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.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
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.#
- (b)
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.#
- (c)
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 issue date printed on the determination. 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.#
- (d)
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.#
History
Code 1981, § 34-8-192, enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1992, p. 776, § 3; Ga. L. 2025, p. 747, § 2/SB 191, effective January 1, 2026.
Delayed effective date
Code Section 34-8-192 is set out twice in this Code. This version is effective January 1, 2026. For version effective until January 1, 2026, see the preceding version.
Amendments
The 2025 amendment, effective January 1, 2026, substituted “after the issue date printed on the determination” for “after the notice was mailed to the party’s last known address or otherwise delivered to the party” at the end of first sentence in subsection (c).
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t34-(v26)-pdf.pdf, Volume V26, 2017 edition, 2025 supplement, pages 66 to 67; merge action: replaced; file SHA-256 fbb5a8d0f75f.
- (a)
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.#
- (b)
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.#
- (c)
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.#
- (d)
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.#
History
Code 1981, § 34-8-192, enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1992, p. 776, § 3.
Delayed effective date
Code Section 34-8-192 is set out twice in this Code. This version is effective until January 1, 2026. For version effective January 1, 2026, see the following version.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t34-(v26)-pdf.pdf, Volume V26, 2017 edition, 2025 supplement, pages 65 to 66; merge action: replaced; file SHA-256 fbb5a8d0f75f.
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