Texas Labor Code 208.004 – Notification of Adverse Facts Affecting Claim; Waiver
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(a) A person to whom notice is mailed under Section 208.002 shall notify the commission promptly of any facts known to the person that may:
(1) adversely affect the claimant’s right to benefits; or
(2) affect a charge to the person’s account.
(a-1) A notification provided by a person under Subsection (a), including an initial response to a notice mailed to the person under Section 208.002, must include sufficient factual information to allow the commission to make a determination regarding the claimant’s entitlement to benefits under this subtitle.
Terms Used In Texas Labor Code 208.004
- Allegation: something that someone says happened.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(b) A person who does not mail or otherwise deliver that notification to the commission within 14 days after the date notice of a claim was mailed to the person by the commission waives all rights in connection with the claim, including rights the person may have under Subchapter B, Chapter 204, other than rights relating to a clerical or machine error as to the amount of the person’s chargeback or maximum potential chargeback in connection with the claim for benefits.
(c) Notwithstanding Subchapter B, Chapter 204, benefits paid to a claimant that are not in accordance with the final determination or decision under this subtitle shall be charged to the account of a person if:
(1) the person, or the person’s agent, without good cause, fails to provide adequate or timely notification under this section; and
(2) the commission determines that the person, or the person’s agent, has failed to provide timely or adequate notification under this section on at least two prior occasions.
(d) For purposes of Subsection (c), a notification is not adequate if the notification merely alleges that a claimant is not entitled to benefits without providing sufficient factual information, other than a general statement of the law, to support the allegation.
(e) For purposes of Subsection (c), good cause is established only by showing that a person, or the person’s agent, was prevented from complying with this section due to compelling circumstances that were beyond the person’s control.
(f) The commission may adopt rules as necessary to implement this section.