871—23.53(96) Rate appeal and eligibility decision reversal.
	23.53(1) An employer who appeals a rate notice or corrected rate notice within 30 days following the procedures outlined in rule 871—23.52(96) may have its rate recomputed based upon the reversal of a benefit eligibility decision under the following circumstances:
	a. 	An employer may appeal on the grounds that benefit charges against the employer’s account have been reversed by a decision issued subsequent to the rate computation date. The department will investigate and remove benefit charges, which have been reversed by a subsequent decision, from the computation and will issue a corrected rate notice to the employer.
	b. 	The employer may appeal on the grounds that benefits charged against the employer’s account may be reversed by a decision to be issued on a pending claim or charge-back appeal. The employer’s rate will not be recomputed. However, the rate will not become final and the appeal may be reopened by the employer, in writing upon receipt of a decision reversing the allowance of benefits or relieving the employer of charges provided that the request to reopen the appeal is submitted within 30 days of the date of the next rate notice following the date of the decision. The charges will be removed from the computation of the original rate and a corrected rate notice will be issued. The employer must pay any contributions that become due at the disputed rate prior to the receipt of the decision reversing the benefit charges; however, a refund of any overpayment of contributions and interest paid by the employer as a result of the recomputation of the rate will be issued, subject to the three-year statute of limitations set out in Iowa Code section 96.14(5).
	c. 	The employer’s payment of contributions at the disputed rate in the circumstances described in 23.53(1)“b” will not be an acquiescence of the disputed rate.
	d. 	The employer, in the circumstances described in 23.53(1)“b,” must file a separate appeal of each rate notice received that contains the disputed benefit charges. If the employer does not file a timely appeal of each affected rate notice, any appeal filed following receipt of a decision reversing the allowance of benefits will be considered as applying only to rate notices that were timely appealed and to the next rate notice.
	e. 	If the employer appeals on the grounds that the benefits charged against the employer’s account were paid to an employee who was still working for the employer in the same employment as in the base period of the claim, the department will remove the charges and will issue a corrected rate notice. However, the employer’s appeal must have been made within 30 days of the date on the first rate notice received that included any of the disputed charges. Provided further that the issue of charging of benefits had not been previously adjudicated in either an appeal of the original claim notice or an appeal of a quarterly benefit charge statement.
	23.53(2) Reserved.