2025 Session Last amended: 2023 session

§ 268.183 — Applicant Administrative Penalties

Plain-Language Summary

If you make a false statement to obtain or attempt to obtain unemployment benefits without a good faith belief that it is true, you can be penalized by being disqualified from receiving unemployment benefits for 13 to 104 weeks, in addition to any overpayment penalties.

268.183 APPLICANT ADMINISTRATIVE PENALTIES.

(a) Any applicant who makes a false statement or representation without a good faith belief as to the correctness of the statement or representation, in order to obtain or in an attempt to obtain unemployment benefits may be assessed, in addition to any other penalties, an administrative penalty of being ineligible for unemployment benefits for 13 to 104 weeks.

(b) A determination of ineligibility setting out the weeks the applicant is ineligible must be sent to the applicant by mail or electronic transmission. The department is authorized to issue a determination of ineligibility under this subdivision within 48 months of the establishment of the benefit account upon which the unemployment benefits were obtained, or attempted to be obtained. Unless an appeal is filed within 45 calendar days of sending, the determination is final. Proceedings on the appeal are conducted in accordance with section 268.105.

History:

2017 c 35 art 3 s 19,24; 2023 c 33 s 22

History: History: 2017 c 35 art 3 s 19,24; 2023 c 33 s 22

Practical Notes

When this applies: When an unemployment applicant makes a false statement or misrepresentation in connection with a benefits claim. Who this affects: Any Minnesota unemployment applicant found to have made a false statement. Key points: This penalty is separate from and in addition to the 40% overpayment penalty under section 268.18. The disqualification period ranges from 13 weeks (about 3 months) to 104 weeks (2 years), meaning you cannot collect any unemployment benefits during that time. The department has 48 months from the establishment of the benefit account to issue this penalty. You can appeal the determination within 45 calendar days. The key question is whether you had a ‘good faith belief’ that your statement was correct – honest mistakes may not trigger this penalty, but careless or reckless statements can.

Source: Minnesota Office of the Revisor of Statutes