SECTION 240:10-3-3. Cancellation of a benefit claim

(a)   After the filing of an initial claim for unemployment benefits, the claimant may cancel the claim up to the point of issuing the first unemployment benefit payment, except for claims cancelled under subparagraph (c)(1).

(b)   In order to cancel a claim, the claimant shall submit a request to cancel the claim in writing to the Commission. The claimant must certify that the cancellation of the claim was not induced by duress, coercion, or the promise of the payment of money or other consideration by a third party.

(c)   Claims can be cancelled for the following reasons:

(1)   Where a claimant has base period wages in another state and can be awarded a higher benefit amount in the other state.

(2)   Claims filed as a result of incorrect information given by a Commission representative.

(3)   Claims filed when the claimant was not unemployed.

(4)   When cancelling a claim is warranted to provide fundamental fairness to the claimant.

(d)   The separating employer shall be notified of the cancellation of the claim.

(e)   The Commission may deny the request for cancellation of the claim if the Commission determines that the request was submitted as a result of duress, coercion, or an agreement with a third party to pay money or other consideration, or if the Commission believes the request is part of a fraud scheme or would interfere with the proper administration of the Employment Security Act of 1980.

[Source: Added at 37 Ok Reg 1223, eff 9-11-20]