Title 34, Chapter 8, Section 70
( 34-8-70)
(a) It shall be the duty of the Commissioner to administer this
chapter. (b) The Commissioner shall have power and authority to adopt, amend,
or rescind such rules and regulations and to employ such persons,
make such expenditures, require such reports, make such
investigations, and take such other action as deemed necessary or
suitable to that end, and such rules and regulations shall be
effective upon publication in the manner, not inconsistent with this
chapter, which the Commissioner shall prescribe. (c) The Commissioner shall determine methods of organization and
procedure in accordance with this chapter and shall have an official
seal, which shall be judicially noticed. (d) Not later than February 1 of each year, the Commissioner shall
submit to the Governor a report covering the administration and
operation of this chapter during the preceding fiscal year and shall
make such recommendations for amendments to this chapter as deemed
proper. Such report shall include a balance sheet of the moneys in
the fund in which there shall be provided, if possible, a reserve
against the liability in the future years to pay benefits in excess
of the then current contributions, which reserve shall be
established by the Commissioner in accordance with accepted
actuarial principles on the basis of statistics regarding
employment, business activity, and other relevant factors for the
longest possible period. (e) Whenever the Commissioner believes that a change in contribution
or benefit rates will become necessary to protect the solvency of
the fund, the Commissioner shall promptly so inform the Governor and
the General Assembly and make recommendations with respect thereto. (f) The Commissioner shall fully cooperate with the agencies of
other states and shall make every proper effort to oppose and
prevent any further action which would in the Commissioner's
judgment tend to effect complete or substantial federalization of
state unemployment compensation funds or state employment security
programs. In addition, the Commissioner may make and may cooperate
with other appropriate agencies in making studies as to the
practicality and probable cost of possible new state administered
social security programs and the relative desirability of state,
rather than federal, action in any such field. (g) The Commissioner is authorized to enter into such cooperative
agreements or contracts with appropriate officials in other states
or with the United States secretary of labor for the purpose of the
reciprocal collection of overpayments or delinquent contributions,
penalties, interest, and costs or for such other purposes as
reasonably relate to the discharge of the Commissioner's
responsibilities under this chapter. (h) Notwithstanding any other provision of this chapter, the
Commissioner may recover an overpayment of benefits paid to any
individual under this state or another state's unemployment benefit
law or under an unemployment benefit program of the United States. |