Section 23.20.387. Disqualification for misrepresentation.

   (a) An insured worker is disqualified for benefits for the week with respect to which the false statement or misrepresentation was made and for an additional period of not less than six weeks or more than 52 weeks if the department determines that the insured worker has knowingly made a false statement or misrepresentation of a material fact or knowingly failed to report a material fact with intent to obtain or increase benefits under this chapter. The length of the additional disqualification and the beginning date of that disqualification shall be determined by the department according to the circumstances in each case.
   (b) A person may not be disqualified from receiving benefits under this section unless there is documented evidence that the person has made a false statement or a misrepresentation as to a material fact or has failed to disclose a material fact. Before a determination of fraudulent misrepresentation or nondisclosure may be made, there must be a preponderance of evidence of an intention to defraud, and the false statement or misrepresentation must be shown to be knowing and to involve a material fact.
   (c) The insured worker shall be notified of the department's determination under this section as provided in AS 23.20.340(f) and may appeal the determination as provided in AS 23.20.415.

Authorities

23.20.390

Notes

Implemented As

8 AAC 85.380

References

8 AAC 85.380
AS 23.20.390 Recovery of improper payments; penalty.

History

(Sec. 61 ch 9 SLA 1980; am Sec. 24 ch 100 SLA 1989)