Minnesota 2023-2024 Regular Session

Minnesota House Bill HF784 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to unemployment; modifying penalties for a misrepresentation
3		-	1.3 overpayment; extending opportunities to appeal; amending Minnesota Statutes
4		-	1.4 2022, sections 268.043; 268.069, subdivision 1; 268.07, subdivision 3a; 268.085,
5		-	1.5 subdivision 2; 268.101, subdivisions 1, 2, 4; 268.105, subdivisions 1a, 2, 3; 268.133;
6		-	1.6 268.18; repealing Minnesota Statutes 2022, section 268.183.
7		-	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8		-	1.8 Section 1. Minnesota Statutes 2022, section 268.043, is amended to read:
9		-	1.9 268.043 DETERMINATIONS OF COVERAGE.
10		-	1.10 (a) The commissioner, upon the commissioner's own motion or upon application of a
11		-	1.11person, must determine if that person is an employer or whether services performed for it
12		-	1.12constitute employment and covered employment, or whether any compensation constitutes
13		-	1.13wages, and notify the person of the determination. The determination is final unless the
14		-	1.14person files an appeal within 20 60 calendar days after the commissioner sends the
15		-	1.15determination by mail or electronic transmission. Proceedings on the appeal are conducted
16		-	1.16in accordance with section 268.105.
17		-	1.17 (b) No person may be initially determined an employer, or that services performed for
18		-	1.18it were in employment or covered employment, for periods more than four years before the
19		-	1.19year in which the determination is made, unless the commissioner finds that there was
20		-	1.20fraudulent action to avoid liability under this chapter.
21		-	1.21 Sec. 2. Minnesota Statutes 2022, section 268.069, subdivision 1, is amended to read:
22		-	1.22 Subdivision 1.Requirements.The commissioner must pay unemployment benefits
23		-	1.23from the trust fund to an applicant who has met each of the following requirements:
	3	+	1.3 overpayment; amending Minnesota Statutes 2022, sections 268.069, subdivision
	4	+	1.4 1; 268.085, subdivision 2; 268.101, subdivisions 1, 2; 268.133; 268.18; repealing
	5	+	1.5 Minnesota Statutes 2022, section 268.183.
	6	+	1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
	7	+	1.7 Section 1. Minnesota Statutes 2022, section 268.069, subdivision 1, is amended to read:
	8	+	1.8 Subdivision 1.Requirements.The commissioner must pay unemployment benefits
	9	+	1.9from the trust fund to an applicant who has met each of the following requirements:
	10	+	1.10 (1) the applicant has filed an application for unemployment benefits and established a
	11	+	1.11benefit account in accordance with section 268.07;
	12	+	1.12 (2) the applicant has not been held ineligible for unemployment benefits under section
	13	+	1.13268.095 because of a quit or discharge;
	14	+	1.14 (3) the applicant has met all of the ongoing eligibility requirements under section 268.085;
	15	+	1.15and
	16	+	1.16 (4) the applicant does not have an outstanding overpayment of unemployment benefits,
	17	+	1.17including any penalties or interest; and.
	18	+	1.18 (5) the applicant has not been held ineligible for unemployment benefits under section
	19	+	1.19268.183.
	20	+	1.20 Sec. 2. Minnesota Statutes 2022, section 268.085, subdivision 2, is amended to read:
	21	+	1.21 Subd. 2.Not eligible.An applicant is ineligible for unemployment benefits for any week:
24	22		1Sec. 2.
25		-	REVISOR SS ~~H0784-1~~~~HF784 FIRST ENGROSSMENT~~
	23	+	REVISOR SS/AD 23-0196701/12/23
26	24		State of Minnesota
27	25		This Document can be made available
28	26		in alternative formats upon request
29	27		HOUSE OF REPRESENTATIVES
30	28		H. F. No. 784
31	29		NINETY-THIRD SESSION
32	30		Authored by Noor, Xiong and Hassan01/25/2023
33		-	The bill was read for the first time and referred to the Committee on Workforce Development Finance and Policy
34		-	Adoption of Report: Amended and re-referred to the Committee on Ways and Means03/06/2023 2.1 (1) the applicant has filed an application for unemployment benefits and established a
35		-	2.2benefit account in accordance with section 268.07;
36		-	2.3 (2) the applicant has not been held ineligible for unemployment benefits under section
37		-	2.4268.095 because of a quit or discharge;
38		-	2.5 (3) the applicant has met all of the ongoing eligibility requirements under section 268.085;
39		-	2.6and
40		-	2.7 (4) the applicant does not have an outstanding overpayment of unemployment benefits,
41		-	2.8including any penalties or interest; and.
42		-	2.9 (5) the applicant has not been held ineligible for unemployment benefits under section
43		-	2.10268.183.
44		-	2.11 Sec. 3. Minnesota Statutes 2022, section 268.07, subdivision 3a, is amended to read:
45		-	2.12 Subd. 3a.Right of appeal.(a) A determination or amended determination of benefit
46		-	2.13account is final unless an applicant or base period employer within 20 60 calendar days
47		-	2.14after the sending of the determination or amended determination files an appeal. Every
48		-	2.15determination or amended determination of benefit account must contain a prominent
49		-	2.16statement indicating in clear language the consequences of not appealing. Proceedings on
50		-	2.17the appeal are conducted in accordance with section 268.105.
51		-	2.18 (b) Any applicant or base period employer may appeal from a determination or amended
52		-	2.19determination of benefit account on the issue of whether services performed constitute
53		-	2.20employment, whether the employment is covered employment, and whether money paid
54		-	2.21constitutes wages.
55		-	2.22 Sec. 4. Minnesota Statutes 2022, section 268.085, subdivision 2, is amended to read:
56		-	2.23 Subd. 2.Not eligible.An applicant is ineligible for unemployment benefits for any week:
57		-	2.24 (1) that occurs before the effective date of a benefit account;
58		-	2.25 (2) that the applicant, at any time during the week, has an outstanding misrepresentation
59		-	2.26overpayment balance under section 268.18, subdivision 2, including any penalties and
60		-	2.27interest;
61		-	2.28 (3) (2) that the applicant is incarcerated or performing court-ordered community service.
62		-	2.29The applicant's weekly unemployment benefit amount is reduced by one-fifth for each day
63		-	2.30the applicant is incarcerated or performing court-ordered community service;
64		-	2Sec. 4.
65		-	REVISOR SS H0784-1HF784 FIRST ENGROSSMENT 3.1 (4) (3) that the applicant fails or refuses to provide information on an issue of ineligibility
66		-	3.2required under section 268.101;
67		-	3.3 (5) (4) that the applicant is performing services 32 hours or more, in employment, covered
68		-	3.4employment, noncovered employment, volunteer work, or self-employment regardless of
69		-	3.5the amount of any earnings; or
70		-	3.6 (6) (5) with respect to which the applicant has filed an application for unemployment
71		-	3.7benefits under any federal law or the law of any other state. If the appropriate agency finally
72		-	3.8determines that the applicant is not entitled to establish a benefit account under federal law
73		-	3.9or the law of any other state, this clause does not apply.
