§ 11-10-525 — Claims - Administrative appeal - Review by Board of Review

(a) An appeal filed by any party shall be allowed as of right if the determination was not affirmed by the appeal tribunal. (b) The Board of Review, on its own motion and within the time specified in § 11-10-524 , may initiate a review of the decision of an appeal tribunal or determination of a special examiner or may allow an appeal from the decision on application filed within the time by any party entitled to notice of the decision. (c) (1) Upon review on its own motion or upon appeal and on the basis of evidence previously submitted in the case, or upon the basis of any additional evidence as it may direct be taken, the board may affirm, modify, reverse, dismiss, or remand the case. (2) In cases where the board directs that additional evidence be taken in an appeal involving an intrastate claim, an in-person hearing shall be granted if requested by any interested party. (d) The board shall promptly notify the parties to any proceeding before it of its decision, including its findings and conclusions in support of the decision. (e) The decision shall be final unless within thirty (30) calendar days after the mailing of notice thereof to the parties' last known address or in the absence of the mailing, within thirty (30) calendar days after the delivery of the notice, a proceeding for judicial review is initiated pursuant to § 11-10-529 . (f) However, upon denial by the board of an application for appeal from the decision of an appeal tribunal, the decision of the appeal tribunal shall be deemed to be a decision of the board within the meaning of this section for purposes of judicial review and shall be subject to judicial review within the time and in the manner provided for with respect to decisions of the board, except that the time for initiating the review shall run from the date of notice of the order of the board denying the application for appeal.

Legislative History

Acts 1941, No. 391, § 6; 1943, No. 138, § 5; 1953, No. 162, § 9; 1983, No. 482, § 23; A.S.A. 1947, § 81-1107; Acts 1999, No. 1116, § 12; 2003, No. 1223, § 10; 2007, No. 490, § 8; 2009, No. 802, § 7.