Investigation of Claims
Mr. Tarr moved that the bill be amended by inserting, after Section__, the following two new Sections:-
“SECTION__. Section 38 of chapter 151A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “cause”, in line 26, the following words:-
; and provided further, however, that the commissioner or an authorized representative shall not determine the matter on the available information and shall further investigate the claim, as provided for in subsection (a) of section 39, if the claimant has previously received benefits under this chapter while employed by said employer in the current or previous calendar year or in any 3 of the previous 7 calendar years.
SECTION__. Subsection (a) of section 39 of said chapter 151A, as so appearing, is hereby amended by adding the following paragraph:-
The commissioner or an authorized representative shall, in consultation with the state advisory council provided for in section 9N of chapter 23, investigate any claim in which the claimant has previously received benefits under this chapter in the current or previous calendar year or in any 3 of the previous 7 calendar years; provided, however, that said investigation shall occur only if the claimant was employed by the employer against which said claimant is currently making the claim. Said investigation shall ensure the claimant is fully entitled to benefits under this chapter, and shall include, but not be limited to, an analysis of whether the unemployment is a result of a factual disruption of employment or rather a regular or seasonal method by the claimant to unlawfully generate income. The commissioner or an authorized representative shall represent the interests of the agency at a hearing if cause exists to suspect the claimant is not lawfully entitled to benefits.”