74		-	3.10 Sec. 5. Minnesota Statutes 2022, section 268.101, subdivision 1, is amended to read:
75		-	3.11 Subdivision 1.Notification.(a) In an application for unemployment benefits, each
76		-	3.12applicant must report the name and the reason for no longer working for the applicant's
77		-	3.13most recent employer, as well as the names of all employers and the reasons for no longer
78		-	3.14working for all employers during the six calendar months before the date of the application.
79		-	3.15If the reason reported for no longer working for any of those employers is other than a layoff
80		-	3.16because of lack of work, that raises an issue of ineligibility that the department must
81		-	3.17determine. An applicant must report any offers of employment refused during the eight
82		-	3.18calendar weeks before the date of the application for unemployment benefits and the name
83		-	3.19of the employer that made the offer. An applicant's failure to report the name of an employer,
84		-	3.20or giving an incorrect reason for no longer working for an employer, or failing to disclose
85		-	3.21an offer of employment that was refused, is a violation of section 268.183 268.18.
86		-	3.22 In an application, the applicant must also provide all information necessary to determine
87		-	3.23the applicant's eligibility for unemployment benefits under this chapter. If the applicant fails
88		-	3.24or refuses to provide information necessary to determine the applicant's eligibility for
89		-	3.25unemployment benefits, the applicant is ineligible for unemployment benefits under section
90		-	3.26268.085, subdivision 2, until the applicant provides this required information.
91		-	3.27 (b) Upon establishment of a benefit account under section 268.07, subdivision 2, the
92		-	3.28commissioner must notify, by mail or electronic transmission, all employers the applicant
93		-	3.29was required to report on the application and all base period employers and determined
94		-	3.30successors to those employers under section 268.051, subdivision 4, in order to provide the
95		-	3.31employer an opportunity to raise, in a manner and format prescribed by the commissioner,
96		-	3.32any issue of ineligibility. An employer must be informed of the effect that failure to raise
97		-	3.33an issue of ineligibility as a result of a quit or discharge of the applicant, as provided for
98		-	3.34under subdivision 2, paragraph (b), may have on the employer under section 268.047.
99		-	3Sec. 5.
100		-	REVISOR SS H0784-1HF784 FIRST ENGROSSMENT 4.1 (c) Each applicant must report any employment, and loss of employment, and offers of
101		-	4.2employment refused, during those weeks the applicant filed continued requests for
102		-	4.3unemployment benefits under section 268.0865. Each applicant who stops filing continued
103		-	4.4requests during the benefit year and later begins filing continued requests during that same
104		-	4.5benefit year must report the name of any employer the applicant worked for during the
105		-	4.6period between the filing of continued requests and the reason the applicant stopped working
106		-	4.7for the employer. The applicant must report any offers of employment refused during the
107		-	4.8period between the filing of continued requests for unemployment benefits. Those employers
108		-	4.9from which the applicant has reported a loss of employment under this paragraph must be
109		-	4.10notified by mail or electronic transmission and provided an opportunity to raise, in a manner
110		-	4.11prescribed by the commissioner, any issue of ineligibility. An employer must be informed
111		-	4.12of the effect that failure to raise an issue of ineligibility as a result of a quit or a discharge
112		-	4.13of the applicant may have on the employer under section 268.047.
113		-	4.14 (d) The purpose for requiring the applicant to report the name of employers and the
114		-	4.15reason for no longer working for those employers, or offers of employment refused, under
115		-	4.16paragraphs (a) and (c) is for the commissioner to obtain information from an applicant
116		-	4.17raising all issues that may result in the applicant being ineligible for unemployment benefits
117		-	4.18under section 268.095, because of a quit or discharge, or the applicant being ineligible for
118		-	4.19unemployment benefits under section 268.085, subdivision 13c. If the reason given by the
119		-	4.20applicant for no longer working for an employer is other than a layoff because of lack of
120		-	4.21work, that raises an issue of ineligibility and the applicant is required, as part of the
121		-	4.22determination process under subdivision 2, paragraph (a), to state all the facts about the
122		-	4.23cause for no longer working for the employer, if known. If the applicant fails or refuses to
123		-	4.24provide any required information, the applicant is ineligible for unemployment benefits
124		-	4.25under section 268.085, subdivision 2, until the applicant provides this required information.
125		-	4.26 Sec. 6. Minnesota Statutes 2022, section 268.101, subdivision 2, is amended to read:
126		-	4.27 Subd. 2.Determination.(a) The commissioner must determine any issue of ineligibility
127		-	4.28raised by information required from an applicant under subdivision 1, paragraph (a) or (c),
128		-	4.29and send to the applicant and any involved employer, by mail or electronic transmission, a
129		-	4.30document titled a determination of eligibility or a determination of ineligibility, as is
130		-	4.31appropriate. The determination on an issue of ineligibility as a result of a quit or a discharge
131		-	4.32of the applicant must state the effect on the employer under section 268.047. A determination
132		-	4.33must be made in accordance with this paragraph even if a notified employer has not raised
133		-	4.34the issue of ineligibility.
134		-	4Sec. 6.
135		-	REVISOR SS H0784-1HF784 FIRST ENGROSSMENT 5.1 (b) The commissioner must determine any issue of ineligibility raised by an employer
136		-	5.2and send to the applicant and that employer, by mail or electronic transmission, a document
137		-	5.3titled a determination of eligibility or a determination of ineligibility as is appropriate. The
138		-	5.4determination on an issue of ineligibility as a result of a quit or discharge of the applicant
139		-	5.5must state the effect on the employer under section 268.047.
140		-	5.6 If a base period employer:
141		-	5.7 (1) was not the applicant's most recent employer before the application for unemployment
142		-	5.8benefits;
143		-	5.9 (2) did not employ the applicant during the six calendar months before the application
144		-	5.10for unemployment benefits; and
145		-	5.11 (3) did not raise an issue of ineligibility as a result of a quit or discharge of the applicant
146		-	5.12within ten calendar days of notification under subdivision 1, paragraph (b);
147		-	5.13then any exception under section 268.047, subdivisions 2 and 3, begins the Sunday two
148		-	5.14weeks following the week that the issue of ineligibility as a result of a quit or discharge of
149		-	5.15the applicant was raised by the employer.
150		-	5.16 A communication from an employer must specifically set out why the applicant should
151		-	5.17be determined ineligible for unemployment benefits for that communication to be considered
152		-	5.18to have raised an issue of ineligibility for purposes of this section. A statement of "protest"
153		-	5.19or a similar term without more information does not constitute raising an issue of ineligibility
154		-	5.20for purposes of this section.
