(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.
Structure Alaska Statutes
Title 23. Labor and Workers' Compensation
Chapter 20. Alaska Employment Security Act
Sec. 23.20.335. Notice to employees.
Sec. 23.20.340. Determination of claims.
Sec. 23.20.345. Payment of benefits.
Sec. 23.20.350. Amount of benefits.
Sec. 23.20.353. Supplemental state benefits.
Sec. 23.20.354. State interim benefits.
Sec. 23.20.360. Earnings deducted from weekly benefit amount.
Sec. 23.20.362. Disqualifying or deductible income.
Sec. 23.20.365. Limited liability of state.
Sec. 23.20.370. Benefits of decedent or incompetent.
Sec. 23.20.375. Filing requirements.
Sec. 23.20.376. Base period extension and limitation.
Sec. 23.20.378. Able to work and available for suitable work.
Sec. 23.20.379. Voluntary quit, discharge for misconduct, and refusal of work.
Sec. 23.20.381. Other disqualifications.
Sec. 23.20.382. Benefits while attending approved vocational training course.
Sec. 23.20.383. Labor dispute disqualification.
Sec. 23.20.385. Suitable work.
Sec. 23.20.387. Disqualification for misrepresentation.
Sec. 23.20.390. Recovery of improper payments; penalty.
Sec. 23.20.392. Deductions from back pay awards.
Sec. 23.20.395. Waiver of rights void.
Sec. 23.20.400. Limitation of fees.
Sec. 23.20.401. Child support interception.