Ga. Comp. R. & Regs. R. 300-2-5-.03 - Appeals to the Board of Review

Current through Rules and Regulations filed through April 4, 2022

(1) The appeal. Any party authorized by the Employment Security Law to appeal to the board of review may do so in person by filing with the local office of the department where the claim was filed, a "Notice of Appeal", on Form DOL-423, setting forth the information required, or by writing to the department.

(2) The review.

(a) All appeals to the board of review shall be decided upon the evidence in the record made before the administrative hearing officer.

(b) In the review of an appeal, the board of review may limit the parties to oral argument, or to filing of written briefs or both.

(c) If, in the discretion of the board of review, additional evidence is deemed necessary to enable it to determine the appeal, the board on its own motion, shall remand the case to the Chief Administrative Hearing Officer for the taking of such additional evidence and the parties shall be notified as to the time and place such evidence shall be taken. Any party to any proceeding in which testimony is to be taken may present and cross-examine whatever evidence may be deemed pertinent to the issues on which the board of review has directed the taking of additional evidence. Upon the completion of the taking of evidence by the administrative hearing officer, the appeal shall be returned to the board of review, unless the administrative hearing officer is directed to render a new decision in the light of the additional evidence.

(3) The decision.

(a) Following the conclusion of a review on an appeal, or the return of a case to the board following a remand for the taking of additional evidence, the board of review shall promptly announce its decision with respect to the appeal. The decision shall be in writing and shall be signed by members of the board of review and shall adhere to such form and content for such decisions as may be prescribed from time to time by the Employment and Training Administration of the United States Department of Labor.

(b) If a decision of the board of review is not unanimous, the decision of the majority shall control, provided, however, when a member is unable or unwilling to participate in a decision and a majority vote is not obtainable, the hearing officer decision shall stand affirmed. Any member of the board of review may file a dissenting opinion in the case setting forth the reasons why the member fails to agree with the majority.

(c) Copies of the decision, together with findings of law and fact, shall be mailed by the secretary of the board of review to the parties at interest.

(4) Rehearing.

(a) Any interested party who might be aggrieved by any decision of the board of review may move for a reconsideration of any such decision at any time prior to the end of the fifteen (15) day period fixed by OCGA Section 34-8-223 for the board's decision to become final. The term "interested party" means the parties to the appeal and shall include the Commissioner.

(b) Any party moving for a reconsideration hereunder shall file with the board of review the grounds therefor, and shall furnish the board a sufficient number of copies to enable it to furnish one such copy to each of the parties at interest.

(c) The board of review in its descretion may grant or deny any motion for reconsideration, either ex parte or after hearing. It may, in its discretion, notify the parties to appear before it at a specified time and place for argument on the motion. The board of review shall promptly issue its order on said motion.

(d) In any case in which a new hearing is granted, the board shall enter an order providing for such rehearing and shall fix in said order the time and place for rehearing, which shall be as soon after the issuance of the order as is deemed practicable by the board.

(e) No order of the board of review allowing a motion for reconsideration shall operate to stay payment of benefits previously allowed.

Notes

Ga. Comp. R. & Regs. R. 300-2-5-.03

O.C.G.A. Secs. 34-8-70, 34-8-174.

Original Rule entitled "Appeals to Appeal Tribunal" was filed and effective on May 18, 1965 as Rule 300-1-5-.03 by filing of May 20, 1966; effective June 8, 1966, said Rule was renumbered as 300-2-5-.03. Amended: Rule repealed and a new Rule entitled "Claimant Eligibility Appeals to Appeal Tribunal" adopted. Filed October 16, 1974; effective November 5, 1974. Amended: Filed August 29, 1975; effective September 18, 1975. Amended: Rule repealed and a new Rule of same title adopted. Filed November 4, 1976; effective November 24, 1976. Amended: Rule repealed and a new Rule entitled "Claimant Eligibility Appeals to Appeals Tribunal" adopted. Filed June 29, 1979; effective July 19, 1979. Amended: Rule repealed and a new Rule entitled "Appeals to the Board of Review" adopted. Filed October 24, 1983; effective November 13, 1983. Amended: Filed January 9, 1989; effective January 29, 1989. Repealed: New Rule of same title adopted. F. Aug. 28, 1992; eff. Sept. 17, 1992. Amended: F. Jun. 25, 1998; eff. July 15, 1998.