155		-	5.21 (c) Subject to section 268.031, an issue of ineligibility is determined based upon that
156		-	5.22information required of an applicant, any information that may be obtained from an applicant
157		-	5.23or employer, and information from any other source.
158		-	5.24 (d) Regardless of the requirements of this subdivision, the commissioner is not required
159		-	5.25to send to an applicant a copy of the determination where the applicant has satisfied a period
160		-	5.26of ineligibility because of a quit or a discharge under section 268.095, subdivision 10.
161		-	5.27 (e) The department is authorized to issue a determination on an issue of ineligibility
162		-	5.28within 24 months from the establishment of a benefit account based upon information from
163		-	5.29any source, even if the issue of ineligibility was not raised by the applicant or an employer.
164		-	5.30 If an applicant obtained unemployment benefits through misrepresentation under section
165		-	5.31268.18, subdivision 2, the department is authorized to issue a determination of ineligibility
166		-	5.32within 48 months of the establishment of the benefit account.
167		-	5Sec. 6.
168		-	REVISOR SS H0784-1HF784 FIRST ENGROSSMENT 6.1 If the department has filed an intervention in a worker's compensation matter under
169		-	6.2section 176.361, the department is authorized to issue a determination of ineligibility within
170		-	6.348 months of the establishment of the benefit account.
171		-	6.4 (f) A determination of eligibility or determination of ineligibility is final unless an appeal
172		-	6.5is filed by the applicant or employer within 20 60 calendar days after sending. The
173		-	6.6determination must contain a prominent statement indicating the consequences of not
174		-	6.7appealing. Proceedings on the appeal are conducted in accordance with section 268.105.
175		-	6.8 (g) An issue of ineligibility required to be determined under this section includes any
176		-	6.9question regarding the denial or allowing of unemployment benefits under this chapter
177		-	6.10except for issues under section 268.07. An issue of ineligibility for purposes of this section
178		-	6.11includes any question of effect on an employer under section 268.047.
179		-	6.12 Sec. 7. Minnesota Statutes 2022, section 268.101, subdivision 4, is amended to read:
180		-	6.13 Subd. 4.Amended determination.Unless an appeal has been filed, the commissioner,
181		-	6.14on the commissioner's own motion, may reconsider a determination of eligibility or
182		-	6.15determination of ineligibility that has not become final and issue an amended determination.
183		-	6.16Any amended determination must be sent to the applicant and any involved employer by
184		-	6.17mail or electronic transmission. Any amended determination is final unless an appeal is
185		-	6.18filed by the applicant or notified employer within 20 60 calendar days after sending.
186		-	6.19Proceedings on the appeal are conducted in accordance with section 268.105.
187		-	6.20 Sec. 8. Minnesota Statutes 2022, section 268.105, subdivision 1a, is amended to read:
188		-	6.21 Subd. 1a.Decision.(a) After the conclusion of the hearing, upon the evidence obtained,
189		-	6.22the unemployment law judge must make written findings of fact, reasons for decision, and
190		-	6.23decision and send those, by mail or electronic transmission, to all parties. When the credibility
191		-	6.24of a witness testifying in a hearing has a significant effect on the outcome of a decision, the
192		-	6.25unemployment law judge must set out the reason for crediting or discrediting that testimony.
193		-	6.26The unemployment law judge's decision is final unless a request for reconsideration is filed
194		-	6.27under subdivision 2.
195		-	6.28 (b) If the appealing party fails to participate in the hearing, the unemployment law judge
196		-	6.29has the discretion to dismiss the appeal by summary decision. By failing to participate, the
197		-	6.30appealing party is considered to have failed to exhaust available administrative remedies
198		-	6.31unless the appealing party files a request for reconsideration under subdivision 2 and
199		-	6.32establishes good cause for failing to participate in the hearing. Submission of a written
200		-	6Sec. 8.
201		-	REVISOR SS H0784-1HF784 FIRST ENGROSSMENT 7.1statement does not constitute participation. The applicant must participate personally and
202		-	7.2appearance solely by a representative does not constitute participation.
203		-	7.3 (c) The unemployment law judge must issue a decision dismissing the appeal as untimely
204		-	7.4if the judge decides the appeal was not filed within 20 60 calendar days after the sending
205		-	7.5of the determination. The unemployment law judge may dismiss the appeal by summary
206		-	7.6decision, or the judge may conduct a hearing to obtain evidence on the timeliness of the
207		-	7.7appeal.
208		-	7.8 (d) Decisions of an unemployment law judge are not precedential.
209		-	7.9 Sec. 9. Minnesota Statutes 2022, section 268.105, subdivision 2, is amended to read:
210		-	7.10 Subd. 2.Request for reconsideration.(a) Any party, or the commissioner, may within
211		-	7.1120 60 calendar days of the sending of the unemployment law judge's decision under
212		-	7.12subdivision 1a, file a request for reconsideration asking the judge to reconsider that decision.
213		-	7.13 (b) Upon a request for reconsideration having been filed, the chief unemployment law
214		-	7.14judge must send a notice, by mail or electronic transmission, to all parties that a request for
215		-	7.15reconsideration has been filed. The notice must inform the parties:
216		-	7.16 (1) that reconsideration is the procedure for the unemployment law judge to correct any
217		-	7.17factual or legal mistake in the decision, or to order an additional hearing when appropriate;
218		-	7.18 (2) of the opportunity to provide comment on the request for reconsideration, and the
219		-	7.19right under subdivision 5 to obtain a copy of any recorded testimony and exhibits offered
220		-	7.20or received into evidence at the hearing;
221		-	7.21 (3) that providing specific comments as to a perceived factual or legal mistake in the
222		-	7.22decision, or a perceived mistake in procedure during the hearing, will assist the
223		-	7.23unemployment law judge in deciding the request for reconsideration;
224		-	7.24 (4) of the right to obtain any comments and submissions provided by any other party
225		-	7.25regarding the request for reconsideration; and
226		-	7.26 (5) of the provisions of paragraph (c) regarding additional evidence.
227		-	7.27This paragraph does not apply if paragraph (d) is applicable. Sending the notice does not
228		-	7.28mean the unemployment law judge has decided the request for reconsideration was timely
229		-	7.29filed.
230		-	7.30 (c) In deciding a request for reconsideration, the unemployment law judge must not
231		-	7.31consider any evidence that was not submitted at the hearing, except for purposes of
232		-	7.32determining whether to order an additional hearing.
233		-	7Sec. 9.
234		-	REVISOR SS H0784-1HF784 FIRST ENGROSSMENT 8.1 The unemployment law judge must order an additional hearing if a party shows that
235		-	8.2evidence which was not submitted at the hearing:
236		-	8.3 (1) would likely change the outcome of the decision and there was good cause for not
237		-	8.4having previously submitted that evidence; or
238		-	8.5 (2) would show that the evidence that was submitted at the hearing was likely false and
239		-	8.6that the likely false evidence had an effect on the outcome of the decision.
