23-423

23-423. Review board rights and
procedures

A. A request for review to the review board shall be filed with the commission
within fifteen days from the date the decision was mailed to the parties and copies of
the request shall be mailed to all other parties to the proceeding before the
administrative law judge. For the purposes of this section, "filed" means deposited in
the United States mail, postage prepaid or actually received by the commission.

B. The request for review shall state the grounds for review and whether oral
argument is requested.

C. When review has been requested, the record of such oral proceedings at the
hearing before the administrative law judge for purposes of the review shall be
transcribed at the expense of the party requesting review. The record shall be certified
to be true and correct by the administrative law judge.

D. Notice of review shall be given the parties by mail by the board.

E. If oral argument is requested a hearing date shall be established and notice of
such will be sent with the notice of review to the parties.

F. The review of the board shall be based upon the record submitted to it under the
provisions of subsection C and such oral argument as may be requested and received. If
the board determines that a case has been improperly, incompletely or otherwise
insufficiently developed or heard by the administrative law judge, it may remand the case
to the administrative law judge for further evidence taking, correction or other
necessary action.

G. The board may affirm, reverse, modify or supplement the decision of the
administrative law judge and make such disposition of the case as it determines to be
appropriate. It shall make a decision within thirty days after review has been
submitted.

H. The decision of the board shall be filed with the commission and a copy thereof
sent by mail to the parties.

1. All decisions of the review board shall be in writing.

2. Decisions of the review board shall be made by a majority vote of the review
board.

3. A decision of the review board is binding upon the director and the division
with respect to the parties involved in the particular appeal. The director shall have
the right to seek judicial review of a review board decision irrespective of whether or
not he appeared or participated in the appeal to the review board.

I. The decision of the board is final unless within ten days after the date of
service of copies of such decision on the parties, one of the parties applies to the
court of appeals for a writ of certiorari to review the lawfulness of the decision. A
copy of such application shall be forthwith transmitted to the clerk of the court, to the
review board, to the commission and to the other parties and within ten days therefrom,
the commission shall certify the record, proceedings and evidence before the
administrative law judge and the review board to the court of appeals. Upon such filing,
the court shall have jurisdiction of the proceedings and of the question determined
therein, and shall have power to make and enter upon the pleadings, testimony and
proceedings set forth in such record a decree affirming, modifying or setting aside in
whole or in part, the order of the review board and enforcing the same to the extent that
such order is affirmed or modified. The commencement of proceedings under this
subsection shall not, unless ordered by the court, operate as a stay of the order of the
review board. No objection that has not been urged before the review board shall be
considered by the court, unless the failure or neglect to urge such objection shall be
excused because of extraordinary circumstances. The findings of the review board with
respect to questions of fact, if supported by substantial evidence on the record
considered as a whole, shall be conclusive. If any party shall apply to the court for
leave to adduce additional evidence and shall show to the satisfaction of the court that
such additional evidence is material and that there were reasonable grounds for the
failure to adduce such evidence in the hearing before the administrative law judge, the
court may order such additional evidence to be taken before the administrative law judge
and to be made a part of the record. Petitions filed under this subsection shall be
heard expeditiously and the decision of the review board shall contain a statement of
this right of appeal.