Current through Register Vol. 47, No. 12, December 22, 2023
A. Either party or
both may request Commission review of the Hearing Commissioner's decision by
filing the original and three copies of a Form 30, Request for Commission
Review, with the Commission's Judicial Department within fourteen days of the
day the Commissioner's order is received. The fourteen day period is
jurisdictional. The Commission will not accept for filing a Form 30 that is not
postmarked or delivered to the Commission by the fourteenth day from the date
of receipt of the Hearing Commissioner's order. The appellant shall attach a
copy of the Order and Decision being appealed to the Form 30 and to the brief.
(1) The party requesting review is the
appellant. The opposing party is the respondent. Place the proper designation
after the names of the parties on the form.
(2) The W.C.C. file number assigned to the
case is retained and must be on the Form 30.
(3) The grounds for appeal must be set out in
detail on the Form 30 in the form of questions presented.
(a) Each question presented must be concise
and concern one finding of fact, conclusion of law, or other proposition the
appellant believes is in error.
(b)
to evidence must be by title and exhibit number.
(4) To request oral argument, mark the space
provided on the Form 30.
(a) If the space
provided on the Form 30 requesting oral argument is not marked, oral argument
is waived. The Commission will review the Commissioner's decision on the record
without oral argument.
(b) If the
appellant does not request oral argument, the respondent may request oral
argument by writing the Judicial Department. A copy of the letter requesting
oral argument must be sent to all opposing parties pursuant to
R.67-211.
(c) If respondent
requests oral argument, both parties may present oral argument.
(5) File the Form 30 and proof of
service with the Judicial Department. Serve the opposing party pursuant to
R.67-211.
(a) The Judicial Department will not
set a Form 30 for review until proof of service is filed.
(b) Failure to file proof of service will
result in receipt of a notice administratively dismissing the Form
30.
(c) An administrative dismissal
does not bar review if the Form 30 has been timely filed. When service is
completed, write the Judicial Department requesting the Form 30 be set for
review.
B. If
the claimant appeals and is representing himself or herself, the Judicial
Department will prepare the additional copies of the Form 30 and serve the Form
30 on the opposing party.
Amended by State Register
Volume 21, Issue No. 4, eff April 25, 1997; State Register Volume 34, Issue No.
2, eff February 26, 2010.
