AGO 1949-51 No. 152.

• Case Date: November 03, 1949
• Court: Washington

Washington Attorney General Opinions 1949. AGO 1949-51 No. 152. November 3, 1949[Orig. Op. Page 1]PRIVATEUNEMPLOYMENT COMPENSATION BENEFITS - AUTHORITY OF COMMISSIONER TO RECONSIDER.Commissioner of Employment Security Department authorized to reconsider determinations denying unemployment compensation benefits.Honorable J. H. RobertsonCommissionerEmployment Security Department State of Washington Olympia, WashingtonCite as: AGO 1949-51 No. 152Dear Mr. Robertson: You have inquired concerning the extent of your authority as Commissioner of the Employment Security Department to reconsider determinations denying unemployment compensation benefits when such determinations have not been appealed from by the benefit claimants within the time prescribed by law and no new facts are available nor were any facts omitted at the time of the original determinations of denial. The opinion of this office may be summarized as follows: The Commissioner of the Employment Security Department may pursuant to the provisions of Section 84, Chapter 35, Laws of 1945 [§ 9998-222, Rem. Supp. 1945], correct mistakes of law or fact without the necessity of obtaining additional facts and thereby reverse original determinations denying benefits from which determinations benefit claimants have failed to appeal. ANALYSIS Your inquiry concerns the construction to be given § 84, Chapter 35, Laws of 1945 [§ 9998-222, Rem Supp. 1945] which provides: "Redetermination. The Commissioner may reconsider an initial determination or a determination of denial of benefits whenever he finds [Orig. Op. Page 2] that there has been an error in identity computation, or statement of amount of wages earned, or an error or omission with respect to the facts, or in order to comply with a final court decision applicable to an initial determination or determination of denial of benefits. Written notice of any such redetermination shall be promptly given by mail or delivered to such interested parties as were notified of the initial determination or determination of denial of benefits and any new interested party or parties who, pursuant to such regulation as the Commissioner may prescribe, would be an interested party. No such redetermination shall be so construed, however, as to permit the recovery of any benefits except in accordance with the provisions of this act...