Way to appeal PUA denials opened

The CNMI Department of Labor announced yesterday procedures for Pandemic Unemployment Assistance applicants who are denied benefits and want to appeal the department’s decision.  

“We are beginning to receive more requests for appeals from the PUA applicants, and these instructions are intended to provide guidance to the applicants. We know that the PUA program is a new and complex program, but the department is here to ensure that all appeals are timely heard and resolved,” said Labor Secretary Vicky Benavente. 

If a PUA applicant is denied benefits and disagree with the issued notice or determination, they may request reconsideration or file an appeal to the CNMI Department of Labor. The department has become aware of a technical glitch or error from the determinations generated by the online portal, which wrongfully includes the Guam Department of Labor instructions for filing an appeal. 

CNMI DOL has already taken steps with the online portal vendor to correct this issue. While this issue is being corrected, CNMI claimants are advised to disregard Guam instructions and file their request with the CNMI, using the Form for Reconsideration or Appeal published under the “Forms & Publications” tab on the department’s website, www.marianaslabor.net.

To file the request, fill out the form with all the required information and submit to the appropriate office, as indicated in the instructions. You may submit additional information or supporting documents with your request. 
 
Instructions for reconsideration

Reconsideration means that the PUA coordinators within the Division of Employment Services will review its prior determination and consider any new information. Requests for reconsideration must be delivered to the CNMI Department of Labor Division of Employment Services within 10 calendar days after the determination or redetermination was mailed to you. Requests for reconsideration can be dropped off in person (DOL Building 1334, Ascension Drive) or delivered by mail (Division of Employment Service (PUA HQ), PO Box 10007, Saipan MP 96950).
 
Instructions for appeal

Appeal means that the Administrative Hearing Office will hold an administrative hearing and consider all relevant and credible evidence to determine whether the determination or amended determination was correct. Appeals must be submitted to the Administrative Hearing Office within 10 calendar days after the determination or redetermination was issued. The appeal period may be extended to 30 calendar days by a showing of good cause. Appeals may be filed in person (DOL Building 1357, Mednilla Ave.) or electronically mailed to hearing@dol.gov.mp. Logistical questions for appeals may be directed to:

Administrative Hearing Office
1357 Mednilla Avenue, Capitol Hill,
P.O. Box 10007, Saipan, MP 96950
Phone: (670) 664-3293
Web: www.marianaslabor.net | Email: hearing@dol.gov.mp
 
Important notes

Claimants cannot pursue a reconsideration and appeal at the same time. In the event a claimant files concurrent requests for reconsideration and appeal, the appeal will be dismissed so reconsideration can be finalized. In the event that the claimant still disagrees with the new or amended determination after reconsideration, the claimant may file an appeal. Alternatively, the claimant may skip reconsideration and proceed directly to appeals. 

Appeals are legal proceedings that are bound to certain rules of practice and procedure. To prepare for appeals, the claimant (i.e., appellant) should follow the instructions listed in the Notice of Hearing and be ready to prove the details of their claims. 

For more information and frequently asked questions related to the Administrative Hearing Office, refer to the AHO FAQ published under the “Forms and Publications Tab” of the department website, www.marianaslabor.net, or contact 664-3293.  In light of the COVID-19 public health emergency, the Administrative Hearing Office will conduct hearings telephonically or online, when possible. (PR)