§ 620 — Referees' hearings

New York § 620

• Jurisdiction: New York
• Law LAB: Labor
• Title 8: Hearings and Appeals
• Art. 18: Unemployment Insurance Law

Text

§ 620. Referees' hearings. 1. Disputed claims for benefits. (a) A\nclaimant who is dissatisfied with an initial determination of his or her\nclaim for benefits or any other party, including any employer whose\nemployer account percentage might be affected by such determination may,\nwithin thirty days after the mailing or personal delivery of notice of\nsuch determination, request a hearing. The referee may extend the time\nfixed for requesting a hearing, upon evidence that the physical\ncondition or mental incapacity of the claimant prevented the claimant\nfrom filing an appeal within thirty days of the initial determination.\nAny employer whose employer account percentage might be affected by such\ndetermination, irrespective of whether or not such employer was a party\nto a hearing brought hereunder, shall have access to all records of any\nhearing brought hereunder by any party relating to such determination,\nprovided, however, that those records shall be subject to redaction or\nshall be withheld in accordance with applicable federal or state\nstatutory and regulatory requirements governing information\nconfidentiality and personal privacy, including, but not limited to,\narticle six and article six-A of the public officers law.\n (b) When the initial determination of a claim for benefits, upon which\na hearing has been requested, involves the question whether any person\nis or was an employer within the meaning of this article and is or was\nliable for the payment of contributions under this article, or the\nquestion whether an employer has fully complied with the obligations\nimposed by this article, written notice of the hearing shall be given to\nsuch persons or employer, either personally or by mail, and thereupon\nhe, she or such employer shall be deemed a party to the proceeding,\nentitled to be heard. Upon such notice having been given, the referee\nmay then decide such question or questions and any other issue related\nthereto, and his or her decision shall not be deemed limited in its\neffect to the immediate claimant making the claim for benefits but shall\nbe deemed a general determination of such questions with respect to all\nthose employed by such person or employer for all the purposes of this\narticle, and such decision shall be conclusive and binding upon the\nclaimant and such person or employer, subject, however, to the right to\nappeal hereinafter provided.\n 2. Contested determinations, rules, or orders. Any employer who claims\nto be aggrieved by the commissioner's determination of the amount of the\nemployer's contributions or by any other rule or order of the\ncommissioner under any provision of this article may apply to the\ncommissioner for a hearing within thirty days after mailing or personal\ndelivery of notice of such determination, rule, or order.\n 3. Decisions. Every hearing as herein provided for shall be held by a\nreferee who shall render his or her decision within five days after the\nhearing is concluded. Written notice of the referee's decision,\ncontaining the reasons therefor, shall be promptly given to the claimant\nor employer, to the commissioner, and to any party affected thereby who\nappeared at the hearing. Publication of a referee's decision or of any\nappeal board decision shall be subject to redaction or shall be withheld\nin accordance with applicable federal or state statutory and regulatory\nrequirements governing information confidentiality and personal privacy,\nincluding, but not limited to, article six and article six-A of the\npublic officers law.\n The decision of a referee shall be deemed the decision of the appeal\nboard from the date of the filing thereof in the department, unless an\nappeal is taken from such decision to the board in accordance with the\nprovisions of this article or unless the board on its own motion or on\napplication duly made to it modify or rescind such decision.\n 4. Whenever any deaf person is a party to a hearing conducted before a\nreferee, or a witness thereon, the referee shall in all instances,\nappoint a qualified interpreter who is certified by a recognized\nnational or New York state credentialing authority to interpret the\nproceedings to and the testimony of such deaf person. The commissioner\nshall determine a reasonable fee for all such interpreting services, the\ncost of which shall constitute expenses under this article.\n