(1) Except as provided in Subsection (2), the commission may not issue a refund before March 1.
(2) The commission may issue a refund before March 1 if, before March 1, the commission determines that:
(a) an employer has filed the one or more forms in accordance with Subsection 59-10-406(8) the employer is required to file with respect to an individual; and
(b) the individual has filed a return in accordance with this chapter.