23-672. Appeals board; review of board
decision
A. Within the department, an appeals board is established consisting of four
members. The director shall appoint the members of the appeals board and shall designate
one member to serve as chairman.
B. Hearings conducted by or at the direction of the appeals board shall be
conducted as provided by section 23-674 and other provisions of this chapter. The
department shall prescribe by rule the procedures for petitioning for review, removal of
cases to the board and appeals under section 23-673. An interested party may file either
a written or electronic petition for review. On the filing of a petition for review, the
department shall prepare a complete record unless the parties stipulate otherwise.
C. In any case in which a petition for review of an appeal tribunal or hearing
officer decision has been filed by an interested party, the appeals board may remand the
case to any appeal tribunal or hearing officer for further proceedings or may review the
matter on the basis of the record in the case, take additional evidence or rehear the
matter and affirm, reverse, modify or set aside the decision of the appeal tribunal or
hearing officer. On notice to the interested parties, a petition for review may be
reviewed by one member of the appeals board designated by the chairman. If an interested
party objects to review by one board member, the matter shall be heard by three members
of the appeals board.
D. Unless a petition for hearing or review of a department determination made under
article 5 of this chapter is withdrawn, the appeals board after affording the parties
reasonable opportunity for a fair hearing shall issue its decision.
E. Every decision of the appeals board shall be in writing. If the decision is
issued by three members of the appeals board, and the appeals board is not unanimous, the
decision of the majority shall control. The minority may file a dissent from the
decision, setting forth the reasons for the dissent. All interested parties shall be
promptly notified of the decision and the reasons for the decision. Notice to the parties
of the decision shall be accompanied by instructions explaining the procedure for
requesting review as described in subsection F of this section and clearly indicating the
final date for filing a request for review.
F. A party dissatisfied with the decision under subsection E of this section may
file a request for review within thirty days from the date of the decision, which shall
be a written or electronic request and memorandum stating the reasons why the appeals
board's decision is in error and containing appropriate citations of the record, rules
and other authority. On motion, and for good cause, the appeals board may extend the time
for filing a request for review. The timely filing of such a request for review is a
prerequisite to any further appeal. The appeals board shall notify all parties of the
filing of a request for review and shall allow fifteen days from the date of the notice
for any party to respond. Thereafter, the appeals board shall issue a decision on review
affirming, modifying or reversing its decision, or ordering the taking of additional
testimony. All parties shall be given written notice by mail of the decision on review.
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