§ 63.23. Unacceptable reasons.

 An application for review and redetermination of contribution rate based on the following reasons shall not be approved by the Bureau:

   (1)  Questions of eligibility.

     (i)   That claimants who caused the benefit charges were ineligible to receive unemployment compensation.

     (ii)   Questions of eligibility for compensation shall be resolved conclusively under sections 501—512 of the Law (43 P. S. § §  821—832) and §  65.63 (relating to filing of appeals), and the affected employers shall be notified with respect thereto.

     (iii)   Appeals raising questions of eligibility for compensation shall be filed in the manner and within the time prescribed therein. (For detailed instructions, see the reverse side of Form UC-44F, Notice of Financial Determination, which is mailed to base-year employers at the time the Bureau makes the financial determination on the application for benefits by the claimant.)

   (2)  Claimants who caused benefit charges.

     (i)   That claimants who caused benefit charges were separated from the applicant due to being discharged for willful misconduct connected with their work or due to leaving work without good cause attributable to their employment.

     (ii)   Questions as to the right to relief from charges for these reasons shall be resolved conclusively under section 302(a) of the Law (43 P. S. §  782(a)) and § §  63.31—63.37 (relating to relief from benefit charges), and the affected employers shall be notified with respect thereto.

     (iii)   Requests raising these questions shall be filed in the manner and within the time prescribed therein. (For detailed instructions, see Form UC-44FR, Request for Relief from Charges, which is mailed to base-year employers with the Form UC-44F.)

   (3)  Benefits charged to employer’s reserve account.

     (i)   That benefits charged to the reserve account of the employer as shown on Form UC-640, Monthly Notice of Compensation Charged, are incorrect.

     (ii)   Questions as to the accuracy of benefit charges on Form UC-640, shall be resolved conclusively under section 301(e)(1) of the Law (43 P. S. §  781(e)(1)), and the affected employers shall so be notified.

     (iii)   Protests contesting the accuracy of such charges shall be filed in the manner and within the time prescribed in Form UC-640. (For detailed instructions, see the reverse side of Form UC-640, Monthly Notice of Compensation Charged, which is mailed to base-year employers following the payment of unemployment compensation to their former employes.) While an application for review and redetermination of contribution rate shall not be approved on the grounds described herein while the issues of benefit eligibility or charge relief are still pending under the provisions specified, neither shall the application be disapproved pending such proceedings. In all such cases, the employer’s application shall be held in abeyance until final resolution of the issue of eligibility or relief from charges as the case may be.

   The provisions of this §  63.23 amended April 26, 1974, 4 Pa.B. 826.

   This section cited in 34 Pa. Code §  63.24 (relating to unacceptable applications).