SECTION 240:10-3-23. Claims for unemployment benefits-general requirements

(a)   Definition. An individual shall be defined as unemployed during a week whenever:

(1)   the individual has been separated from work with his/her last regular employer and the individual has not during the week performed services in employment for any employer; or

(2)   the individual has worked less than full time for some employer and earned less than his/her weekly benefit amount plus $100.00.

(b)   Effective date. The effective date of an initial claim, additional initial claim, or a reopened claim shall be the first day of the calendar week in which the individual first files the initial claim, additional initial claim, or reopened claim.

(c)   Failure to report/good cause. When the Commission representative determines that a claimant had good cause for failure to report as directed, a claim may be accepted at a later date, not to exceed seven (7) calendar days from the date originally specified for his/her reporting.

(d)   Continued claim. A claimant who is filing for benefits under the Interactive Voice Response System or the Internet may file a continued claim provided the claimant files the continued claim within fourteen (14) calendar days from the week ending date of the claim or within fourteen (14) calendar days from the date the continued claim is furnished to the claimant.

(e)   Determination of eligibility for benefits. The Employment Security Act of 1980 prescribes the following requirements:

(1)   A Commission representative shall determine claimant's eligibility for benefits.

(2)   A Commission representative shall accept written and verbal statements from the claimant and the employer.

(3)   A Commission representative shall take any action necessary to determine the facts and to determine the rights of both the employer and claimant.

(4)   A Commission representative shall write a determination which must include the following:

(A)   An explanation of the parties' appeal rights;

(B)   A summary of pertinent facts;

(C)   The reasons for allowing or denying benefits; and

(D)   The conclusion or legal results of the decision.

(5)   Any interested party may appeal a determination. The appeal shall be filed with the Commission. When the appeal is filed, all interested parties shall be notified.

(f)   In computing any period of time described in this rule, the day of the event from which the designated period of time begins to run shall not be included. All intervening days falling between the beginning and end of the time period shall be counted, including Saturdays, Sundays, holidays and any day the offices of the Oklahoma Employment Security Commission are closed for part or all of the day. The last day of the period so computed shall be included. Claimants required to make a filing on a day in which the offices of the Commission are not open shall make the filing through the Internet or by telephone through the Interactive Voice Response system. Failure to file for a claim within the time allowed will result in denial of benefits for that week.

[Source: Amended at 11 Ok Reg 4333, eff 8-1-94 (emergency); Amended at 12 Ok Reg 1375, eff 5-26-95; Amended at 15 Ok Reg 1496, eff 5-11-98; Amended at 24 Ok Reg 1233, eff 5-25-07; Amended at 27 Ok Reg 821, eff 5-1-10; Amended at 28 Ok Reg 1055, eff 6-15-11; Added at 29 Ok Reg 459, eff 5-15-12; Amended at 30 Ok Reg 484, eff 5-15-13; Amended at 31 Ok Reg 1239, eff 9-12-14]