Okla. Stat. tit. 40, § 40-2-506
This is the official text of Okla. Stat. tit. 40, § 40-2-506, part of Oklahoma’s Stat. tit. 40, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 40,." Browse the sections below, each linked to its official government source.
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Redeterminations
Official statutory text
REDETERMINATIONS.
The Oklahoma Employment Security Commission may reconsider a
determination only when it finds that an error in computation or
identity has occurred in connection therewith, or that wages of the
claimant pertinent to such determination, but not considered in
connection therewith, have been newly determined, or that reimbursed
pay or back pay was received by a claimant under circumstances that
would reduce the amount of benefits drawn, or that benefits have
been allowed or denied or the amount of benefits fixed on the basis
of misrepresentation or mistake of material facts, but no such
redetermination shall be made after the expiration of the benefit
year established by the initial determination, except that a
determination made because of a false statement or representation or
failure to disclose a material fact in violation of Section 5-102 or
5-103 of this title may be redetermined within two (2) years from
the date of such false statement or representation or failure to
disclose. Notice of any such redetermination shall be promptly
given to the parties entitled to notice of the original
determination, in the manner prescribed in the Employment Security
Act of 1980 with respect to notice of an original determination. If
the amount of benefits is increased upon such redetermination, an
appeal therefrom solely with respect to the matters involved in such
increase may be filed in the manner and subject to the limitations
provided in Part 5 of Article 2 of the Employment Security Act of
1980. If the amount of benefits is decreased upon such
redetermination, the matters involved in such decrease shall be
subject to review in connection with an appeal by claimant from any
determination upon a subsequent claim for benefits which may be
affected in amount or duration by such redetermination. Subject to
the same limitations and for the same reasons, the Commission may
reconsider the determination in any case in which the final decision
has been rendered by an appeal tribunal, the Board of Review or a
court, and may apply to the body or court which rendered such final
decision to issue a revised decision. In the event that an appeal
involving an original determination is pending as of the date a
redetermination thereof is issued, such appeal, unless withdrawn,
shall be treated as an appeal from such redetermination.
Oklahoma Statutes - Title 40. Labor Page 81
The Oklahoma Employment Security Commission may reconsider a
determination only when it finds that an error in computation or
identity has occurred in connection therewith, or that wages of the
claimant pertinent to such determination, but not considered in
connection therewith, have been newly determined, or that reimbursed
pay or back pay was received by a claimant under circumstances that
would reduce the amount of benefits drawn, or that benefits have
been allowed or denied or the amount of benefits fixed on the basis
of misrepresentation or mistake of material facts, but no such
redetermination shall be made after the expiration of the benefit
year established by the initial determination, except that a
determination made because of a false statement or representation or
failure to disclose a material fact in violation of Section 5-102 or
5-103 of this title may be redetermined within two (2) years from
the date of such false statement or representation or failure to
disclose. Notice of any such redetermination shall be promptly
given to the parties entitled to notice of the original
determination, in the manner prescribed in the Employment Security
Act of 1980 with respect to notice of an original determination. If
the amount of benefits is increased upon such redetermination, an
appeal therefrom solely with respect to the matters involved in such
increase may be filed in the manner and subject to the limitations
provided in Part 5 of Article 2 of the Employment Security Act of
1980. If the amount of benefits is decreased upon such
redetermination, the matters involved in such decrease shall be
subject to review in connection with an appeal by claimant from any
determination upon a subsequent claim for benefits which may be
affected in amount or duration by such redetermination. Subject to
the same limitations and for the same reasons, the Commission may
reconsider the determination in any case in which the final decision
has been rendered by an appeal tribunal, the Board of Review or a
court, and may apply to the body or court which rendered such final
decision to issue a revised decision. In the event that an appeal
involving an original determination is pending as of the date a
redetermination thereof is issued, such appeal, unless withdrawn,
shall be treated as an appeal from such redetermination.
Oklahoma Statutes - Title 40. Labor Page 81
Status: in_force · Read it on the official government site
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