Wyo. Stat. » Wyo. Stat. / Title 27 - Labor and Employment / Chapter 3 - UNEMPLOYMENT COMPENSATION / Article 4 - BENEFIT CLAIMS
Wyoming Statutes

Wyo. Stat. § 27-3-402 (2026)

Determination; generally; referral to special

✓ current as of May 2026
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examiner; redetermination; notice; appeal.

     (a) Determination of a claim filed pursuant to W.S.
27-3-401(a) shall be made promptly by a deputy designated by the
department. If a claim is denied, the determination shall state
the reasons for denial. Except as provided by subsection (c) of
this section, a determination is final unless a party entitled
to notice applies for redetermination or appeals the
determination within twenty-eight (28) days after notice is
mailed to his last known address of record.

    (b)   Repealed By Laws 1999, ch. 73, § 3.

     (c) A monetary determination at the beginning of a benefit
year shall specify if the claimant earned wages in amounts
required by W.S. 27-3-306(d) and, if so, the first day of the
benefit year, his weekly benefit amount and the maximum total
amount of benefits payable for the benefit year. The deputy may
reconsider a monetary determination if he finds an error in
computation or identity, or discovers wages of the claimant
relevant to but not considered in the determination. A monetary
determination is final unless a party entitled to notice files a
timely protest provided, however, that the department in its
discretion may make a monetary redetermination at any time prior
to the end of the benefit year whether or not a party has filed
a timely protest.

     (d) Notice of a determination shall be mailed promptly to
the claimant at his last known address of record. Notice of a
determination involving application of W.S. 27-3-308,
27-3-311(a)(i) and (f) and 27-3-313(a)(i), together with
reasons, shall be given to the last employing unit of the
claimant at the last known address of record of the employing
unit or, if the address is unavailable, the best available
address. Notices shall be mailed to all base period employers
at the address of record.

     (e) The claimant or any other party entitled to notice of
a determination may appeal the determination to an appeal
tribunal. The appeal shall be filed with the tribunal within
twenty-eight (28) days after notice is mailed to the last known
address of record of the interested party.
Notes of Decisions
Cited in 5 cases, 1985–2013 · leading case: Hupp v. Emp. Sec. Comm'n of Wyoming, 715 P.2d 223 (Wyo. 1986).
Sort: Relevance Newest Treatment
Hupp v. Emp. Sec. Comm'n of Wyoming, 715 P.2d 223 (Wyo. 1986). · cites it 9× “It states: "Subject to limitations prescribed under W.S. 27-3-402(c), the commission may reconsider a determination provided by a final decision of an appeal tribunal and may apply to the tribunal for a revised decision.”
Emp. SEC. Com'n of Wyoming v. Bryant, 704 P.2d 1311 (Wyo. 1985). · cites it 12× “Under § 27-3-402(a) [1] of the Wyoming Employment Security Law, a deputy designated by the ESC determines a claimant's eligibility for unemployment benefits based in part on the claimant's statement of the facts.”
Casper Iron & Metal, Inc. v. Unemployment Ins. Comm'n of the Dep't of Emp., 845 P.2d 387 (Wyo. 1993). · cites it 4× “W.S. 27-3-402(a) (1991). The determination is " final unless a party entitled to notice applies for redetermination or appeals.”
Zack D. Koch v. Dep't of Emp., Unemployment Ins. Comm'n, 2013 WY 12 (Wyo. 2013). · cites it 2× “Wyo. Stat. Ann. § 27-3-404 (a) (LexisNexis 2011).”
Gibson v. Wyoming Div. of Unemployment Ins., Dep't of Emp., 907 P.2d 1306 (Wyo. 1995). · cites it 2× “Had Gibson benefitted from the later en-' acted fifteen day notice provided in Wyo. Stat. § 27-3-402(e) (Cum.Supp.1995), disqualification would not have been set aside.”
— Wyo. Stat. § 27-3-402(a) — 2 cases
Emp. SEC. Com'n of Wyoming v. Bryant, 704 P.2d 1311 (Wyo. 1985). “Under § 27-3-402(a) [1] of the Wyoming Employment Security Law, a deputy designated by the ESC determines a claimant's eligibility for unemployment benefits based in part on the claimant's statement of the facts.”
Casper Iron & Metal, Inc. v. Unemployment Ins. Comm'n of the Dep't of Emp., 845 P.2d 387 (Wyo. 1993). “W.S. 27-3-402(a) (1991). The determination is " final unless a party entitled to notice applies for redetermination or appeals.”
— Wyo. Stat. § 27-3-402(c) — 2 cases
Hupp v. Emp. Sec. Comm'n of Wyoming, 715 P.2d 223 (Wyo. 1986). “It states: "Subject to limitations prescribed under W.S. 27-3-402(c), the commission may reconsider a determination provided by a final decision of an appeal tribunal and may apply to the tribunal for a revised decision.”
Emp. SEC. Com'n of Wyoming v. Bryant, 704 P.2d 1311 (Wyo. 1985). “Under § 27-3-402(a) [1] of the Wyoming Employment Security Law, a deputy designated by the ESC determines a claimant's eligibility for unemployment benefits based in part on the claimant's statement of the facts.”
— Wyo. Stat. § 27-3-402(e) — 2 cases
Casper Iron & Metal, Inc. v. Unemployment Ins. Comm'n of the Dep't of Emp., 845 P.2d 387 (Wyo. 1993). “W.S. 27-3-402(a) (1991). The determination is " final unless a party entitled to notice applies for redetermination or appeals.”
Gibson v. Wyoming Div. of Unemployment Ins., Dep't of Emp., 907 P.2d 1306 (Wyo. 1995). “Had Gibson benefitted from the later en-' acted fifteen day notice provided in Wyo. Stat. § 27-3-402(e) (Cum.Supp.1995), disqualification would not have been set aside.”
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