240		-	8.7 "Good cause" for purposes of this paragraph is a reason that would have prevented a
241		-	8.8reasonable person acting with due diligence from submitting the evidence.
242		-	8.9 (d) If the party who filed the request for reconsideration failed to participate in the
243		-	8.10hearing, the unemployment law judge must issue an order setting aside the decision and
244		-	8.11ordering an additional hearing if the party who failed to participate had good cause for
245		-	8.12failing to do so. The party who failed to participate in the hearing must be informed of the
246		-	8.13requirement to show good cause for failing to participate. If the unemployment law judge
247		-	8.14determines that good cause for failure to participate has not been shown, the judge must
248		-	8.15state that in the decision issued under paragraph (f).
249		-	8.16 Submission of a written statement at the hearing does not constitute participation for
250		-	8.17purposes of this paragraph.
251		-	8.18 "Good cause" for purposes of this paragraph is a reason that would have prevented a
252		-	8.19reasonable person acting with due diligence from participating in the hearing.
253		-	8.20 (e) A request for reconsideration must be decided by the unemployment law judge who
254		-	8.21issued the decision under subdivision 1a unless that judge:
255		-	8.22 (1) is no longer employed by the department;
256		-	8.23 (2) is on an extended or indefinite leave; or
257		-	8.24 (3) has been removed from the proceedings by the chief unemployment law judge.
258		-	8.25 (f) If a request for reconsideration is timely filed, the unemployment law judge must
259		-	8.26issue:
260		-	8.27 (1) a decision affirming the findings of fact, reasons for decision, and decision issued
261		-	8.28under subdivision 1a;
262		-	8.29 (2) a decision modifying the findings of fact, reasons for decision, and decision under
263		-	8.30subdivision 1a; or
264		-	8Sec. 9.
265		-	REVISOR SS H0784-1HF784 FIRST ENGROSSMENT 9.1 (3) an order setting aside the findings of fact, reasons for decision, and decision issued
266		-	9.2under subdivision 1a, and ordering an additional hearing.
267		-	9.3 The unemployment law judge must issue a decision dismissing the request for
268		-	9.4reconsideration as untimely if the judge decides the request for reconsideration was not
269		-	9.5filed within 20 60 calendar days after the sending of the decision under subdivision 1a.
270		-	9.6 The unemployment law judge must send to all parties, by mail or electronic transmission,
271		-	9.7the decision or order issued under this subdivision. A decision affirming or modifying the
272		-	9.8previously issued findings of fact, reasons for decision, and decision, or a decision dismissing
273		-	9.9the request for reconsideration as untimely, is the final decision on the matter and is binding
274		-	9.10on the parties unless judicial review is sought under subdivision 7.
275		-	9.11 Sec. 10. Minnesota Statutes 2022, section 268.105, subdivision 3, is amended to read:
276		-	9.12 Subd. 3.Withdrawal of an appeal.(a) An appeal that is pending before an
277		-	9.13unemployment law judge may be withdrawn by the appealing party, or an authorized
278		-	9.14representative of that party, by filing of a notice of withdrawal. A notice of withdrawal may
279		-	9.15be filed by mail or by electronic transmission.
280		-	9.16 (b) The appeal must, by order, be dismissed if a notice of withdrawal is filed, unless an
281		-	9.17unemployment law judge directs that further proceedings are required for a proper result.
282		-	9.18An order of dismissal issued as a result of a notice of withdrawal is not subject to
283		-	9.19reconsideration or appeal.
284		-	9.20 (c) A party may file a new appeal after the order of dismissal, but the original
285		-	9.2120-calendar-day 60-calendar-day period for appeal begins from the date of issuance of the
286		-	9.22determination and that time period is not suspended or restarted by the notice of withdrawal
287		-	9.23and order of dismissal. The new appeal may only be filed by mail or facsimile transmission.
288		-	9.24 (d) For purposes of this subdivision, "appeals" includes a request for reconsideration
289		-	9.25filed under subdivision 2.
290		-	9.26 Sec. 11. Minnesota Statutes 2022, section 268.133, is amended to read:
291		-	9.27 268.133 UNEMPLOYMENT BENEFITS WHILE IN ENTREPRENEURIAL
292		-	9.28TRAINING.
293		-	9.29 Unemployment benefits are available to dislocated workers participating in the converting
294		-	9.30layoffs into Minnesota businesses (CLIMB) program under section 116L.17, subdivision
295		-	9.3111. Applicants participating in CLIMB are considered in reemployment assistance training
296		-	9Sec. 11.
297		-	REVISOR SS H0784-1HF784 FIRST ENGROSSMENT 10.1under section 268.035, subdivision 21c. All requirements under section 268.069, subdivision
298		-	10.21, must be met, except the commissioner may waive:
299		-	10.3 (1) the deductible earnings provisions in section 268.085, subdivision 5; and
300		-	10.4 (2) the 32 hours of work limitation in section 268.085, subdivision 2, clause (5) (4). A
301		-	10.5maximum of 500 applicants may receive a waiver at any given time.
302		-	10.6 Sec. 12. Minnesota Statutes 2022, section 268.18, is amended to read:
303		-	10.7 268.18 UNEMPLOYMENT BENEFIT OVERPAYMENTS.
304		-	10.8 Subdivision 1.Repaying an overpayment.(a) Any applicant who (1) because of a
305		-	10.9determination or amended determination issued under section 268.07 or 268.101, or any
306		-	10.10other section of this chapter, or (2) because of an unemployment law judge's decision under
307		-	10.11section 268.105, has received any unemployment benefits that the applicant was held not
308		-	10.12entitled to, is overpaid the benefits, and must promptly repay the benefits to the trust fund.
309		-	10.13 (b) If the applicant fails to repay the unemployment benefits overpaid, including any
310		-	10.14penalty and interest assessed under subdivisions subdivision 2 and 2b, the total due may be
311		-	10.15collected by the methods allowed under state and federal law.
312		-	10.16 Subd. 2.Overpayment because of misrepresentation.(a) An applicant has committed
313		-	10.17misrepresentation if the applicant is overpaid unemployment benefits by making a an
314		-	10.18intentional false statement or representation without in an effort to fraudulently collect
315		-	10.19benefits. Overpayment because of misrepresentation does not occur where there is
316		-	10.20unintentional mistake or a good faith belief as to the correctness of the statement or
317		-	10.21representation.
318		-	10.22 (b) In reviewing the facts of an alleged misrepresentation, the department shall consider
319		-	10.23any literacy, language, disability, and mental health barriers of the applicant. After the
320		-	10.24discovery of facts indicating misrepresentation, the commissioner must issue a determination
321		-	10.25of overpayment penalty assessing a penalty equal to 40 15 percent of the amount overpaid.
322		-	10.26This penalty is in addition to penalties under section 268.183.
