§ 52-06-22 — Rule of decision

North Dakota § 52-06-22

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

Text

The final decisions of the bureau or of an appeal tribunal and the principles of law declared
by it in arriving at such decisions, unless expressly or impliedly overruled by a later decision of
the bureau or by a court of competent jurisdiction, are binding upon the bureau and any appeal
tribunal in subsequent proceedings which involve similar questions of law. In any subsequent
proceeding, if the job insurance division or any appeal tribunal has serious doubt as to the
correctness of any principle so declared, the division or appeal tribunal may certify its findings of
fact in the case, together with the question of law involved, to the bureau, which after giving
notice and reasonable opportunity for hearing upon the law to all parties to such proceeding
thereupon shall certify to the division, or to the appeal tribunal, and the parties, its answer to the
questions submitted. If the question thus certified to the bureau arises in connection with a claim
for benefits, the bureau in its discretion may remove to itself the entire proceedings on such
claim, and after proceeding in accordance with the requirements of the North Dakota
unemployment compensation law with respect to proceedings before an appeal tribunal, shall
render its decision upon the entire claim. Any decision made under the North Dakota
unemployment compensation law after the removal of the proceedings upon a claim to the
bureau has the effect of a decision under section 52-06-19 and is subject to judicial review
within the same time and to the same extent.