(1) The department investigates and adjudicates all nonmonetary issues that arise relative to claims for benefits and, on the basis of the information obtained, makes formal, written determinations and redeterminations of claimants' eligibility for benefits. In addition to the department's records, information may be obtained from the claimant, the claimant's employer(s) , or any other sources. If the information obtained discloses no essential disagreement and provides a sufficient basis for a fair determination, the department investigates no further. If the information obtained from other sources differs substantially from that furnished by the claimant, the department affords the claimant the opportunity to review and respond to the information and to submit rebuttal evidence, if any. The department will consider evidence that is adverse to an interested party only after the party has been afforded an opportunity to review and respond to the evidence and to submit rebuttal evidence, if any. Notices of determination and redetermination are mailed to all interested parties, any of whom may appeal the same.

(2) Nonmonetary issues fall into two categories, separation issues and nonseparation issues. Separation issues involve the circumstances under which a claimant either left or was discharged from insured work. Nonseparation issues involve the requirements claimants must meet to maintain continuing eligibility for benefits, including, but not limited to, being able to work, available for work, and actively seeking work.

(3) When a nonmonetary redetermination request is made and the department determines that there is no basis on which to modify or reverse the prior determination, the department may transfer the request to an appeals referee, in which case the department notifies the requesting party of its action. The appeals referee will conduct a hearing and issue a decision based on the evidence in the record as well as testimony and any new evidence obtained during the hearing.

(4) When the department obtains credible information that raises a nonmonetary issue relative to a claim, but there is insufficient evidence upon which to base a determination or if the claimant has not had an opportunity to respond to the information, the department notifies the claimant of the existence of the issue and of the fact that payment of benefits otherwise due will be suspended pending an initial determination relative to the issue. The claimant has eight days in which to provide information concerning the issue. If the claimant does not provide the requested information within the time allowed, the claimant is determined to be unavailable for work for failure to provide requested information, as provided in ARM 24.11.452(1) (b) . The ineligibility is effective on the Sunday of the week during which the act or circumstance that forms the basis of the issue occurred or came into existence.

(a) If, within eight days of the date of the initial determination, the claimant provides information and the department determines from that information the claimant should not have been made ineligible for benefits, the ineligibility is removed. If the claimant provides that information after the eight days has elapsed, the ineligibility is ended either:

(i) as of the Saturday of the week immediately preceding the week in which the department receives the information, if the information is received on or before Tuesday of the week; or

(ii) as of the Saturday of the week during which the department receives the information, if the information is received on or after Wednesday of the week. If the department determines that the claimant had good cause for failing to provide the information within the eight days, that ineligibility is removed.

(b) If, within eight days of the date of the initial determination, the claimant provides information and the department determines from that information that the ineligibility can be ended as of a particular date, the ineligibility is ended as of the Saturday of the week in which that date occurred. If the claimant provides that information after the eight days has elapsed, the ineligibility is ended either:

(i) as of the Saturday of the week immediately preceding the week in which the department receives the information, if the information is received on or before Tuesday of the week; or

(ii) as of the Saturday of the week during which the department receives the information, if the information is received on or after Wednesday of the week. If the department determines that the claimant had good cause for failing to provide the information within the eight days, that ineligibility is ended as of the particular date.

(5) A claimant who wishes to requalify for benefits as provided in 39-51-2302 (2) (a) or (3) , 39-51-2303 (1) (a) and (b) , or 39-51-2304 (1) , MCA, must provide evidence, subject to verification by the department, that the claimant has satisfied a particular requirement for requalification. If the department determines from the evidence that the claimant has satisfied the requirement, the disqualification is ended as of the Saturday of the week in which the claimant satisfied the requirement, provided that the claim was not inactive at that time. If the claim was inactive at that time, the disqualification is ended as of the Saturday of the week immediately preceding the effective date of the reopened or additional claim that reactivated the claim.