323		-	10.27 (b) (c) Unless the applicant files an appeal within 20 60 calendar days after the sending
324		-	10.28of a determination of overpayment penalty to the applicant by mail or electronic transmission,
325		-	10.29the determination is final. Proceedings on the appeal are conducted in accordance with
326		-	10.30section 268.105.
327		-	10.31 (c) (d) A determination of overpayment penalty must state the methods of collection the
328		-	10.32commissioner may use to recover the overpayment, and penalty, and interest assessed.
329		-	10Sec. 12.
330		-	REVISOR SS H0784-1HF784 FIRST ENGROSSMENT 11.1Money received in repayment of overpaid unemployment benefits, and penalties, and interest
331		-	11.2is first applied to the benefits overpaid, and then to the penalty amount due, then to any
332		-	11.3interest due. 62.5 percent of the payments made toward the penalty are credited to the
333		-	11.4contingent account and 37.5 percent credited to the trust fund.
334		-	11.5 (d) (e) The department is authorized to issue a determination of overpayment penalty
335		-	11.6under this subdivision within 48 months of the establishment of the benefit account upon
336		-	11.7which the unemployment benefits were obtained through misrepresentation.
337		-	11.8 Subd. 2b.Interest.On any unemployment benefits obtained by misrepresentation, and
338		-	11.9any penalty amounts assessed under subdivision 2, the commissioner must assess interest
339		-	11.10on any amount that remains unpaid beginning 30 calendar days after the date of a
340		-	11.11determination of overpayment penalty. Interest is assessed at the rate of one percent per
341		-	11.12month or any part of a month. A determination of overpayment penalty must state that
342		-	11.13interest will be assessed. Interest is not assessed on unpaid interest. Interest collected under
343		-	11.14this subdivision is credited to the trust fund.
344		-	11.15 Subd. 3a.Offset of unemployment benefits.(a) The commissioner may offset from
345		-	11.16any future unemployment benefits otherwise payable the amount of a nonmisrepresentation
346		-	11.17an overpayment. Except when the nonmisrepresentation overpayment resulted because the
347		-	11.18applicant failed to report deductible earnings or deductible or benefit delaying payments,
348		-	11.19no single offset may exceed 50 percent of the amount of the payment from which the offset
349		-	11.20is made.
350		-	11.21 (b) Overpayments of unemployment benefits under a federal program, may be recovered
351		-	11.22by offset from future benefits otherwise payable.
352		-	11.23 (c) If an applicant has been overpaid unemployment benefits under the law of another
353		-	11.24state, the commissioner may offset from future benefits otherwise payable the amount of
354		-	11.25overpayment.
355		-	11.26 (d) Nonmisrepresentation Unemployment benefit overpayments may be recovered by
356		-	11.27offset from future benefits otherwise payable under a federal program.
357		-	11.28 Subd. 4.Cancellation of overpayments.(a) If unemployment benefits overpaid for
358		-	11.29reasons other than misrepresentation are not repaid or offset from subsequent benefits within
359		-	11.30six years after the date of the determination or decision holding the applicant overpaid, the
360		-	11.31commissioner must cancel the overpayment balance, and no administrative or legal
361		-	11.32proceedings may be used to enforce collection of those amounts.
362		-	11Sec. 12.
363		-	REVISOR SS H0784-1HF784 FIRST ENGROSSMENT 12.1 (b) If unemployment benefits overpaid because of misrepresentation including penalties
364		-	12.2and interest are not repaid within ten years after the date of the determination of overpayment
365		-	12.3penalty, the commissioner must cancel the overpayment balance and any penalties and
366		-	12.4interest due, and no administrative or legal proceeding may be used to enforce collection
367		-	12.5of those amounts.
368		-	12.6 (c) (b) The commissioner may cancel at any time any overpayment, including penalties
369		-	12.7and interest, that the commissioner determines is uncollectible because of death or
370		-	12.8bankruptcy.
371		-	12.9 Subd. 4a.Court fees; collection fees.(a) If the department is required to pay any court
372		-	12.10fees in an attempt to enforce collection of overpaid unemployment benefits, or penalties,
373		-	12.11or interest, the amount of the court fees may be added to the total amount due.
374		-	12.12 (b) If an applicant who has been overpaid unemployment benefits because of
375		-	12.13misrepresentation seeks to have any portion of the debt discharged under the federal
376		-	12.14bankruptcy code, and the department files an objection in bankruptcy court to the discharge,
377		-	12.15the cost of any court fees may be added to the debt if the bankruptcy court does not discharge
378		-	12.16the debt.
379		-	12.17 (c) If the Internal Revenue Service assesses the department a fee for offsetting from a
380		-	12.18federal tax refund the amount of any overpayment, including penalties and interest, the
381		-	12.19amount of the fee may be added to the total amount due. The offset amount must be put in
382		-	12.20the trust fund and that amount credited to the total amount due from the applicant.
383		-	12.21 Subd. 5.Remedies.(a) Any method undertaken to recover an overpayment of
384		-	12.22unemployment benefits, including any penalties and interest, is not an election of a method
385		-	12.23of recovery.
386		-	12.24 (b) Intervention or lack thereof, in whole or in part, in a workers' compensation matter
387		-	12.25under section 176.361 is not an election of a remedy and does not prevent the commissioner
388		-	12.26from determining an applicant ineligible for unemployment benefits.
389		-	12.27 Subd. 6.Collection of overpayments.(a) The commissioner may not compromise the
390		-	12.28amount of any overpaid unemployment benefits including penalties and interest.
391		-	12.29 (b) The commissioner has discretion regarding the recovery of any overpayment for
392		-	12.30reasons other than misrepresentation. Regardless of any law to the contrary, the commissioner
393		-	12.31is not required to refer any overpayment for reasons other than misrepresentation to a public
394		-	12.32or private collection agency, including agencies of this state.
395		-	12Sec. 12.
396		-	REVISOR SS H0784-1HF784 FIRST ENGROSSMENT 13.1 (c) Amounts overpaid for reasons other than misrepresentation are not considered a
397		-	13.2"debt" to the state of Minnesota for purposes of any reporting requirements to the
398		-	13.3commissioner of management and budget.
399		-	13.4 (d) A pending appeal under section 268.105 does not suspend the assessment of interest,
400		-	13.5penalties, or collection of an overpayment.
401		-	13.6 (e) Section 16A.626 applies to the repayment by an applicant of any overpayment, or
402		-	13.7penalty, or interest.
403		-	13.8 Sec. 13. REPEALER.
404		-	13.9 Minnesota Statutes 2022, section 268.183, is repealed.
405		-	13Sec. 13.
406		-	REVISOR SS H0784-1HF784 FIRST ENGROSSMENT 268.183 APPLICANT ADMINISTRATIVE PENALTIES.
