State Codes and Statutes

Statutes > Rhode-island > Title-28 > Chapter-28-44 > 28-44-41

SECTION 28-44-41

   § 28-44-41  Determinations with respect tolabor disputes. – (a) In any case in which the payment or denial of benefits will be affected bythe provisions of § 28-44-16, the director shall promptly transmit his orher full findings of fact with respect to that section to the board of reviewor an appeal tribunal designated by it, which, on the basis of the evidencesubmitted, and that additional evidence as it may require, shall affirm,modify, or set aside those findings of fact and transmit to the director adecision upon the issues involved under that section. Any action by the boardof review in that case shall be by the full board of review, or in the absenceor disqualification of either the member representing labor, or the memberrepresenting industry, that action shall be by the member representing thepublic generally, acting alone.

   (b) In any case involving this section where the board ofreview has designated an appeal tribunal to hear and decide the case, thedetermination of the appeal tribunal shall then be subject to appeal, as ofright, to the board of review within the same period as that provided forappealing a determination made by the director. If the board of review electsto make a determination, it shall afford all parties a fair hearing as requiredwith respect to proceedings before an appeal tribunal. No furtheradministrative appeal shall be permitted from the determination of the board ofreview in that case but judicial review may be initiated as otherwise providedfor in chapters 42 – 44 of this title.

State Codes and Statutes

Statutes > Rhode-island > Title-28 > Chapter-28-44 > 28-44-41

SECTION 28-44-41

   § 28-44-41  Determinations with respect tolabor disputes. – (a) In any case in which the payment or denial of benefits will be affected bythe provisions of § 28-44-16, the director shall promptly transmit his orher full findings of fact with respect to that section to the board of reviewor an appeal tribunal designated by it, which, on the basis of the evidencesubmitted, and that additional evidence as it may require, shall affirm,modify, or set aside those findings of fact and transmit to the director adecision upon the issues involved under that section. Any action by the boardof review in that case shall be by the full board of review, or in the absenceor disqualification of either the member representing labor, or the memberrepresenting industry, that action shall be by the member representing thepublic generally, acting alone.

   (b) In any case involving this section where the board ofreview has designated an appeal tribunal to hear and decide the case, thedetermination of the appeal tribunal shall then be subject to appeal, as ofright, to the board of review within the same period as that provided forappealing a determination made by the director. If the board of review electsto make a determination, it shall afford all parties a fair hearing as requiredwith respect to proceedings before an appeal tribunal. No furtheradministrative appeal shall be permitted from the determination of the board ofreview in that case but judicial review may be initiated as otherwise providedfor in chapters 42 – 44 of this title.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-28 > Chapter-28-44 > 28-44-41

SECTION 28-44-41

   § 28-44-41  Determinations with respect tolabor disputes. – (a) In any case in which the payment or denial of benefits will be affected bythe provisions of § 28-44-16, the director shall promptly transmit his orher full findings of fact with respect to that section to the board of reviewor an appeal tribunal designated by it, which, on the basis of the evidencesubmitted, and that additional evidence as it may require, shall affirm,modify, or set aside those findings of fact and transmit to the director adecision upon the issues involved under that section. Any action by the boardof review in that case shall be by the full board of review, or in the absenceor disqualification of either the member representing labor, or the memberrepresenting industry, that action shall be by the member representing thepublic generally, acting alone.

   (b) In any case involving this section where the board ofreview has designated an appeal tribunal to hear and decide the case, thedetermination of the appeal tribunal shall then be subject to appeal, as ofright, to the board of review within the same period as that provided forappealing a determination made by the director. If the board of review electsto make a determination, it shall afford all parties a fair hearing as requiredwith respect to proceedings before an appeal tribunal. No furtheradministrative appeal shall be permitted from the determination of the board ofreview in that case but judicial review may be initiated as otherwise providedfor in chapters 42 – 44 of this title.