Current through December 26, 2024
(1) The
Administrator of the Division of Employment Security of the Department of Labor
and Workforce Development, or such Administrator's designee desiring to appeal
to the Board of Review, either from a decision of the Appeals Tribunal or from
the deputy, shall file such Administrator's request for such appeal with the
Department, and addressed to the Commissioner, giving the Administrator's
reasons therefor.
(a) If the Commissioner
desires to have the case reviewed by the Board of Review, the Commissioner
shall notify the Board of Review, indicating the Commissioner's request for
appeal.
(2) The Board of
Review may on its own motion:
(a) affirm,
modify, or set aside any decision of an Appeals Referee on the basis of the
evidence previously submitted in such case, or
(b) direct the taking of additional evidence,
or
(c) permit any of the parties to
such decision to initiate further appeals before it.
(3) The Board of Review shall permit such
further appeals upon written request therefor by any of the parties interested
in a decision of an Appeals Referee. The Board of Review shall also admit and
give consideration to any briefs, memoranda of law or other written argument
submitted therewith.
(4) The Board
of Review shall acknowledge by mail its receipt of any such written request for
appeal by a party interested in a decision of an Appeals Referee.
(a) Within seven (7) days of the mailing of
the Board of Review's acknowledgment, the party seeking a hearing before the
Board shall file a written statement. Such statement must give any new or
additional evidence that is not on the record before the Appeals
Referee.
(5) If the
Board of Review is scheduling a hearing, the Board of Review shall mail a
written notice of the hearing ten (10) days before the date of the hearing.
(a) The Board shall mail the notice to the
claimant and to all other parties interested in the decision of the Appeals
Tribunal which is being appealed.
(b) The Board of Review's written notice of
hearing shall specify:
1. the time, place, and
nature of the hearing,
2. the right
of the parties to be represented by counsel,
3. the legal authority and jurisdiction under
which the hearing is to be held, including a reference to the particular
sections of the Tennessee Employment Security Law involved, and
4. a short and plain statement of the matters
asserted.
(c)
1. The Board of Review will mail the notice
of the time and place of hearing to a designated representative when ten or
more employees have become separated from their employment simultaneously in
one establishment and:
(i) have appealed to
the Board of Review, or
(ii) their
appeals have been brought forward by the Board of Review under the provisions
of T.C.A. Section
50-7-304.
2. In such cases all of the
claimants involved must have designated in writing to the Board of Review a
particular person to represent them in the prosecution of their claims before
the Board of Review.
3. Such notice
of hearing shall be deemed sufficient notice to every individual so
represented.
4. All other persons
involved shall receive individual notices as provided in 0800-11-03-.01(2) of
these rules.
(6)
(a) Any
interested party (other than an employee of the Department of Labor and
Workforce Development) desiring to appeal to the Board of Review from a
decision of the Appeals Tribunal may file an appeal with the Department of
Labor and Workforce Development on the prepared form furnished by the
Department for such purpose, setting forth the information required
thereby.
1. Such applications may be
accompanied by references to or excerpts from the original decision of the
Appeals Tribunal, or
(b)
Any letter or other written memorandum reasonably lodged with the Department of
Labor and Workforce Development or mailed directly to the Board of Review by a
party clearly indicating such party's desire for a hearing before the Board of
Review, shall be deemed sufficient application for an appeal within the meaning
of this section.
(c) Notices of
appeal shall be mailed by the Department of Labor and Workforce Development to
all parties interested in the decision of the Appeals Tribunal, including the
manager of the Labor and Workforce Development Office where the claim was
originally filed. If the claimant files continued claims at a Labor and
Workforce Development Office different from the office where the claimant filed
the original claim, the notice of appeal will also be mailed to the manager of
the office where the claimant files the continued claim.
Authority:
T.C.A. §§
50-7-601,
50-7- 602, and 50-7-603.
