Topic: Re-opening period for fraud cases
Sponsor: Representative Martin Howrylak (R)
Introduced: October 24, 2017
Status: Signed into law December 20, 2017
Effective Date: July 1, 2018
Link to Legislation (read legislative history and the final Act here)
ISSUES WITH CURRENT LAW: Currently, the Agency only sends notices to the claimant’s last known address, which may or may not be the claimant’s current address. The Agency cannot reopen a case after 1 year even if new information becomes available from the claimant or employer.
WHAT THE NEW BILL DOES:
- The new bill establishes a two-part reform:
- The Agency will send fraud notices to all known addresses on file with the Agency, Treasury, and Secretary of State. Claimants must keep their address current with the Agency for the entirety of their benefit year.
- Good cause to reopen will now include incidents where determinations/redeterminations are sent to the wrong address, so long as it can be shown that the address was wrong.
HOW THE NEW BILL HELPS CLAIMANTS:
- This bill helps claimants by requiring the Agency to send notices of determinations/redeterminations to all of a claimant’s known addresses.
- Now, claimants will have a higher likelihood of knowing that they are being accused by the Agency.
- Claimants will be able to participate in the administrative hearing process by showing “good cause” for reopening their cases beyond 1 year, because they never received the Agency’s notices in the first place.