23-943

23-943. Decision upon review

A. The request for review of an administrative law judge award need only state that
the party requests a review of the award. The request may be accompanied by a memorandum
of points and authorities, in which event any other interested party shall have fifteen
days from the date of filing in which to respond. Failure to respond will not be deemed
an admission against interest.

B. The request for review shall be filed with the administrative law judge division
and copies of the request shall be mailed to all other parties to the proceeding.

C. When review has been requested, the record of such oral proceedings at the
hearings before the administrative law judge for purposes of the review shall be
transcribed at the expense of the commission.

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

E. The review shall be made by the presiding administrative law judge and shall be
based upon the record and the memoranda submitted under the provisions of subsection A of
this section.

F. The presiding administrative law judge may affirm, reverse, rescind, modify or
supplement the award and make such disposition of the case as is determined to be
appropriate. A decision upon review shall be made within sixty days after the review has
been requested, with preference being given to those cases not receiving compensation.

G. The decision upon review shall become a part of the commission file and a copy
thereof sent by mail to the parties.

H. The decision upon review shall be final unless within thirty days after the date
of mailing of copies of such decision to the parties, one of the parties applies to the
court of appeals for a writ of certiorari pursuant to section 23-951. The decision shall
contain a statement explaining the rights of the parties under this section and section
23-951.