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Mississippi has amended its regulations under the Employment Security Law as follows:
Filing an appeal. The requirement that appeals must be filed in triplicate is eliminated. Appeals may now be filed by USPS, fax, in person at any WIN Job Center, electronically or by telephone.
Conduct of hearings. A subpoena now will be issued only if a request showing its necessity is made in writing and the ALJ or Board of Review deems it necessary. The requirement that witnesses be paid a daily fee of $10 has been changed to a “fee amount . . . according to rates provided in Section 25-3-41 of the law.” The regulations also now disallow fees for witnesses who are disqualified for any reason. Prior regulations disallowed fees only for witnesses who were disqualified due to intoxication.
Disposition without full hearing. Language that allowed the ALJ to proceed with those present or if a party came after the 10-minute grace period has been eliminated. The Appeals Department may now hold a good cause hearing for a claimant who failed to appear at a hearing if the claimant makes a written request for that hearing within 14 days explaining the reasons he or she failed to appear.
Method of review. Language that allowed the Board of Review to hold a hearing for additional evidence has been eliminated, as has language regarding tie votes and lost tape recordings. New language has been added providing that when an ALJ has been instructed by the Board of Review to issue a decision on remand, the claimant has a right to appeal to the Board of Review.
Appeals of Board of Review. The regulations now require that a hearing called for by the Board on its own motion will be held after seven days' notice. Prior regulations allowed for 10 days' notice.
Decisions. Notice of decisions now may be made electronically. Language regarding decisions that are not unanimous has been eliminated.
Appeals to courts. The agency is authorized to appeal decisions of the Board of Review involving questions of law. In those cases, the appeal will not deny benefits to any claimant who was awarded them by the Board of Review.
Representation. Language that allowed a request for a larger attorney fee to be made in person has been eliminated.
Records. Decisions of the ALJ and the Board of Review may now be listed in a minute book and/or electronic file.
Precedent decision. A new section allows the Board of Review to designate a decision as a precedent decision under certain circumstances.
Filing claims. Language regarding the effective date of initial claims for benefits has been simplified. Language regarding backdating benefits has been added.
Reconsideration. A new section allows for reconsideration of an initial determination, for good cause, if a request is filed within 14 days from the mailing date of notification.
Mass layoffs. Initial claims for benefits for individuals with short-term unemployment will now be effective on the Sunday proceeding the first day of unemployment, provided the person files at the appropriate time, place and date.
Weekly certifications. This section has been simplified. Now claims must be filed by the Friday following the week claimed, using the methods prescribed by the agency.
Reporting. This section has been simplified. Reporting may be made in person or by other methods established by the agency .
Registering for work. A new section requires individuals to be registered for work unless they are in a temporary layoff of less than four weeks; in agency approved training; unemployed due to a labor dispute; or have a specific return to work date.
Removing disqualifications. The regulations now state that some disqualifications require an individual to return to work and earn eight times the weekly benefit amount (WBA). The WBA of the benefit year in which the separation occurred must be used to remove this disqualification.
Approved training. A new section states that an individual is in approved training if his or her training will enhance the chance of obtaining a job.
Misconduct. A new section provides that an individual is guilty of misconduct for violating a company rule if the individual knew or should have known about the rule, the rule was lawful and reasonably related to the job, and is the rule fairly and consistently enforced.
Domestic violence. A new section states that if a claimant shows sufficient evidence that continuing the employment would be a detriment to the welfare of the claimant or claimant’s underage dependents due to domestic violence or a clear and present risk to the claimant’s health, safety or morals, the claimant will be found to have good cause for leaving his or her job.
Refusal of work. Under a new section, an individual is disqualified for the week in which the failure to accept work occurred but for not more than 12 weeks immediately following such week. However, the agency has the discretion to issue varying lengths of disqualification.
Total unemployment. New language has been added providing that employment of less than 35 hours per week will not be considered full time. However, the agency has the discretion to consider industry standards under certain circumstances.
Claim week. New language has been added providing that if any part of a week falls within a benefit year, the entire week is considered to be in that benefit year.
Labor disputes. Employers who are reporting cases of unemployment due to labor disputes may now make the report at the WIN Job Center nearest to their place of business. The notification must now include the circumstances surrounding the dispute, the number of workers affected and a list of the employer’s workers.
Deceased claimants. A new subsection has been added that allows payments owed to a deceased claimant that are made by electronic processes to be issued only to the individual requesting the benefits under banking industry guidelines.
Charging and noncharging. Employers who fail to furnish a written statement including the date, a detailed reason for separation (or refusal of an offer of employment), and the individual’s name and Social Security number to the agency within 14 days from the mailing date of Form EXR-21 (Determination —Notice to Base Period Employer of Valid Claim Filed) will be denied eligibility for the relief of charges.
Overpayments. A new section allows the agency to be reimbursed for any benefits erroneously paid to claimants. It also allows the agency the discretion not to collect an overpayment if the amount is too small or if it was paid due to an agency-caused administrative error.
