§ 40-3-115 — Appeal of determinations.

Oklahoma § 40-3-115

• Jurisdiction: Oklahoma
• Title 40: Labor

Text

APPEAL OF DETERMINATIONS. A. If a determination is made by the Oklahoma Employment Security Commission on any aspect of an employer's account, and a method of appeal or protest of the determination is not set out in the statute or rule under which the determination was made, the employer may appeal or protest the determination under the procedure set forth in subsection B of this section. B. 1. All determinations affecting an employer account must be made by the Commission in writing in a Notice of Determination and mailed to the employer at the employer's last-known address with the mailing date and appeal rights set out in the document. If the employer has elected to be notified by electronic means according to procedures set out in Oklahoma Employment Security Commission rules, notice shall be deemed to be given when the Commission transmits the notification by electronic means. 2. Within twenty (20) days after the mailing or transmission of the Notice of Determination as provided for in paragraph 1 of this subsection, the employer may file with the Commission, or its representative, a written request for a review and redetermination setting forth the employer's reasons therefor. If any employer fails to file a written request for review and redetermination within twenty (20) days without good cause, then the initial determination of the Commission shall be final, and no further appeal or protest shall be allowed. 3. If a written request for review and redetermination is filed, the Commission shall provide for a review and issue a Notice of Redetermination in the matter. The employer may appeal the redetermination by filing a written appeal within twenty (20) days of the date of the mailing of the Notice of Redetermination. If the employer fails to file a written appeal within twenty (20) days without good cause, the redetermination of the Commission shall be final and no further appeal shall be allowed. 4. Upon the timely filing of a written appeal, the Commission shall provide for an oral hearing to allow the employer to present evidence in support of the appeal. The standard of review on appeal shall be de novo. The Commission or its representatives shall, by written notice, advise the employer of the date of the hearing, which shall not be less than ten (10) days from the date of the mailing of the written notice. At the discretion of the Commission, this hearing shall be conducted by the Commission, or by a representative appointed by the Commission for this purpose. The appealing party shall bear the initial burden of proof at the hearing. 5. Pursuant to the hearing, the Commission or its representative shall, as soon as practicable, make a written order setting forth its findings of fact and conclusions of law, and shall mail it to the employer at the employer's last-known address with the mailing date and appeal rights set out in the document. 6. The employer or the Commission may appeal the order to the district court of the county in which the employer has its principal place of business by filing a Petition for Review with the clerk of the court within thirty (30) days after the date the order was mailed to all parties. If the employer does not have a principal place of business in any county in this state, then the Petition for Review shall be filed with the Oklahoma County District Court. All appeals shall be governed by Part 4 of Article 3 of the Employment Security Act of 1980. If the employer fails to file an appeal to the district court within the time allowed, the order shall be final and no further appeal shall be allowed. C. Untimely requests for review and redetermination pursuant to paragraph 2 of subsection B of this section and written protests for appeals filed pursuant to paragraph 3 of subsection B of this section may be allowed for good cause shown, if the request for good cause is filed in writing with the Commission within one (1) year of the date of the determination or redetermination that is the basis of the request for untimely filing.

Legislative History

Added by Laws 1997, c. 30, § 18, eff. July 1, 1997. Amended by Laws 2006, c. 176, § 19, eff. July 1, 2006; Laws 2007, c. 354, § 8, eff. Nov. 1, 2007; Laws 2012, c. 196, § 9, emerg. eff. May 8, 2012; Laws 2013, c. 71, § 12, eff. Nov. 1, 2013; Laws 2019, c. 251, § 9, eff. July 1, 2019; Laws 2022, c. 360, § 19, eff. Nov. 1, 2022.