12 CRR-NY 463.1NY-CRR
12 CRR-NY 463.1
12 CRR-NY 463.1
463.1 Notice of appeal to the board.
(a) Any type of appeal.
In any notice of appeal, the party appealing should state the reasons for the appeal.
(b) Appeal by the claimant.
A claimant may appeal, under section 621, subdivision 1 of the law, by mailing a notice of appeal to the board’s address found on the administrative law judge’s decision or by faxing a notice of appeal to the board’s fax number found on the administrative law judge’s decision. The appeal by the claimant to the board must be postmarked or faxed within 20 days after the mailing or personal delivery of the administrative law judge decision.
(c) Appeal by the employer in a claimant benefit case.
An employer may appeal in a claimant benefit case, under section 621, subdivision 1 of the law, provided the employer appeared at the administrative law judge hearing, by mailing a notice of appeal to the board’s address found on the administrative law judge’s decision or by faxing a notice of appeal to the board’s fax number found on the administrative law judge’s decision. The appeal by the employer to the board must be postmarked or faxed, within 20 days after the mailing or personal delivery of the administrative law judge decision.
(d) Appeal by the employer in an employer case.
An employer who disagrees with the decision of an administrative law judge on a disputed determination, rule or order of the commissioner, may appeal that decision under section 621, subdivision 2 of the law, provided the employer appeared at the administrative law judge hearing, by mailing a notice of appeal to the board’s address found on the administrative law judge’s decision or by faxing a notice of appeal to the board’s fax number found on the administrative law judge’s decision. The appeal by the employer in an employer case must be postmarked or faxed within 20 days after the mailing or personal delivery of the administrative law judge decision.
(e) By the commissioner.
The commissioner may appeal from the administrative law judge decision in any claimant or employer case, under section 621, subdivisions 1 and 2 of the law, whether or not the commissioner appeared or was represented at the administrative law judge hearing by mailing a notice of appeal to the board’s address found on the decision or by faxing a notice of appeal to the board’s fax number found on the administrative law judge’s decision. The appeal by the commissioner must be postmarked or faxed, within 20 days after the mailing or personal delivery of the administrative law judge decision.
(f) Notice of receipt of appeal.
The board shall send notice of receipt of appeal to the commissioner, the claimant, the employer and their chosen 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 appe al. 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, P.O. Box 15126, Albany, NY, 12212-5126. 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.
12 CRR-NY 463.1
Current through August 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.