In Colleen Koch, PUA Hearing No. 21603562MD (28 Jan. 2022), the Commission held that the Department’s notice for the PUA documentation requirement is legally defective, as the notice lacked notice language for filing the documentation late with good cause. The Department, however, has never corrected its PUA documentation notice. Accordingly, the deadline for satisfying the PUA documentation requirement has been extended indefinitely, since all notices of this requirement are legally defective.

So, all claimants who have allegedly failed to satisfy the PUA documentation should be allowed to resubmit their documentation at any time, as the deadline for submitting the required documentation is legally defective.

Note: A lack of a timely appeal of a PUA documentation determination may still prevent a claimant from getting a second chance to submit the required PUA documentation. For the standards to determine whether a late appeal is allowable or not, see the discussion of late appeals in the unemployment primer.

Note: Why the Department has not applied for a blanket waiver in regards to its inadequate notice per the provisions in UIPL 20-21 (5 May 2021) 7-10 and UIPL 20-21 Change 1 (7 Feb. 2022) at 9-18 (specifically noting that an inadequate notice by the state agency constitutes grounds for a blanket waiver, id. at I-4) for this PUA documentation requirement is a mystery. Given the legally defective notice, this issue would certainly qualify for a blanket waiver, saving both the Department and claimants a great deal of headache.

Full details regarding the PUA documentation requirement (with an update for this information about the defective notice) are available at Documentation for PUA claims.