§ 52-06-19 — Review of decision of appeal tribunal by the bureau

North Dakota § 52-06-19

• Jurisdiction: North Dakota
• Title 52: Social Security
• Ch. 52-06: Benefits

Text

The bureau, on its own motion, and within the time specified in section 52-06-15, may
initiate a review of the decision of the appeal tribunal or may allow an appeal from such decision
upon an application filed within such time by any party entitled to notice of such decision. An
appeal filed by such parties must be allowed as a matter of right if such decision was not
unanimous or if the examiner's determination was not affirmed by the appeal tribunal. Upon a
review on its own motion, or upon an appeal, the bureau upon the basis of the evidence
previously submitted in such case or upon the basis of such additional evidence as it may direct
to be taken, may affirm, modify, or reverse the findings and conclusions of the appeal tribunal.
The bureau may remove to itself or transfer to another appeal tribunal the proceedings on any
claim pending before an appeal tribunal. Any proceedings removed to the bureau prior to the
completion of a fair hearing must be heard by the bureau in the same manner as proceedings
before an appeal tribunal. The bureau shall notify promptly the parties to any proceeding before
it of its decision, including its findings and conclusions in support thereof. Such decision is final
unless within thirty days after the mailing of a notice thereof to the party's last-known address,
or in the absence of such mailing, within thirty days after service of such notice, a proceeding for
a judicial review is initiated pursuant to section 52-06-27. Upon a denial by the bureau of an
application for appeal from the decision of the appeal tribunal, the decision of the appeal tribunal
must be deemed to be a decision of the bureau within the meaning of this section for the
purposes of judicial review and is subject to judicial review within the time and in the manner
provided with respect to decisions of the bureau, except that the time for initiating such review
must run from the date of notice of the order by the bureau denying the application for appeal.