§ 1320. Investigations; general powers
(a)(1) The Commissioner is authorized to conduct investigations, secure and transmit information,
make available services and facilities, and exercise the other powers provided pursuant
to this chapter as the Commissioner deems necessary or appropriate to facilitate the
administration of any unemployment compensation or public employment service law.
(2) The Commissioner is also authorized to accept and utilize information, services, and
facilities made available to this State by any agency charged with the administration
of any other unemployment compensation or public employment service law.
(3) To the extent permissible under the laws and constitution of the United States, the
Commissioner of Labor is authorized to enter into or cooperate in arrangements under
which facilities and services provided under this chapter and facilities and services
provided under the unemployment compensation law of any foreign government may be
utilized for the taking of claims and the payment of benefits under this chapter,
or under a similar law of the foreign government.
(b) On request of an agency that administers an employment security law of another state
or of a foreign government, and that has found in accordance with the provisions of
its law that an individual is liable to repay benefits received under the law, the
Commissioner may collect from the individual the amount of benefits to be refunded
to the agency, and the amounts may be collected by civil action in the name of the
Commissioner acting as agent for the agency.
(c) Records, with any necessary authentication of the records, required in the prosecution
of any criminal action brought by another state or foreign government for misrepresentation
to obtain benefits under the law of this State shall be made available to the agency
administering the employment security law of the other state or foreign government
for the purpose of the prosecution.
(d)(1) The Commissioner may begin and prosecute civil proceedings in any other state to collect
contributions, penalties, and interest legally due under this chapter.
(2) The officials of other states that extend a like comity to this State may sue for
the collection of contributions, interest, and penalties imposed by those other states,
in the courts of this State. In any such case, the Commissioner of Labor may, through
the Commissioner’s legal assistant, begin and conduct the suit for the other state.
(3) The courts of this State shall recognize and enforce liability for those contributions,
interest, and penalties imposed by other states that extend a like comity to this
State.
(e) The Commissioner may enter into or cooperate in arrangements or reciprocal agreements
with authorized agencies of other states by which:
(1) overpayments of benefits as determined under this chapter may be recovered by offset
from benefits otherwise payable under the unemployment compensation law of another
state; and
(2) overpayments of benefits as determined under the unemployment compensation law of
another state may be recovered by offset from benefits otherwise payable under this
chapter. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1967, No. 88, eff. April 12, 1967; 1981, No. 66, § 5(b), eff. May 1, 1981; 1991, No. 183 (Adj. Sess.), § 2; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2023, No. 85 (Adj. Sess.), § 179, eff. July 1, 2024.)