	31	+	The bill was read for the first time and referred to the Committee on Workforce Development Finance and Policy 2.1 (1) that occurs before the effective date of a benefit account;
	32	+	2.2 (2) that the applicant, at any time during the week, has an outstanding misrepresentation
	33	+	2.3overpayment balance under section 268.18, subdivision 2, including any penalties and
	34	+	2.4interest;
	35	+	2.5 (3) (2) that the applicant is incarcerated or performing court-ordered community service.
	36	+	2.6The applicant's weekly unemployment benefit amount is reduced by one-fifth for each day
	37	+	2.7the applicant is incarcerated or performing court-ordered community service;
	38	+	2.8 (4) (3) that the applicant fails or refuses to provide information on an issue of ineligibility
	39	+	2.9required under section 268.101;
	40	+	2.10 (5) (4) that the applicant is performing services 32 hours or more, in employment, covered
	41	+	2.11employment, noncovered employment, volunteer work, or self-employment regardless of
	42	+	2.12the amount of any earnings; or
	43	+	2.13 (6) (5) with respect to which the applicant has filed an application for unemployment
	44	+	2.14benefits under any federal law or the law of any other state. If the appropriate agency finally
	45	+	2.15determines that the applicant is not entitled to establish a benefit account under federal law
	46	+	2.16or the law of any other state, this clause does not apply.
	47	+	2.17 Sec. 3. Minnesota Statutes 2022, section 268.101, subdivision 1, is amended to read:
	48	+	2.18 Subdivision 1.Notification.(a) In an application for unemployment benefits, each
	49	+	2.19applicant must report the name and the reason for no longer working for the applicant's
	50	+	2.20most recent employer, as well as the names of all employers and the reasons for no longer
	51	+	2.21working for all employers during the six calendar months before the date of the application.
	52	+	2.22If the reason reported for no longer working for any of those employers is other than a layoff
	53	+	2.23because of lack of work, that raises an issue of ineligibility that the department must
	54	+	2.24determine. An applicant must report any offers of employment refused during the eight
	55	+	2.25calendar weeks before the date of the application for unemployment benefits and the name
	56	+	2.26of the employer that made the offer. An applicant's failure to report the name of an employer,
	57	+	2.27or giving an incorrect reason for no longer working for an employer, or failing to disclose
	58	+	2.28an offer of employment that was refused, is a violation of section 268.183 268.18.
	59	+	2.29 In an application, the applicant must also provide all information necessary to determine
	60	+	2.30the applicant's eligibility for unemployment benefits under this chapter. If the applicant fails
	61	+	2.31or refuses to provide information necessary to determine the applicant's eligibility for
	62	+	2.32unemployment benefits, the applicant is ineligible for unemployment benefits under section
	63	+	2.33268.085, subdivision 2, until the applicant provides this required information.
	64	+	2Sec. 3.
	65	+	REVISOR SS/AD 23-0196701/12/23 3.1 (b) Upon establishment of a benefit account under section 268.07, subdivision 2, the
	66	+	3.2commissioner must notify, by mail or electronic transmission, all employers the applicant
	67	+	3.3was required to report on the application and all base period employers and determined
	68	+	3.4successors to those employers under section 268.051, subdivision 4, in order to provide the
	69	+	3.5employer an opportunity to raise, in a manner and format prescribed by the commissioner,
	70	+	3.6any issue of ineligibility. An employer must be informed of the effect that failure to raise
	71	+	3.7an issue of ineligibility as a result of a quit or discharge of the applicant, as provided for
	72	+	3.8under subdivision 2, paragraph (b), may have on the employer under section 268.047.
	73	+	3.9 (c) Each applicant must report any employment, and loss of employment, and offers of
	74	+	3.10employment refused, during those weeks the applicant filed continued requests for
	75	+	3.11unemployment benefits under section 268.0865. Each applicant who stops filing continued
	76	+	3.12requests during the benefit year and later begins filing continued requests during that same
	77	+	3.13benefit year must report the name of any employer the applicant worked for during the
	78	+	3.14period between the filing of continued requests and the reason the applicant stopped working
	79	+	3.15for the employer. The applicant must report any offers of employment refused during the
	80	+	3.16period between the filing of continued requests for unemployment benefits. Those employers
	81	+	3.17from which the applicant has reported a loss of employment under this paragraph must be
	82	+	3.18notified by mail or electronic transmission and provided an opportunity to raise, in a manner
	83	+	3.19prescribed by the commissioner, any issue of ineligibility. An employer must be informed
	84	+	3.20of the effect that failure to raise an issue of ineligibility as a result of a quit or a discharge
	85	+	3.21of the applicant may have on the employer under section 268.047.
	86	+	3.22 (d) The purpose for requiring the applicant to report the name of employers and the
	87	+	3.23reason for no longer working for those employers, or offers of employment refused, under
	88	+	3.24paragraphs (a) and (c) is for the commissioner to obtain information from an applicant
	89	+	3.25raising all issues that may result in the applicant being ineligible for unemployment benefits
	90	+	3.26under section 268.095, because of a quit or discharge, or the applicant being ineligible for
	91	+	3.27unemployment benefits under section 268.085, subdivision 13c. If the reason given by the
	92	+	3.28applicant for no longer working for an employer is other than a layoff because of lack of
	93	+	3.29work, that raises an issue of ineligibility and the applicant is required, as part of the
	94	+	3.30determination process under subdivision 2, paragraph (a), to state all the facts about the
	95	+	3.31cause for no longer working for the employer, if known. If the applicant fails or refuses to
	96	+	3.32provide any required information, the applicant is ineligible for unemployment benefits
	97	+	3.33under section 268.085, subdivision 2, until the applicant provides this required information.
	98	+	3Sec. 3.
	99	+	REVISOR SS/AD 23-0196701/12/23 4.1 Sec. 4. Minnesota Statutes 2022, section 268.101, subdivision 2, is amended to read:
	100	+	4.2 Subd. 2.Determination.(a) The commissioner must determine any issue of ineligibility
	101	+	4.3raised by information required from an applicant under subdivision 1, paragraph (a) or (c),
	102	+	4.4and send to the applicant and any involved employer, by mail or electronic transmission, a
	103	+	4.5document titled a determination of eligibility or a determination of ineligibility, as is
	104	+	4.6appropriate. The determination on an issue of ineligibility as a result of a quit or a discharge
	105	+	4.7of the applicant must state the effect on the employer under section 268.047. A determination
	106	+	4.8must be made in accordance with this paragraph even if a notified employer has not raised
	107	+	4.9the issue of ineligibility.
	108	+	4.10 (b) The commissioner must determine any issue of ineligibility raised by an employer
	109	+	4.11and send to the applicant and that employer, by mail or electronic transmission, a document
	110	+	4.12titled a determination of eligibility or a determination of ineligibility as is appropriate. The
	111	+	4.13determination on an issue of ineligibility as a result of a quit or discharge of the applicant
	112	+	4.14must state the effect on the employer under section 268.047.
