Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABORChapter VII - Division Of Unemployment InsuranceSubchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board
Part 463 - Appeal To Appeal Board
Section 463.1 - Notice of appeal

N.Y. Comp. Codes R. & Regs. tit. 12 § 463.1

Download
PDF
Current through Register Vol. 46, No. 50, December 11, 2024
Section 463.1 - Notice of appeal
(a) Generally. In any notice of appeal, the party appealing should state the reasons therefor.
(b) By claimant. A claimant may appeal, pursuant to section 621, subdivision 1 of the law, by filing a notice of appeal at the designated local office, or at any office of the administrative law judge section, or at the office of the appeal board, within 20 days after the mailing or personal delivery of the administrative law judge decision.
(c) By employer in a claimant case. In a claimant case, under section 621, subdivision 1 of the law, the employer may appeal within 20 days after the mailing or personal delivery of the administrative law judge decision, provided the employer appeared at the administrative law judge hearing, by filing a notice of appeal at the designated local office, or at any office of the administrative law judge section, or at the office of the appeal board.
(d) By employer in an employer case. An employer may appeal from an administrative law judge decision on a contested determination, rule or order of the commissioner, pursuant to section 621, subdivision 2 of the law, within 20 days after the mailing or personal delivery of the administrative law judge decision, provided the employer appeared at the administrative law judge hearing, by filing a notice of appeal with the commissioner at the designated office, or at any office of the administrative law judge section, or at the office of the appeal board.
(e) By commissioner. The commissioner may appeal from the administrative law judge decision in any claimant or employer case, pursuant to section 621, subdivisions 1 and 2 of the law, by filing a notice of appeal, in any of the offices designated in subdivisions (b), (c) and (d) of this section, within 20 days of the mailing or personal delivery of such decision, whether or not the commissioner appeared or was represented at the administrative law judge hearing.
(f) Notice of receipt of appeal. The board shall send notice of receipt of appeal to the commissioner, the claimant, the employer and their duly designated representatives. Each notice of receipt of appeal to the board shall include the following statement and the parties shall be granted the following rights:
(1) All communications should cite the above appeal number.
(2) The appeal board usually decides appeals without a new hearing. It relies on evidence taken at the administrative law judge hearing and the written arguments of the parties on appeal. The board will not consider any evidence not introduced at the administrative law judge hearing unless all parties consent or it is made part of the record at a further hearing. In its discretion the board may hold an additional hearing.
(3) Each of the parties may submit, in writing, requests to inspect the minutes of the hearing, or statements, documents or briefs to be considered in connection with this appeal. Two copies of such written requests, statements, documents or briefs must be mailed, within seven days from the date of this notice, addressed to the Unemployment Insurance Appeal Board, One Main Street, 4th Floor, Brooklyn, NY 11201. An attorney-at-law, or representative, must mail a copy of the statement, document or brief to each of the other parties, and their attorneys and representatives, and certify to the board that this has been done. Each party may submit such statement, document or brief only once. Subsequent statements, documents or briefs will be returned to the party.
(4) Upon written request, arrangements may be made to inspect the minutes of the administrative law judge hearing or to borrow the minutes for the purpose of making a copy thereof at the party's expense. The request to make such arrangements must be made within seven days from the date of the notice of receipt of appeal. In such event, the time to submit written statements, documents or briefs shall be 20 days from the date when that party is sent notice that the transcript is available for inspection or copying.
(5) If another party submits statements, documents or briefs on this appeal, you will receive copies and will have 12 days to reply in writing. The 12 days to reply is measured from the date when the copies were mailed to you. A party may submit a reply at only one time. Subsequent replies will be returned to the party.
(6) Any party may make a written request for an extension of the above time limits to submit a statement, document, brief or reply. The request must give the specific reasons why the time limit cannot be met. Extensions will only be granted if the request establishes good cause to excuse the delay. Unless an extension has been granted, any submission mailed after the times specified here shall be returned to the party.
(7) Parties may be represented by lawyers or other persons of their choice on appeal before the appeal board. For representing a claimant, a lawyer or agent registered by the appeal board may charge a fee. Before the claimant pays the representative any fee, the fee must be approved by the appeal board. No other person may charge a fee for representing a claimant. If you do not have enough money to hire a lawyer or registered agent, you may be able to get one free through your local Legal Aid Society or Legal Services Program.
(8) If you have any questions, contact the board at the above address.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 463.1