2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 8 - Employment Security
Article 7 - Benefits
§ 34-8-192. Initial Determination and Redetermination of Eligibility For, Amount Of, and Duration of Benefits

1. Employees of the department designated by the Commissioner shall take the initial claim. An initial determination thereon shall be made promptly and shall include a determination with respect to whether or not benefits are payable, the week with respect to which benefits shall commence, the weekly benefit amount payable, and the maximum duration of benefits.
2. Whenever a determination involves the application of paragraph (4) of Code Section 34-8-194 or involves multiple claimants and difficult issues of fact or law, the Commissioner may appoint a panel of three administrative hearing officers for hearing and decision in accordance with subsection (a) of Code Section 34-8-220.The claimant and any other parties to the determination or redetermination shall be promptly notified of the decision and the reasons therefor.
3. A determination shall be final unless a party entitled to notice applies for reconsideration of the determination or appeals the determination within 15 days after the notice was mailed to the party's last known address or otherwise delivered to the party. Before a determination becomes final as provided in this Code section, the Commissioner may issue a redetermination if good cause is shown.Such redetermination is subject to further appeal by any party entitled to notice as provided in this chapter.
4. Notwithstanding any provision in this Code section or this chapter to the contrary, benefits shall be paid promptly in accordance with a determination or redetermination under this Code section or the decision of an administrative hearing officer, the board of review, or a reviewing court allowing benefits upon the issuance of such determination or redetermination without such payments being withheld pending outcome of the hearing of an appeal, review by the board of review, or decision of a court, unless and until such determination has been modified or reversed by a subsequent decision.In that event, benefits shall be paid or denied for any weeks of unemployment in accordance with such modifying or reversing decision. Neither the board of review nor any court shall issue an injunction, supersedeas, stay, or other writ or process suspending the payment of such benefits pending the disposition of such appeal.

(Code 1981, §34-8-192, enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1992, p. 776, § 3.)

- For note discussing administrative records and reports of public employment agencies with emphasis on the critical role of the employer, and advocating a qualified, rather than absolute, privilege placed on confidential employer reports, see 11 Mercer L. Rev. 345 (1960).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1937, p. 806 and former Code Section 34-8-171, which was repealed by Ga. L. 1991, p. 139, § 1, effective January 1, 1992, are included in the annotations for this Code section.

Constitutional attack on a notice of appeal provision must first be made before the agency and then before the superior court. Sparks v. Caldwell, 244 Ga. 530, 261 S.E.2d 590 (1979) (decided under Ga. L. 1937, p. 806).

- Illiterate claimant's case was remanded for a new administrative determination on the issue of the adequacy of the notice and timeliness of the appeal. Hollis v. Tanner, 177 Ga. App. 759, 341 S.E.2d 290 (1986) (decided under former § 34-8-171).

Cited in Zachos v. Huiet, 195 Ga. 780, 25 S.E.2d 806 (1943); Ford Motor Co. v. Abercrombie, 207 Ga. 464, 62 S.E.2d 209 (1950); Horton v. Huiet, 113 Ga. App. 166, 147 S.E.2d 669 (1966); Epps Air Serv., Inc. v. Lampkin, 125 Ga. App. 779, 189 S.E.2d 127 (1972); Smith v. Caldwell, 142 Ga. App. 130, 235 S.E.2d 547 (1977); Johnson v. Caldwell, 148 Ga. App. 617, 251 S.E.2d 837 (1979); Tucker v. Caldwell, 608 F.2d 140 (5th Cir. 1979).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes

- In light of the similarity of the statutory provisions, opinions decided under Ga. L. 1937, p. 806, are included in the annotations for this Code section.

- The State Department of Labor Board of Review cannot require that notification to claimants of determinations as to payment be by registered mail. 1972 Op. Att'y Gen. No. U72-57 (decided under Ga. L. 1937, p. 806).

RESEARCH REFERENCES

Am. Jur. 2d.

- 76 Am. Jur. 2d, Unemployment Compensation, §§ 31, 85, 88.

- 81A C.J.S., Social Security and Public Welfare, § 492 et seq.

- Right to unemployment compensation as affected by misrepresentation in original employment application, 23 A.L.R.4th 1272.

Unemployment Compensation: Eligibility as affected by claimant's refusal to work at particular times or on particular shifts for domestic or family reasons, 2 A.L.R.5th 475.