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Code of Federal Regulations Pertaining to ETA |
| Employees' Benefits |
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| Employment and Training Administration, Department of Labor |
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| Quality Control In the Federal-State Unemployment Insurance System |
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| State Responsibilities |
Each State shall:
(a) Perform the requirements of this section in accordance with
instructions issued by the Department, pursuant to Sec. 602.30(a) of
this part, to ensure standardization of methods and procedures in a
manner consistent with this part;
(b) Select representative samples for QC study of at least a minimum
size specified by the Department to ensure statistical validity (for
benefit payments, a minimum of 400 cases of weeks paid per State per
year);
(c) Complete prompt and in-depth case investigations to determine
the degree of accuracy and timeliness in the administration of the State
UI law and Federal programs with respect to benefit determinations,
benefit payments, and revenue collections; and conduct other
measurements and studies necessary or appropriate for carrying out the
purposes of this part; and in conducting investigations each State
shall:
(1) Inform claimants in writing that the information obtained from a
QC investigation may affect their eligibility
for benefits and inform employers in writing that the information
obtained from a QC investigation of revenue may affect their tax
liability,
(2) Use a questionnaire, prescribed by the Department, which is
designed to obtain such data as the Department deems necessary for the
operation of the QC program; require completion of the questionnaire by
claimants in accordance with the eligibility and reporting authority
under State law,
(3) Collect data identified by the Department as necessary for the
operation of the QC program; however, the collection of demographic data
will be limited to those data which relate to an individual's
eligibility for UI benefits and necessary to conduct proportions tests
to validate the selection of representative samples (the demographic
data elements necessary to conduct proportions tests are claimants' date
of birth, sex, and ethnic classification); and
(4) Conclude all findings of inaccuracy as detected through QC
investigations with appropriate official actions, in accordance with the
applicable State and Federal laws; make any determinations with respect
to individual benefit claims in accordance with the Secretary's
``Standard for Claim Determinations--Separation Information'' in the
Employment Security Manual, part V, sections 6010-6015 (appendix A of
this part);
(d) Classify benefit case findings resulting from QC investigations
as:
(1) Proper payments, underpayments, or overpayments in benefit
payment cases, or
(2) Proper denials or underpayments in benefit denial cases;
(e) Make and maintain records pertaining to the QC program, and make
all such records available in a timely manner for inspection,
examination, and audit by such Federal officials as the Secretary may
designate or as may be required or authorized by law;
(f) Furnish information and reports to the Department, including
weekly transmissions of case data entered into the automated QC system
and annual reports, without, in any manner, identifying individuals to
whom such data pertain; and
(g) Release the results of the QC program at the same time each
year, providing calendar year results using a standardized format to
present the data as prescribed by the Department; States will have the
opportunity to release this information prior to any release by the
Department.
(Approved by the Office of Management and Budget under Control Number
1205-0245)