Rhode Island General Laws
Chapter 28-44 - Employment Security — Benefits
Section 28-44-38. - Filing of claims — Procedures — Printed copies — Notices.

§ 28-44-38. Filing of claims — Procedures — Printed copies — Notices.
(a) Claims for waiting period credit and for benefits shall be filed in accordance with regulations adopted as prescribed. Each employer shall post and maintain printed copies or statements of those regulations in places readily accessible to individuals employed by him or her. The director shall supply each employer with copies of those regulations or statements of the regulations without cost to the employers.
(b) The director shall prescribe the type of reports required from employers and the manner in which the reports shall be presented.
(c) Upon the filing of a claim, the director shall promptly notify the most recent employer and all employers for whom the claimant states he or she performed services and earned wages during his or her base period. The employers shall promptly furnish the information required to determine the claimant’s benefit rights. If the claimant’s employer or employers have any information that might affect either the validity of the claim or the right of the claimant to waiting period credit or benefits, the employer shall return the notice with that information. If an employer fails without good cause as established to the satisfaction of the director to return this notice within ten (10) working days of its mailing, the employer shall have no standing to contest any determination to be made by the director with respect to the claim and any benefit charges pursuant to it, and the employer shall be barred from being a party to any further proceedings relating to the claim. Notwithstanding any inconsistent provisions of chapters 42 — 44 of this title, any employer who or that fails to return the notice within that time shall pay a penalty of twenty-five dollars ($25.00) for each failure. The preceding penalty shall be paid into the employment security tardy account fund, and if any employer fails to pay the penalty, when assessed, it shall be collected by civil action as provided in § 28-43-18.
History of Section.P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1939, ch. 670, § 7; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-38; P.L. 1958 (s.s.), ch. 215, § 3; P.L. 1987, ch. 418, § 2; P.L. 1997, ch. 34, § 3; P.L. 2015, ch. 101, § 2; P.L. 2015, ch. 113, § 2.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 28 - Labor and Labor Relations

Chapter 28-44 - Employment Security — Benefits

Section 28-44-1. - Source and manner of payment of benefits — Services covered by federal law.

Section 28-44-2. - Payment day on holiday.

Section 28-44-3. - Wages considered in computing benefits.

Section 28-44-3.1. - [Repealed.]

Section 28-44-4. - Inclusion of unpaid wages.

Section 28-44-5. - [Repealed.]

Section 28-44-6. - Weekly benefits for total unemployment — Year established — Dependents’ allowance.

Section 28-44-7. - Partial unemployment benefits.

Section 28-44-8. - Lag day benefits.

Section 28-44-9. - Duration of benefits.

Section 28-44-10. - Termination of benefit year.

Section 28-44-11. - Earnings requirement for benefits.

Section 28-44-12. - Availability and registration for work.

Section 28-44-13. - Report of wages received.

Section 28-44-14. - Waiting period.

Section 28-44-15. - [Repealed.]

Section 28-44-16. - Labor disputes.

Section 28-44-17. - Voluntary leaving without good cause.

Section 28-44-17.1. - Voluntary leaving as protection from domestic abuse.

Section 28-44-18. - Discharge for misconduct.

Section 28-44-19. - Receipt of compensation.

Section 28-44-19.1. - Disqualifying income.

Section 28-44-20. - Refusal of suitable work.

Section 28-44-21. - Vacation periods.

Section 28-44-22, 28-44-23. - [Repealed.]

Section 28-44-24. - Disqualification for fraud.

Section 28-44-25 - — 28-44-36. [Repealed.]

Section 28-44-37. - Place of filing claims.

Section 28-44-38. - Filing of claims — Procedures — Printed copies — Notices.

Section 28-44-39. - Initial determination — Notice — Reconsideration of monetary determination — Reconsideration of initial non-monetary determination — Discovery of issue — Appeal — Interested party.

Section 28-44-40. - Payment of benefits pending appeal.

Section 28-44-41. - Determinations with respect to labor disputes.

Section 28-44-42. - Appointment of appeal tribunals.

Section 28-44-43. - Filing of appeals from director — Parties — Withdrawal.

Section 28-44-44. - Procedure before appeal tribunal — Record.

Section 28-44-45. - Consolidated appeals.

Section 28-44-46. - Decision of appeal tribunal.

Section 28-44-47. - Appeal to board of review.

Section 28-44-48. - Removal or transfer of pending appeals.

Section 28-44-49. - Conclusiveness of decisions — Reopening for fraud or coercion.

Section 28-44-50. - Rule of decision — Certification of questions to board of review.

Section 28-44-50.1. - Limits of board of review legal precedent.

Section 28-44-51. - Denial of appeal as decision of board of review.

Section 28-44-52. - Finality of board’s decision — Petition for judicial review.

Section 28-44-53. - Parties to judicial review — Service of petition — Certification of record.

Section 28-44-54. - Scope of judicial review — Additional evidence — Precedence of proceedings.

Section 28-44-55. - Appeal to supreme court.

Section 28-44-56. - Waiver of rights void — Agreements to pay employer’s contributions.

Section 28-44-57. - Fees and costs chargeable.

Section 28-44-58. - Exemption of benefits from assignment or process.

Section 28-44-58.1. - Child support intercept of benefits.

Section 28-44-58.2. - Voluntary withholding of income taxes.

Section 28-44-59. - Severance or dismissal pay allocation.

Section 28-44-60. - Eligibility for adult basic education or vocational training.

Section 28-44-61. - Holiday pay.

Section 28-44-62. - Extended benefits.

Section 28-44-63. - Benefit payments for services with nonprofit organizations, institutions of higher education, and hospitals.

Section 28-44-63.1. - [Repealed.]

Section 28-44-64, 28-44-65. - [Repealed.]

Section 28-44-66. - Athletes.

Section 28-44-67. - Denial of unemployment compensation to illegal aliens.

Section 28-44-68. - Benefit payments for services with nonprofit organizations, educational institutions, and governmental entities.

Section 28-44-69. - Work-sharing benefits.

Section 28-44-70. - Entrepreneurial training assistance program.

Section 28-44-71. - Back to Work Rhode Island Program.