Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Generally. In any notice of appeal, the party appealing should state the
reasons therefor.
(b) By claimant.
A claimant may appeal, pursuant to section 621, subdivision 1 of the law, by
filing a notice of appeal at the designated local office, or at any office of
the administrative law judge section, or at the office of the appeal board,
within 20 days after the mailing or personal delivery of the administrative law
judge decision.
(c) By employer in
a claimant case. In a claimant case, under section 621, subdivision 1 of the
law, the employer may appeal within 20 days after the mailing or personal
delivery of the administrative law judge decision, provided the employer
appeared at the administrative law judge hearing, by filing a notice of appeal
at the designated local office, or at any office of the administrative law
judge section, or at the office of the appeal board.
(d) By employer in an employer case. An
employer may appeal from an administrative law judge decision on a contested
determination, rule or order of the commissioner, pursuant to section 621,
subdivision 2 of the law, within 20 days after the mailing or personal delivery
of the administrative law judge decision, provided the employer appeared at the
administrative law judge hearing, by filing a notice of appeal with the
commissioner at the designated office, or at any office of the administrative
law judge section, or at the office of the appeal board.
(e) By commissioner. The commissioner may
appeal from the administrative law judge decision in any claimant or employer
case, pursuant to section 621, subdivisions 1 and 2 of the law, by filing a
notice of appeal, in any of the offices designated in subdivisions (b), (c) and
(d) of this section, within 20 days of the mailing or personal delivery of such
decision, whether or not the commissioner appeared or was represented at the
administrative law judge hearing.
(f) Notice of receipt of appeal. The board
shall send notice of receipt of appeal to the commissioner, the claimant, the
employer and their duly designated representatives. Each notice of receipt of
appeal to the board shall include the following statement and the parties shall
be granted the following rights:
(1) All
communications should cite the above appeal number.
(2) The appeal board usually decides appeals
without a new hearing. It relies on evidence taken at the administrative law
judge hearing and the written arguments of the parties on appeal. The board
will not consider any evidence not introduced at the administrative law judge
hearing unless all parties consent or it is made part of the record at a
further hearing. In its discretion the board may hold an additional
hearing.
(3) Each of the parties
may submit, in writing, requests to inspect the minutes of the hearing, or
statements, documents or briefs to be considered in connection with this
appeal. Two copies of such written requests, statements, documents or briefs
must be mailed, within seven days from the date of this notice, addressed to
the Unemployment Insurance Appeal Board, One Main Street, 4th Floor, Brooklyn,
NY 11201. An attorney-at-law, or representative, must mail a copy of the
statement, document or brief to each of the other parties, and their attorneys
and representatives, and certify to the board that this has been done. Each
party may submit such statement, document or brief only once. Subsequent
statements, documents or briefs will be returned to the party.
(4) Upon written request, arrangements may be
made to inspect the minutes of the administrative law judge hearing or to
borrow the minutes for the purpose of making a copy thereof at the party's
expense. The request to make such arrangements must be made within seven days
from the date of the notice of receipt of appeal. In such event, the time to
submit written statements, documents or briefs shall be 20 days from the date
when that party is sent notice that the transcript is available for inspection
or copying.
(5) If another party
submits statements, documents or briefs on this appeal, you will receive copies
and will have 12 days to reply in writing. The 12 days to reply is measured
from the date when the copies were mailed to you. A party may submit a reply at
only one time. Subsequent replies will be returned to the party.
(6) Any party may make a written request for
an extension of the above time limits to submit a statement, document, brief or
reply. The request must give the specific reasons why the time limit cannot be
met. Extensions will only be granted if the request establishes good cause to
excuse the delay. Unless an extension has been granted, any submission mailed
after the times specified here shall be returned to the party.
(7) Parties may be represented by lawyers or
other persons of their choice on appeal before the appeal board. For
representing a claimant, a lawyer or agent registered by the appeal board may
charge a fee. Before the claimant pays the representative any fee, the fee must
be approved by the appeal board. No other person may charge a fee for
representing a claimant. If you do not have enough money to hire a lawyer or
registered agent, you may be able to get one free through your local Legal Aid
Society or Legal Services Program.
(8) If you have any questions, contact the
board at the above address.