Reporting earnings. A new section requires individuals to report wages payable in any week, regardless of whether compensation has been received.
Fraud and nonfraud overpayments. A new section sets out the criteria for determining whether an overpayment was made fraudulently. “Fraud” will be found if an individual receives benefits at a time when he or she is ineligible by reason of nondisclosure or misrepresentation of a material fact made by the individual or another person, regardless of whether the individual had fraudulent intent or knowledge of the omitted or misrepresented fact when the individual's actions imply that he or she committed fraud.
Collection of overpayments. A new section gives the agency authority or discretion to pursue repayment and collection of overpayments. Methods of collection include cash repayment, filing liens, warrants and other methods. Any such judgment against a person will be in the form of a seven-year renewable lien. The agency can refile prior to the expiration of such lien.
Disqualification period. A new section gives the agency the authority to assess disqualifications and the time when such periods begin and end.
Interest accrual. A new section provides for interest to accrue at the rate of 1% per month on the unpaid principal beginning with the month following the month in which the overpayment is established.
Prosecution. A new section gives the agency authority to prosecute overpayments due to fraud.
Payment of contributions. The regulations now require that wages paid from the first day of the calendar year be reported in the calendar quarter in which the wages were paid. Contributions are to be paid for the quarter in which the wages were paid. Prior regulations made contributions due on or before the last day of the month after the calendar quarter when the employer became a liable employer.
Transmittal of payments. The regulations now provide that payments of contributions, other than those sent through U.S. mail, are deemed to be made on the date they are received by the agency.
Overpayment. There is no longer a requirement that an application for credits be made within three years.
Exclusions. This section has been simplified. A list of payments made under certain conditions that are not included as “wages” has been eliminated. In addition, the requirement that an employer make a written report if he or she wants to claim that certain services performed for it are excluded been eliminated.
Disposing of business assets. The regulations now require an employer that disposes of its business assets to report such fact to the agency within 30 days. Prior language required the employer to “immediately” report to the agency.
Services excluded from the definition of employment. New regulations eliminate language providing that if services performed during one-half or more of any pay period constitutes “employment,” all of the services of that employee are “employment.” Language regarding the definition of “pay period” has also been eliminated.
Religious and charitable exemption. This section has been simplified, and now requires that any organization that claims an exemption must show that it is exempt under IRC Sec. 501(c)(3).
Parent corporation. New language has been added providing that services performed in the employ of a corporation operated as a business enterprise but wholly owned by a nonprofit charitable organization are not exempt under the law.
Reporting. New language requires an employer to make wage reports quarterly for each of its employees during that quarter at the time it pays contributions. Prior language required that the reports be made on or before the last day of the month.
Reimbursing payment liability. A new section provides that reimbursing employers (including political subdivisions and nonprofit employers) that elect to be contributory employers are liable for any reimbursements which may accrue until such time as wages paid by those employers as reimbursing employers are no longer in the base period of a claim.
Funding options. A new section provides that any political subdivision rated at 2%, reimbursing, or rated 5% and reimbursing may elect to change its funding option from reimbursing to rate paying. If the employer does not make an election within 30 days of registration, the employer will become a reimbursable employer, but may make an election for the next calendar year. Any IRC Sec. 501(c)(3) organization that is paying contributions or reimbursements may elect to change its funding option as well. If the employer gives up its right to be a reimbursing employer, it must give written notification to the agency no later than November 30 of the year preceding the year it will become eligible for contributions.
Power of attorney. A new section provides that any individual or organization providing representation to an employer or claimant where the client is absent must provide a power of attorney signed by the client they represent. A power of attorney is not needed if the individual is a CPA and a member of the AICPA or an attorney and a member of a state Bar Association.
Tax appeal regulations. The agency now has the discretion to set the time and place of hearings and designate whether the hearing will be in person or by telephone.
Attorneys on retainer basis. The section that provided that an attorney employed by a firm and paid a retainer fee is not an employee has been eliminated.
Insurance agents and solicitors. The section that provided an exemption for services performed as an insurance agent or solicitor has been eliminated.
Referee in bankruptcy. The section that provided an exemption for services performed by a Referee in bankruptcy and individuals employed by him or her has been eliminated.
Beneficiaries employed by Administrator. Also eliminated is the section that provided that beneficiaries of an estate employed by the Administrator of the estate in the operation of the business previously conducted by the decedent are employees of the state.
Student nurses and hospital interns. The section that exempted the services of student nurses and hospital interns from employment has been eliminated.
Successor employer/missing reports. New regulations eliminate the section providing that if a successor employer fails to file any two quarterly reports within the qualifying period by September 30 following the computation date, thereby becoming ineligible for a modified rate, the requirement for the maximum contribution rate would be imposed on the successor for the first year only.
Waiting periods. New regulations eliminate the section that described the requirements for individuals claiming waiting period credits.
Postponements. New regulations eliminate the section providing that a hearing scheduled before an ALJ or the Board of Review could be postponed only for compelling reasons.
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