Section 597. Initial determination

1. Issuance. The validity of the claim
  and the amount of benefits payable to the claimant shall  be  determined
  in  accordance  with  the  regulations  and procedure established by the
  commissioner and, when such determination is issued by the commissioner,
  it shall be deemed the initial determination of the claim.
    2. Obtaining information necessary for determinations. (a) When filing
  an original claim, each claimant shall furnish to the  commissioner  all
  information  which  the commissioner shall require concerning his or her
  prior employment.
    (b) Whenever a claimant's base period includes  a  completed  calendar
  quarter for which a wage data report is not due or has not been received
  and  the  claimant provides information as required by the commissioner,
  the commissioner shall determine such claimant's entitlement and benefit
  rate using the information  the  claimant  provided  for  such  quarter.
  However, in those instances where the claimant is unable to provide such
  information  to  the  commissioner's  satisfaction, the commissioner may
  request the employer to provide the amount of remuneration paid to  such
  individual. The commissioner shall notify each base period employer upon
  the  establishment  of  a  valid  original  claim,  of such claim. If an
  employer provides new  or  corrected  information  in  response  to  the
  initial  notice  of  monetary entitlement, adjustments to the claimant's
  benefit rate and adjustments to the employer's experience rating account
  shall be prospective as of the date such information was received by the
  department.
    (c) Notwithstanding paragraph (b) of this subdivision, adjustments  to
  the  claimant's  benefit  rate  and  adjustment to the experience rating
  charges to the employers' accounts will be retroactive to the  beginning
  of the benefit claim in the following circumstances:
    (i) the new or corrected information results in a higher benefit rate,
  or
    (ii)  the  new  or  corrected  information  results  in the claimant's
  failure to establish a valid original claim, or
    (ii) the amount of the previously established benefit rate  was  based
  upon the claimant's willful false statement or representation.
    3. Limitation on review of determinations. Any determination regarding
  a   benefit   claim   may,   in   the   absence   of   fraud  or  wilful
  misrepresentation, be reviewed only within one year from the date it  is
  issued  because  of  new  or corrected information, or, if the review is
  based  thereon,  within  six  months  from  a  retroactive  payment   of
  remuneration,  provided  that  no decision on the merits of the case has
  been made upon hearing or appeal.  Such review shall be conducted and  a
  new  determination  issued  in  accordance  with  the provisions of this
  article and regulations and procedure prescribed thereunder with respect
  to the adjudication and  payment  of  claims,  including  the  right  of
  appeal.
    4.  Effect  of review. Whenever a new determination in accordance with
  the preceding subdivision or a decision by a referee, the appeal  board,
  or  a  court  results  in  a  decrease  or denial of benefits previously
  allowed, such new determination or decision, unless it  shall  be  based
  upon  a retroactive payment of remuneration, shall not affect the rights
  to  any  benefits  already  paid  under  the  authority  of  the   prior
  determination or decision provided they were accepted by the claimant in
  good  faith  and  the  claimant  did  not  make  any  false statement or
  representation and did  not  wilfully  conceal  any  pertinent  fact  in
  connection with his or her claim for benefits.