§ 11-10-524 — Claims - Administrative appeal - Filing and hearing

Arkansas § 11-10-524

• Jurisdiction: Arkansas
• Title: 11

Text

(a) (1) The claimant, the Director of the Division of Workforce Services, or any other party entitled to notice may appeal a determination made by the agency by filing a written notice of appeal with the appeal tribunal or at any office of the Division of Workforce Services within twenty (20) calendar days after the date of mailing the notice to his or her last known address, or if the notice is not mailed, within twenty (20) calendar days after the date of delivery of the notice. If mailed, an appeal shall be considered to have been filed as of the date of the postmark on the envelope. (2) However, if it is determined by the appeal tribunal or the Board of Review that the appeal is not perfected within the twenty-calendar-day period as a result of circumstances beyond the appellant's control, the appeal may be considered as having been filed timely. (b) (1) Unless the appeal is withdrawn with its permission or is removed to the board, the appeal tribunal, after affording the parties a reasonable opportunity for a fair hearing, and on the basis of the record, shall affirm, modify, reverse, dismiss, or remand the determination. (2) However, whenever an appeal involves a question as to whether services were performed by a claimant in employment or for an employing unit, the appeal tribunal shall give special notice of the issue and of the pendency of the appeal to the employing unit and to the director, both of whom shall be parties to the proceedings and be afforded a reasonable opportunity to present evidence bearing on the question in issue. (3) The appeal tribunal shall grant upon request from any interested party in an intrastate claim an in-person hearing. (c) (1) The parties shall be promptly notified of the tribunal's decision and shall be furnished a copy of the decision and the findings and conclusions in support thereof. (2) The decision shall become final unless within twenty (20) calendar days after the date of mailing the notice to the parties' last known addresses an appeal is initiated pursuant to § 11-10-525 or a request for reopening is made pursuant to subsection (d) of this section. (d) (1) If any party fails to appear at the initial tribunal hearing scheduled as a result of an appeal, that party may request that the matter be reopened by the tribunal. (2) Requests for reopening shall be made in writing and shall be granted by the tribunal only upon a showing of good cause for failing to appear at the initial tribunal hearing. (3) (A) (i) If a request for reopening is granted, the tribunal shall schedule another hearing, after which it will issue a new decision. (ii) If a request for reopening is not granted, the tribunal's initial decision shall stand as issued. (B) (i) In either event, the parties shall be promptly notified of the tribunal's decision and shall be furnished a copy of the decision and the findings and conclusions in support thereof. (ii) The decision shall become final unless within twenty (20) calendar days after the date of its mailing to the parties' last known addresses an appeal is initiated pursuant to § 11-10-525 .

Legislative History

Amended by Act 2019, No. 910,§ 255, eff. 7/1/2019. Acts 1941, No. 391, § 6; 1943, No. 138, § 4; 1953, No. 162, § 6; 1975, No. 609, § 5; 1983, No. 482, §§ 22, 37, 38; A.S.A. 1947, § 81-1107; Acts 1991, No. 48, § 5; 1991, No. 100, § 32; 1993, No. 6, § 9; 1997, No. 234, §§ 16-18; 2003, No. 1223, §§ 8, 9; 2009, No. 802, § 6.