39-51-2402. Initial determination -- redetermination. (1) A representative designated by the department and hereinafter referred to as a deputy shall promptly examine the claim and, on the basis of the facts found by the deputy, shall either determine whether or not such claim is valid and, if valid, the week with respect to which benefits shall commence, the weekly benefit amount payable, and the maximum benefit amount or shall refer such claim or any question involved therein to an appeals referee who shall make the decision with respect thereto in accordance with the procedure prescribed in 39-51-2403. The deputy shall promptly notify the claimant and any other interested party of the decision and the reasons therefor.
     (2) The deputy may for good cause reconsider the decision and shall promptly notify the claimant and such other interested parties of the amended decision and the reasons therefor.
     (3) No determination or redetermination of an initial or additional claim may be made under this section unless 5 days' notice of the time and place of the claimant's interview for examination of the claim is mailed to each interested party.
     (4) A determination or redetermination shall be deemed final unless an interested party entitled to notice thereof applies for reconsideration of the determination or appeals therefrom within 10 days after such notification was mailed to the interested party's last-known address, provided that such period may be extended for good cause.
     (5) Except as provided in subsection (6), no redetermination of a claim for benefits may be made after 2 years from the date of the initial determination.
     (6) A redetermination may be made within 3 years from the date of the initial determination of a claim if the initial determination was based on a false claim, misrepresentation, or failure to disclose a material fact by the claimant or the employer."

     History: En. Sec. 6 (a) to (e), Ch. 137, L. 1937; amd. Sec. 2, Ch. 171, L. 1957; amd. Sec. 1, Ch. 262, L. 1973; amd. Sec. 3, Ch. 368, L. 1975; amd. Sec. 1, Ch. 20, L. 1977; R.C.M. 1947, 87-107(b), (c); amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 4, Ch. 153, L. 1987; amd. Sec. 18, Ch. 234, L. 1987; amd. Sec. 10, Ch. 618, L. 1989.