§ 11-10-523 — Board of Review created - Administrative appeal - Claims

(a) (1) There is created a Board of Review which shall consist of three (3) members. (2) The members of the board shall be appointed by the Governor for a term of office of four (4) years or until their successors are appointed and qualified. The four-year terms are to run concurrently with the term of the office of the Governor. (3) A member of the board may be removed by the Governor for cause after hearing. (4) Vacancies shall be filled by appointment by the Governor for the unexpired term. (b) (1) The Governor shall designate as Chair of the Board of Review the member selected to represent the public at large. (2) The chair shall be paid a full-time salary and devote all of his or her time to his or her duties herein prescribed. (3) The chair shall have a four-year term beginning with the year 2003 appointment. (c) (1) (A) The other two (2) members of the board are to serve when requested to serve by the chair of the board at his or her own discretion. (B) If any interested party requests in writing a review by the full board, then the chair shall direct board members to attend and review the matters as requested by the petitioner. (2) The members of the board other than the chair may receive expense reimbursement and stipends to be paid from the Employment Security Administration Fund in accordance with § 25-16-901 et seq. (d) The chair shall appoint some competent person as an examiner and reporter for the board. That person shall have authority under the direction of the chair of the board to: (1) Hold hearings on appeals and take testimony and submit it to the chair with recommendations, which question shall be determined by the chair. The person, when holding hearings under the direction of the chair, shall have the same authority as the chair or members of the board, except that he or she shall not have the authority to render any decision therein; (2) Take and transcribe all testimony taken either before the examiner, the chair, or the board; and (3) Act as secretary for the board. (e) (1) The members of the board shall be selected as follows: (A) One (1) member shall be, because of his or her vocation, occupation, or affiliation, deemed to be representative of employers; (B) One (1) member shall be, because of his or her vocation, occupation, or affiliation, deemed to be representative of employees; and (C) The chair shall be a licensed practicing attorney who, because of his or her vocation, occupation, or affiliation, is deemed not to be representative of employers or employees. (2) All members shall be selected without regard to § 11-10-310 . (3) The examiner and reporter shall be selected in accordance with the merit system provided for in § 11-10-310 . (f) The chair, the members, and the examiner and reporter, as provided for above, shall all receive their actual and necessary expenses incurred, in accordance with the rules of the Division of Workforce Services. (g) (1) (A) To hear and decide appeal claims, the board created by this section shall appoint one (1) or more impartial appeal tribunals. (B) Each tribunal shall consist of either a hearing officer selected in accordance with § 11-10-310 or a body consisting of three (3) members, one (1) of whom shall be a representative of employers and the other of whom shall be a representative of employees. (C) Each of the latter two (2) members may be selected without regard to § 11-10-310 , shall serve at the pleasure of the board, and may be paid a fee of not more than twenty-five dollars ($25.00) per day of active service on such tribunal plus necessary expenses and shall be paid from the Employment Security Administration Fund. (2) (A) The board shall designate alternates to serve in the absence or disqualification of any member of an appeal tribunal. (B) The chair shall act alone in the absence or disqualification of any other member or his or her alternates. In no case shall the hearing proceed unless the chair of the appeal tribunal is present. (C) The Director of the Division of Workforce Services shall provide the board and appeal tribunals with proper facilities and assistance for the execution of their functions. (D) The appeal hearing officer, as such, shall have all power bestowed on him or her as chair of the appeals tribunal.

Legislative History

Amended by Act 2019, No. 315,§ 823, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 254, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 253, eff. 7/1/2019. Acts 1941, No. 391, § 6; 1943, No. 138, § 3; 1943, No. 263, § 2; 1947, No. 398, § 5; 1953, No. 162, § 7; 1975, No. 609, § 4; 1985, No. 8, § 7; 1985, No. 9, § 7; A.S.A. 1947, § 81-1107; Acts 1991, No. 100, §§ 30, 31; 1995, No. 519, § 6; 1997, No. 234, § 15; 1997, No. 250, § 61; 2001, No. 1467, §§ 3-6.