by the claimant to the initial or monetary determination, or a question or issue is raised or presented as to the eligibility of a claimant under G.S. 96-13, or whether any disqualification should be imposed under G.S. 96-14, or benefits denied or adjusted pursuant to G.S. 96-18, the matter shall be referred to an adjudicator. The adjudicator may consider any matter, document or statement deemed to be pertinent to the issues, including telephone conversations, and after such consideration shall render a conclusion as to the claimant's benefit entitlements. The adjudicator shall notify the claimant and all other interested parties of the conclusion reached. The conclusion of the adjudicator shall be deemed the final decision of the Commission unless within 15 days after the date of notification or mailing of the conclusion, whichever is earlier, a written appeal is filed pursuant to such regulations as the Commission may adopt. The Commission shall be deemed an interested party for such purposes and may remove to itself or transfer to an appeals referee the proceedings involving any claim pending before an adjudicator.
Provided, any interested employer
shall be allowed 10 15 days from the earlier of mailing or
delivery of the notice of the filing of a claim against the employer's account
to protest the claim and have the claim referred to an adjudicator for a
decision on the question or issue raised. A copy of the notice of the filing
shall be sent contemporaneously to the employer by telefacsimile transmission
if a fax number is on file. Provided further, no question or issue may be
raised or presented by the Commission as to the eligibility of a claimant under
G.S. 96-13, or whether any disqualification should be imposed under
G.S. 96-14, after 45 days from the first day of the first week after the
question or issue occurs with respect to which week an individual filed a claim
for benefits. None of the provisions of this subsection shall have the force
and effect nor shall the same be construed or interested as repealing any other
provisions of G.S. 96-18.
An employer shall receive written notice of the employer's appeal rights and any forms that are required to allow the employer to protest the claim. The forms shall include a section referencing the appropriate rules pertaining to appeals and the instructions on how to appeal."
SECTION 2. This act becomes effective October 1, 2006, and applies to claims filed on or after that date.
In the General Assembly read three times and ratified this the 20th day of July, 2006.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 2:20 p.m. this 13th day of August, 2006