40 Tex. Admin. Code § 815.15 - Parties with Appeal Rights
(a) This
section defines the circumstances under which a party has appeal rights. For
the purposes of appeals under this chapter, the term "party of interest" shall
be used to denote a party with appeal rights.
(b) A claimant may file an appeal from an
action of the Agency and/or the Commission that affects the claimant's right to
benefits subject to this chapter and the Act.
(c) An employer may file an appeal from a
determination that affects a claimant's entitlement to benefits if the employer
is a party of interest to the determination. The paragraphs of this subsection
are situations in which the Agency shall treat an employer as a party of
interest in a specific proceeding. Only one employer shall be a party of
interest to a proceeding.
(1) An employer
named as the last work on an initial claim is a party of interest to a
determination(s) ruling on the merits of the claimant's separation and other
specific issues raised by the employer regarding the claimant's entitlement to
benefits, if the employer filed a timely response to notice of the claimant's
initial claim.
(2) An employer
named as the last work on an additional or continued claim is a party of
interest to a determination(s) ruling on the merits of that additional or
continued claim separation, if the employer filed a timely response to notice
of the claimant's additional or continued claim and:
(A) was the employer named as the last work
on the claimant's initial claim and the employer filed a timely response to
notice of the claimant's initial claim; or
(B) is a base period employer whose account
has been ruled subject to chargeback.
(3) A reimbursing employer named as the last
work on an additional or continued claim is a party of interest to a
determination(s) ruling on the merits of that additional or continued claim
separation, if the employer filed a timely response to notice of the claimant's
additional or continued claim and:
(A) was
the employer named as the last work on the claimant's initial claim and the
employer filed a timely response to notice of the claimant's initial claim;
or
(B) is a base period
employer.
(4) If an
employer, during a claimant's benefits year, provides the Agency with
information that raises specific issues including, but not limited to, a
potential disqualification, ineligibility, or allegations of fraud, each of
which affects that claimant's entitlement to benefits, then the employer shall
be a party of interest to a determination ruling on the merits of the specific
issue raised by the employer as follows:
(A)
the employer is named as the last work on the claimant's initial claim and the
employer filed a timely response to notice of the claimant's initial
claim;
(B) the employer is a base
period taxed employer whose account has been ruled subject to chargeback (even
if that employer was named as the last work on the claimant's initial claim and
did not timely respond to notice of the claimant's initial claim); or
(C) the employer is a base period reimbursing
employer.
(5) An
employer against whom a claimant has alleged entitlement to additional base
period wages shall be a party of interest to that issue.
(6) If an employer has requested a waiver
under §
815.28(a)(1)(E)(v)
of this subchapter and the Agency Executive
Director denies the waiver, the employer shall be a party of interest to any
benefits appeal where ineligibility results from that denial.
Notes
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