	113	+	4.15 If a base period employer:
	114	+	4.16 (1) was not the applicant's most recent employer before the application for unemployment
	115	+	4.17benefits;
	116	+	4.18 (2) did not employ the applicant during the six calendar months before the application
	117	+	4.19for unemployment benefits; and
	118	+	4.20 (3) did not raise an issue of ineligibility as a result of a quit or discharge of the applicant
	119	+	4.21within ten calendar days of notification under subdivision 1, paragraph (b);
	120	+	4.22then any exception under section 268.047, subdivisions 2 and 3, begins the Sunday two
	121	+	4.23weeks following the week that the issue of ineligibility as a result of a quit or discharge of
	122	+	4.24the applicant was raised by the employer.
	123	+	4.25 A communication from an employer must specifically set out why the applicant should
	124	+	4.26be determined ineligible for unemployment benefits for that communication to be considered
	125	+	4.27to have raised an issue of ineligibility for purposes of this section. A statement of "protest"
	126	+	4.28or a similar term without more information does not constitute raising an issue of ineligibility
	127	+	4.29for purposes of this section.
	128	+	4.30 (c) Subject to section 268.031, an issue of ineligibility is determined based upon that
	129	+	4.31information required of an applicant, any information that may be obtained from an applicant
	130	+	4.32or employer, and information from any other source.
	131	+	4Sec. 4.
	132	+	REVISOR SS/AD 23-0196701/12/23 5.1 (d) Regardless of the requirements of this subdivision, the commissioner is not required
	133	+	5.2to send to an applicant a copy of the determination where the applicant has satisfied a period
	134	+	5.3of ineligibility because of a quit or a discharge under section 268.095, subdivision 10.
	135	+	5.4 (e) The department is authorized to issue a determination on an issue of ineligibility
	136	+	5.5within 24 months from the establishment of a benefit account based upon information from
	137	+	5.6any source, even if the issue of ineligibility was not raised by the applicant or an employer.
	138	+	5.7 If an applicant obtained unemployment benefits through misrepresentation under section
	139	+	5.8268.18, subdivision 2, the department is authorized to issue a determination of ineligibility
	140	+	5.9within 48 months of the establishment of the benefit account.
	141	+	5.10 If the department has filed an intervention in a worker's compensation matter under
	142	+	5.11section 176.361, the department is authorized to issue a determination of ineligibility within
	143	+	5.1248 months of the establishment of the benefit account.
	144	+	5.13 (f) A determination of eligibility or determination of ineligibility is final unless an appeal
	145	+	5.14is filed by the applicant or employer within 20 calendar days after sending. The determination
	146	+	5.15must contain a prominent statement indicating the consequences of not appealing.
	147	+	5.16Proceedings on the appeal are conducted in accordance with section 268.105.
	148	+	5.17 (g) An issue of ineligibility required to be determined under this section includes any
	149	+	5.18question regarding the denial or allowing of unemployment benefits under this chapter
	150	+	5.19except for issues under section 268.07. An issue of ineligibility for purposes of this section
	151	+	5.20includes any question of effect on an employer under section 268.047.
	152	+	5.21 Sec. 5. Minnesota Statutes 2022, section 268.133, is amended to read:
	153	+	5.22 268.133 UNEMPLOYMENT BENEFITS WHILE IN ENTREPRENEURIAL
	154	+	5.23TRAINING.
	155	+	5.24 Unemployment benefits are available to dislocated workers participating in the converting
	156	+	5.25layoffs into Minnesota businesses (CLIMB) program under section 116L.17, subdivision
	157	+	5.2611. Applicants participating in CLIMB are considered in reemployment assistance training
	158	+	5.27under section 268.035, subdivision 21c. All requirements under section 268.069, subdivision
	159	+	5.281, must be met, except the commissioner may waive:
	160	+	5.29 (1) the deductible earnings provisions in section 268.085, subdivision 5; and
	161	+	5.30 (2) the 32 hours of work limitation in section 268.085, subdivision 2, clause (5) (4). A
	162	+	5.31maximum of 500 applicants may receive a waiver at any given time.
	163	+	5Sec. 5.
	164	+	REVISOR SS/AD 23-0196701/12/23 6.1 Sec. 6. Minnesota Statutes 2022, section 268.18, is amended to read:
	165	+	6.2 268.18 UNEMPLOYMENT BENEFIT OVERPAYMENTS.
	166	+	6.3 Subdivision 1.Repaying an overpayment.(a) Any applicant who (1) because of a
	167	+	6.4determination or amended determination issued under section 268.07 or 268.101, or any
	168	+	6.5other section of this chapter, or (2) because of an unemployment law judge's decision under
	169	+	6.6section 268.105, has received any unemployment benefits that the applicant was held not
	170	+	6.7entitled to, is overpaid the benefits, and must promptly repay the benefits to the trust fund.
	171	+	6.8 (b) If the applicant fails to repay the unemployment benefits overpaid, including any
	172	+	6.9penalty and interest assessed under subdivisions subdivision 2 and 2b, the total due may be
	173	+	6.10collected by the methods allowed under state and federal law.
	174	+	6.11 Subd. 2.Overpayment because of misrepresentation.(a) An applicant has committed
	175	+	6.12misrepresentation if the applicant is overpaid unemployment benefits by making a an
	176	+	6.13intentional false statement or representation without in an effort to fraudulently collect
	177	+	6.14benefits. Overpayment because of misrepresentation does not occur where there is
	178	+	6.15unintentional mistake or a good faith belief as to the correctness of the statement or
	179	+	6.16representation.
	180	+	6.17 (b) In reviewing the facts of an alleged misrepresentation, the department shall consider
	181	+	6.18any literacy, language, disability, and mental health barriers of the applicant. After the
	182	+	6.19discovery of facts indicating misrepresentation, the commissioner must issue a determination
	183	+	6.20of overpayment penalty assessing a penalty equal to 40 15 percent of the amount overpaid.
	184	+	6.21This penalty is in addition to penalties under section 268.183.
	185	+	6.22 (b) (c) Unless the applicant files an appeal within 20 60 calendar days after the sending
	186	+	6.23of a determination of overpayment penalty to the applicant by mail or electronic transmission,
	187	+	6.24the determination is final. Proceedings on the appeal are conducted in accordance with
	188	+	6.25section 268.105.
	189	+	6.26 (c) (d) A determination of overpayment penalty must state the methods of collection the
	190	+	6.27commissioner may use to recover the overpayment, and penalty, and interest assessed.
	191	+	6.28Money received in repayment of overpaid unemployment benefits, and penalties, and interest
	192	+	6.29is first applied to the benefits overpaid, and then to the penalty amount due, then to any
	193	+	6.30interest due. 62.5 percent of the payments made toward the penalty are credited to the
	194	+	6.31contingent account and 37.5 percent credited to the trust fund.
	195	+	6Sec. 6.
