§ 40-2-203v2. Claim.  


Latest version.
  • CLAIM.

    A.  An unemployed individual must file an initial claim for unemployment benefits by calling an Oklahoma Employment Security Commission claims representative in a Commission Call Center, by completing the required forms through the Internet Claims service provided by the Commission, or by completing all forms necessary to process an initial claim in a local office of the Commission or any alternate site designated by the Commission to take unemployment benefit claims.  The Commission may obtain additional information regarding an individual's claim through any form of telecommunication, writing, or interview.  An unemployed individual must file a claim in writing or by telecommunication for benefits with respect to each week in accordance with such rule as the Commission may prescribe.

    B.  During the process of filing an initial claim for unemployment benefits, the claimant shall be made aware of the definition of misconduct set out in Section 2-406 of this title, and the claimant shall affirmatively certify that the answers given to all questions in the initial claim process are true and correct to the best of the claimant's knowledge and that no information has been intentionally withheld or misrepresented in an attempt by the claimant to receive benefits to which he or she is not entitled.

    C.  With respect to each week, he or she must provide the Commission with a true and correct statement of all material facts relating to:  his or her unemployment; ability to work; availability for work; activities or conditions which could restrict the individual from seeking or accepting full-time employment immediately; applications for or receipt of workers' compensation benefits; employment and earnings; and the reporting of other income from retirement, pension, disability, self-employment, education or training allowances.

    D.  No claim will be allowed or paid unless the claimant resides within a state or foreign country with which the State of Oklahoma has entered into a reciprocal or cooperative arrangement pursuant to Part 7 of Article IV of the Employment Security Act of 1980.

    E.  The Commission may require the individual to produce documents or information relevant to the claim for benefits.  If the individual has the ability to produce the documents or information and fails to produce it, the individual's claim for unemployment benefits may be disqualified indefinitely by the Commission until the information is produced.  The Commission may require the individual to personally appear at a location for a purpose relevant to the individual's unemployment claim or job search.  If the individual fails to appear, the individual's claim for unemployment benefits may be disqualified indefinitely by the Commission until the individual makes a personal appearance as directed.  An individual that has been disqualified indefinitely by the provisions of this subsection may receive payment for any week between the initial failure and the compliance with this subsection if the claimant is otherwise eligible and has made a timely filing for each intervening week.

Added by Laws 1980, c. 323, § 2-203, eff. July 1, 1980.  Amended by Laws 1993, c. 219, § 7, eff. Sept. 1, 1993; Laws 1997, c. 30, § 6, eff. July 1, 1997; Laws 2002, c. 452, § 8, eff. Nov. 1, 2002; Laws 2003, c. 177, § 1, eff. Nov. 1, 2003; Laws 2010, c. 216, § 4, eff. July 1, 2010; Laws 2013, c. 148, § 1, eff. Nov. 1, 2013.