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New changes could be coming to jobless benefits laws

By: Erika Strebel, [email protected]//January 24, 2017//

New changes could be coming to jobless benefits laws

By: Erika Strebel, [email protected]//January 24, 2017//

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DWD proposing lower standard of proof in certain cases

The state’s Department of Workforce Development is proposing several changes to the state’s unemployment-benefits laws.

At a public meeting last week, department officials presented nine proposals to the Unemployment Insurance Advisory Council, a panel that advises state lawmakers on unemployment-benefits matters. More proposals are on the way, said Janell Knutson, chairwoman of the council.

The proposals include one that would change the standard of proof in cases involving jobless benefits. The department is proposing that the standard used to evaluate all issues of fact in these cases, except for those involving criminal penalties, be the preponderance of the evidence.

Currently, according to the department’s memo, there is no uniform standard of proof now in use. Cases involving allegations of benefits fraud, for instance, rely on a higher standard — one calling for proof from clear and convincing evidence.

The DWD is also seeking to changes the law involving employees and employers who fail to provide required information to the department. One proposal would charge benefits to employers who fail to respond to the department’s requests for information.

Andy Rubsam, attorney with the department’s bureau of legal affairs, said the proposal is meant to overcome obstacles that the department often encounters when investigating cases involving benefits fraud cases. These obstacles tend to be particularly daunting when benefits have already been paid out.

There is now no criminal penalty for failing to return weekly wage-benefit verification forms, although anyone who refuses to keep or furnish information required by the department can be sentenced to up to 90 days in jail and fined between $100 and $500.

Rubsam said the proposed language for the change will be presented to the council at next month’s meeting.

He noted that the department is also proposing similar changes for benefits claimants who fail to answer the department’s requests for information.

“The theme is to add equity,” he said.

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