	196	+	REVISOR SS/AD 23-0196701/12/23 7.1 (d) (e) The department is authorized to issue a determination of overpayment penalty
	197	+	7.2under this subdivision within 48 months of the establishment of the benefit account upon
	198	+	7.3which the unemployment benefits were obtained through misrepresentation.
	199	+	7.4 Subd. 2b.Interest.On any unemployment benefits obtained by misrepresentation, and
	200	+	7.5any penalty amounts assessed under subdivision 2, the commissioner must assess interest
	201	+	7.6on any amount that remains unpaid beginning 30 calendar days after the date of a
	202	+	7.7determination of overpayment penalty. Interest is assessed at the rate of one percent per
	203	+	7.8month or any part of a month. A determination of overpayment penalty must state that
	204	+	7.9interest will be assessed. Interest is not assessed on unpaid interest. Interest collected under
	205	+	7.10this subdivision is credited to the trust fund.
	206	+	7.11 Subd. 3a.Offset of unemployment benefits.(a) The commissioner may offset from
	207	+	7.12any future unemployment benefits otherwise payable the amount of a nonmisrepresentation
	208	+	7.13an overpayment. Except when the nonmisrepresentation overpayment resulted because the
	209	+	7.14applicant failed to report deductible earnings or deductible or benefit delaying payments,
	210	+	7.15no single offset may exceed 50 percent of the amount of the payment from which the offset
	211	+	7.16is made.
	212	+	7.17 (b) Overpayments of unemployment benefits under a federal program, may be recovered
	213	+	7.18by offset from future benefits otherwise payable.
	214	+	7.19 (c) If an applicant has been overpaid unemployment benefits under the law of another
	215	+	7.20state, the commissioner may offset from future benefits otherwise payable the amount of
	216	+	7.21overpayment.
	217	+	7.22 (d) Nonmisrepresentation Unemployment benefit overpayments may be recovered by
	218	+	7.23offset from future benefits otherwise payable under a federal program.
	219	+	7.24 Subd. 4.Cancellation of overpayments.(a) If unemployment benefits overpaid for
	220	+	7.25reasons other than misrepresentation are not repaid or offset from subsequent benefits within
	221	+	7.26six years after the date of the determination or decision holding the applicant overpaid, the
	222	+	7.27commissioner must cancel the overpayment balance, and no administrative or legal
	223	+	7.28proceedings may be used to enforce collection of those amounts.
	224	+	7.29 (b) If unemployment benefits overpaid because of misrepresentation including penalties
	225	+	7.30and interest are not repaid within ten years after the date of the determination of overpayment
	226	+	7.31penalty, the commissioner must cancel the overpayment balance and any penalties and
	227	+	7.32interest due, and no administrative or legal proceeding may be used to enforce collection
	228	+	7.33of those amounts.
	229	+	7Sec. 6.
	230	+	REVISOR SS/AD 23-0196701/12/23 8.1 (c) (b) The commissioner may cancel at any time any overpayment, including penalties
	231	+	8.2and interest, that the commissioner determines is uncollectible because of death or
	232	+	8.3bankruptcy.
	233	+	8.4 Subd. 4a.Court fees; collection fees.(a) If the department is required to pay any court
	234	+	8.5fees in an attempt to enforce collection of overpaid unemployment benefits, or penalties,
	235	+	8.6or interest, the amount of the court fees may be added to the total amount due.
	236	+	8.7 (b) If an applicant who has been overpaid unemployment benefits because of
	237	+	8.8misrepresentation seeks to have any portion of the debt discharged under the federal
	238	+	8.9bankruptcy code, and the department files an objection in bankruptcy court to the discharge,
	239	+	8.10the cost of any court fees may be added to the debt if the bankruptcy court does not discharge
	240	+	8.11the debt.
	241	+	8.12 (c) If the Internal Revenue Service assesses the department a fee for offsetting from a
	242	+	8.13federal tax refund the amount of any overpayment, including penalties and interest, the
	243	+	8.14amount of the fee may be added to the total amount due. The offset amount must be put in
	244	+	8.15the trust fund and that amount credited to the total amount due from the applicant.
	245	+	8.16 Subd. 5.Remedies.(a) Any method undertaken to recover an overpayment of
	246	+	8.17unemployment benefits, including any penalties and interest, is not an election of a method
	247	+	8.18of recovery.
	248	+	8.19 (b) Intervention or lack thereof, in whole or in part, in a workers' compensation matter
	249	+	8.20under section 176.361 is not an election of a remedy and does not prevent the commissioner
	250	+	8.21from determining an applicant ineligible for unemployment benefits.
	251	+	8.22 Subd. 6.Collection of overpayments.(a) The commissioner may not compromise the
	252	+	8.23amount of any overpaid unemployment benefits including penalties and interest.
	253	+	8.24 (b) The commissioner has discretion regarding the recovery of any overpayment for
	254	+	8.25reasons other than misrepresentation. Regardless of any law to the contrary, the commissioner
	255	+	8.26is not required to refer any overpayment for reasons other than misrepresentation to a public
	256	+	8.27or private collection agency, including agencies of this state.
	257	+	8.28 (c) Amounts overpaid for reasons other than misrepresentation are not considered a
	258	+	8.29"debt" to the state of Minnesota for purposes of any reporting requirements to the
	259	+	8.30commissioner of management and budget.
	260	+	8.31 (d) A pending appeal under section 268.105 does not suspend the assessment of interest,
	261	+	8.32penalties, or collection of an overpayment.
	262	+	8Sec. 6.
	263	+	REVISOR SS/AD 23-0196701/12/23 9.1 (e) Section 16A.626 applies to the repayment by an applicant of any overpayment, or
	264	+	9.2penalty, or interest.
	265	+	9.3 Sec. 7. REPEALER.
	266	+	9.4 Minnesota Statutes 2022, section 268.183, is repealed.
	267	+	9Sec. 7.
	268	+	REVISOR SS/AD 23-0196701/12/23 268.183 APPLICANT ADMINISTRATIVE PENALTIES.
407	269		(a) Any applicant who makes a false statement or representation without a good faith belief as
408	270		to the correctness of the statement or representation, in order to obtain or in an attempt to obtain
409	271		unemployment benefits may be assessed, in addition to any other penalties, an administrative penalty
410	272		of being ineligible for unemployment benefits for 13 to 104 weeks.
411	273		(b) A determination of ineligibility setting out the weeks the applicant is ineligible must be sent
412	274		to the applicant by mail or electronic transmission. The department is authorized to issue a
413	275		determination of ineligibility under this subdivision within 48 months of the establishment of the
414	276		benefit account upon which the unemployment benefits were obtained, or attempted to be obtained.
415	277		Unless an appeal is filed within 20 calendar days of sending, the determination is final. Proceedings
416	278		on the appeal are conducted in accordance with section 268.105.
417	279		1R
418	280		APPENDIX
419		-	Repealed Minnesota Statutes: ~~H0784-1~~
	281	+	Repealed Minnesota Statutes: 23-01967