§ 1320. Investigations; general powers

(a) The Commissioner is authorized to make such investigations, secure and transmit such information, make available such services and facilities, and exercise such of the other powers provided herein with respect to the administration of this chapter as the Commissioner deems necessary or appropriate to facilitate the administration of any unemployment compensation or public employment service law, and in like manner, to accept and utilize information, services, and facilities made available to this State by any agency charged with the administration of any such other unemployment compensation or public employment service law. 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 whereby 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 such government.

(b) On request of an agency which administers an employment security law of another state or of a foreign government, and which has found in accordance with the provisions of such law that an individual is liable to repay benefits received under such law, the Commissioner may collect from the individual the amount of such benefits to be refunded to such agency, and such amounts may be collected by civil action in the name of the Commissioner acting as agent for such agency.

(c) Records, with any necessary authentication thereof, 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 any such state or foreign government for the purpose of such prosecution.

(d) The Commissioner may begin and prosecute civil proceedings in any other state to collect contributions, penalties, and interest legally due under this chapter. The officials of other states which 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 of this State may through his or her legal assistant, begin and conduct the suit for the other state. The courts of this State shall recognize and enforce liability for those contributions, interest, and penalties imposed by other states which 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.)