787 KAR 1:070. Reasonable time for protesting claim.

 

      RELATES TO: KRS 341.370(3), 341.530(3)

      STATUTORY AUTHORITY: KRS 151B.020, 341.115, 341.370(3), 341.530(3)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.370(3) and 341.530(3) require the secretary to promulgate administrative regulations establishing what constitutes reasonable time within which an employer shall protest a claim by a former worker. This administrative regulation establishes the requirements for determining reasonable time.

 

      Section 1. (1) Except as provided in Section 2 of this administrative regulation, the reasonable time referred to in KRS 341.370(3) or 341.530(3) shall not extend beyond fifteen (15) days after the date of the first notice to the employer from the department that a claim has been filed.

      (2) In computing this fifteen (15) day period:

      (a) The day following the date of mailing of the notice shall be considered the first day; and

      (b) The date the employer's return notice is received by the department shall be determined as provided in 787 KAR 1:230.

 

      Section 2. (1) If the employer is not the worker's most recent employer and has not received Form UI-412A as provided in 787 KAR 1:060, the reasonable time referred to in KRS 341.530(3) shall not extend beyond fifteen (15) days after the date of first notice to the employer from the department that a claim has been filed.

      (2) In computing the fifteen (15) day period:

      (a) The day following the date of mailing of the notice shall be considered the first day; and

      (b) The date the employer's return notice is received by the department shall be determined as provided as 787 KAR 1:230. (22 Ky.R. 460; Am. 909; eff. 11-6-1995; 33 Ky.R. 2174; 3179; eff. 5-4-2007; 37 Ky.R. 2994; eff. 9-2-2011.)