This section shall govern the Agency in its administrative cooperation
with other states adopting a similar rule or regulation for the payment of
benefits to interstate claimants, any provision of any other rule to the contrary
notwithstanding.
(1) Definitions. As used in this section, the following words
and terms shall have the following meanings, unless the context clearly indicates
otherwise.
(A) Agent state--Any state from which or through which an individual
files a claim for benefits from another state.
(B) Benefits--The compensation payable to an individual with
respect to the individual's unemployment, under the unemployment insurance
law of any state.
(C) Interstate benefit payment plan--The plan approved by the
Interstate Conference of Employment Security Agencies under which benefits
shall be payable to unemployed individuals absent from the state (or states)
in which benefit credits have been accumulated.
(D) Interstate claimant--An individual who claims benefits
under the unemployment insurance law of one or more liable states through
the facilities of an agent state, or directly with the liable state. The term
"interstate claimant" shall not include any individual who customarily commutes
from a residence in an agent state to work in a liable state unless the Agency
finds that this exclusion would create undue hardship on the claimants in
specified areas.
(E) Liable state--Any state against which an individual files,
through another state, a claim for benefits.
(F) State--Includes the District of Columbia, Puerto Rico,
and the Virgin Islands.
(G) Week of unemployment--Includes any week of unemployment
as defined in the law of the liable state from which benefits with respect
to the week are claimed.
(2) Registration for work.
(A) The agent state shall register for work each claimant who
files through the agent state, or upon notification of a claim filed directly
with the liable state, as required by the law, regulations, and procedures
of the agent state. The registration shall be accepted as meeting the registration
requirements of the liable state.
(B) Each agent state shall duly report, to the liable state
in question, each interstate claimant who fails to meet the registration/re-employment
assistance reporting requirements of the agent state.
(3) Benefit rights of interstate claimants.
(A) If a claimant files a claim against any state, and it is
determined by the state that the claimant has available benefit credits in
the state, then claims shall be filed only against the state as long as benefit
credits are available in that state. Thereafter, the claimant may file claims
against any other state in which there are available benefit credits.
(B) For the purposes of this section, benefit credits shall
be deemed to be unavailable whenever benefits have been exhausted, terminated,
or postponed for an indefinite period or for the entire period in which benefits
would otherwise be payable, or whenever benefits are affected by the applications
of a seasonal restriction.
(4) Claims for benefits.
(A) Claims for benefits or waiting-period credit filed by an
interstate claimant directly with the liable state shall be filed in accordance
with the liable state's procedures. Claims shall be filed in accordance with
the type of week in use in the agent state. Any adjustments required to fit
the type of week used by the liable state shall be made by the liable state
on the basis of consecutive claims filed.
(B) Claims shall be filed in accordance with the agent state's
regulations for intrastate claims in the local employment offices, affiliated
sites, one-stop centers, or at an itinerant service point or by mail, common
carrier or by other means, including telephonic or electronic means, as the
Agency may approve.
(i) With respect to claims for weeks of unemployment in which
an individual was not working for the individual's regular employer, the liable
state shall, under circumstances which it considers good cause, accept a continued
claim filed up to one week or one reporting period late. If a claimant files
more than one reporting period late, an initial interstate claim shall be
used to begin a claim series, and no continued claim for a past period shall
be accepted.
(ii) With respect to weeks of unemployment during which an
individual is attached to the individual's regular employer, the liable state
shall accept any claim which is filed within the time limit applicable to
the claims under the law of the agent state.
(5) Determination of claims.
(A) The agent state shall, in connection with each claim filed
by an interstate claimant, ascertain and report to the liable state in question
the facts relating to the claimant's availability for work and eligibility
for benefits as are readily determinable in and by the agent state.
(B) The agent state's responsibility and authority in connection
with the determination of interstate claims shall be limited to investigation
and reporting of relevant facts and the reporting of relevant facts pertaining
to each claimant's failure to register for work or report for re-employment
assistance as required by the agent state. The agent state shall not refuse
to take an interstate claim.
(6) Appellate procedure.
(A) The agent state shall afford all reasonable cooperation
in the taking of evidence and the holding of hearings in connection with appealed
interstate benefit claims.
(B) With respect to the time limits imposed by the law of a
liable state other than Texas, upon the filing of an appeal in connection
with a disputed claim, whether or not the appeal is timely shall be determined
by the liable state by reference to that state's law, regulations, or policies
and practices. In interstate appeals in which Texas is the liable state, whether
or not the appeal is timely shall be determined by reference to relevant provisions
of the Texas Unemployment Compensation Act and current Agency policies and
precedent decisions applicable to intrastate appeals.
(C) The liable state shall conduct hearings in connection with
appealed interstate benefit claims. The liable state may contact the agent
state for assistance in special circumstances.
(7) Canadian claims. This section shall apply in all its provisions
to claims taken in and for Canada.
(8) Notification of interstate claim. The liable state shall
notify the agent state of each initial claim, reopened file, claim transferred
to interstate status, and each week claim filed from the agent state using
uniform procedures and record format pursuant to the Interstate Benefit Payment
Plan.
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