NAC612.110. Effective date of initial claim; filing of continued claim; appeal of denial of claim; affidavit of identity.

     1. The effective date of an initial claim is:

     (a) Sunday of the week in which the claim is filed, if the claimant has an active application for work on file or completes an application during the week which includes the effective date of the initial claim;

     (b) Sunday of the week in which an application for employment is completed if the application is completed subsequent to the date of the filing; or

     (c) Sunday of the week in which an application for employment was completed if the date is before the date the claim was filed and the person can show good cause for not having previously filed an initial claim. In no case may a claim be predated more than 2 weeks preceding the week in which the claim is actually filed.

     2. A continued claim must be filed in accordance with instructions of the Administrator or his or her authorized representative and is subject to the following:

     (a) A continued claim must be filed in a manner specified by the Division’s representatives except that, if a person can show good cause for failure to file in accordance with instructions, a claim may be accepted.

     (b) A continued claim will not be accepted if the claimant does not have an active application for employment on file with the employment service during all or a part of the week with respect to which the claim was filed.

     (c) Failure to file a continued claim to certify unemployment for a week during the subsequent week is a basis for rejecting a weekly claim for benefits.

     3. A claimant may appeal a denial of his or her claim. The appeal must be in writing and signed by the claimant or by a duly authorized agent of the claimant. A claimant who appeals to an appeal tribunal or the Board of Review or through judicial review must continue to file a weekly claim for unemployment benefits in the manner specified by the Division during the period of unemployment while under disqualification in order to receive payments if the appeal is decided in favor of the claimant.

     4. If identifying information used through an interlocal agreement with other governmental agencies fails adequately to establish the identity of a claimant, the claimant may be required to complete a sworn affidavit of identity in the presence of a notary public to protect the integrity of his or her claim for unemployment insurance and identity.

     [Employm’t Security Dep’t, No. 21 §§ 6-9, eff. 4-1-57]—(NAC A 6-3-85; A by Employm’t Security Div. by R094-00, 10-18-2000; R199-05, 2-23-2006)