23-671

23-671. Appeal tribunals

A. The department shall establish one or more impartial appeal tribunals to hear
and decide disputed claims. Such appeal tribunals shall consist in each case of one
member who shall be a salaried examiner selected on a nonpartisan merit basis. A person
shall not participate on behalf of the department in any case in which he is an
interested party.

B. Within a reasonable time before the date set for a hearing, any interested party
to a hearing before the appeal tribunal may file an affidavit for change of appeal
tribunal and the department shall immediately transfer the matter to another appeal
tribunal. An interested party may electronically file the affidavit for change of appeal
tribunal under this subsection. Reasonable time shall be established by
regulation. Except for cause not more than one change of appeal tribunal shall be
granted to any one party.

C. An appeal tribunal may refer any case before it or any question involved therein
to the appeals board established pursuant to section 23-672.

D. Unless an appeal is withdrawn or the proceedings are removed or referred to the
appeals board, an appeal tribunal, after giving reasonable notice and affording all
interested parties reasonable opportunity for a fair hearing, shall make a decision. The
parties to the appeal shall be promptly notified of the decision and the reasons for the
decision. The decision shall become final unless within fifteen days after mailing or
electronic transmission of the decision any interested party files a written or
electronically transmitted petition for review with the appeals board or the appeals
board assumes jurisdiction in accordance with subsection E of this section.

E. Before the date on which an appeal tribunal decision becomes final, the appeals
board on its own motion may, by notice mailed to all interested parties, either:

1. Set aside the decision of the appeal tribunal and remand the proceedings to
another appeal tribunal for review and decision.

2. Order the taking of additional evidence.

3. Remove the proceedings to itself for review and decision.

F. If the appeals board removes a case to itself pursuant to this section, the
appeals board may order the taking of additional evidence and may affirm, reverse, modify
or set aside the decision of the appeal tribunal. The appeals board shall promptly
notify the parties to the proceedings of its decision.