Arkansas § 11-10-528 Claims - Administrative appeal - Rule of decision

Arkansas Statutes

§ 11-10-528 — Claims - Administrative appeal - Rule of decision

(a)The final decisions of the Board of Review or of an appeal tribunal, and the principles of law declared by it in arriving at the decisions, unless expressly or impliedly overruled by a later decision of the board or by a court of competent jurisdiction, shall be binding upon the Director of the Division of Workforce Services and any examiner or appeal tribunal in subsequent proceedings which involve similar questions of law.

(b)(1) However, if in connection with any subsequent proceeding, the director, an examiner, or appeal tribunal has serious doubt as to the correctness of any principle so declared, then they may certify their findings of fact in the case, together with the question of law involved, to the board.

(2)After giving notice and reasonable opportunity for hearing upon t

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(a) The final decisions of the Board of Review or of an appeal tribunal, and the principles of law declared by it in arriving at the decisions, unless expressly or impliedly overruled by a later decision of the board or by a court of competent jurisdiction, shall be binding upon the Director of the Division of Workforce Services and any examiner or appeal tribunal in subsequent proceedings which involve similar questions of law. (b) (1) However, if in connection with any subsequent proceeding, the director, an examiner, or appeal tribunal has serious doubt as to the correctness of any principle so declared, then they may certify their findings of fact in the case, together with the question of law involved, to the board. (2) After giving notice and reasonable opportunity for hearing upon the law to all parties to the proceedings, the board shall certify to the director, the examiner, or appeal tribunal and the parties its answer to the question submitted. (c) If the question thus certified to the board arises in connection with a claim for benefits, the board in its discretion may remove to itself the entire proceedings on the claim. After proceeding in accordance with the requirements of §§ 11-10-523 - 11-10-530 with respect to proceedings before an appeal tribunal, the board shall render its decision upon the entire claim. (d) Any decision made under this section after removal of the proceeding upon a claim to the board shall have the effect of a decision under § 11-10-525 and shall be subject to judicial review within the same time and to the same extent.

Arkansas § 11-10-528 (Claims - Administrative appeal - Rule of decision) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.