CHAPTER 212. DISPUTE RESOLUTION

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LABOR CODE

TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT

SUBTITLE A. TEXAS UNEMPLOYMENT COMPENSATION ACT

CHAPTER 212. DISPUTE RESOLUTION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 212.001. PROCEDURES. The manner in which disputed claims

are presented, the reports on disputed claims required from

claimants, employers, or other persons, and the conduct of

hearings and appeals must be in accordance with rules adopted by

the commission for determining the rights of parties to disputed

claims.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.002. RECORD. (a) A complete record shall be kept of

proceedings in connection with a disputed claim.

(b) Testimony at any hearing on a disputed claim shall be

recorded.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.003. WITNESS FEES. (a) A witness subpoenaed under

this chapter is entitled to a fee at a rate set by the

commission.

(b) The witness fee is an expense of administering this

subtitle.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.004. PAYMENT OF BENEFITS PENDING APPEAL. (a) Except

as otherwise provided by this section, benefits shall be paid in

accordance with a final determination.

(b) Benefits shall be paid promptly in accordance with:

(1) a determination or redetermination of an examiner;

(2) a decision of an appeal tribunal;

(3) a decision of the commission; or

(4) a decision of a reviewing court.

(1) any provision of this subtitle under which benefits may be

paid or denied; or

(2) the pendency of:

(A) a period to:

(i) apply for reconsideration;

(ii) file an appeal; or

(iii) petition for judicial review;

(B) an application for reconsideration;

(D) a petition for judicial review.

(d) Benefits paid under a determination, redetermination, or

decision continue until the determination, redetermination, or

decision is modified or reversed by a subsequent redetermination

or decision, and shall be paid or denied in accordance with the

modifying or reversing redetermination or decision.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.005. CHARGEBACK ON REVERSAL OF DETERMINATION OR

DECISION ALLOWING BENEFITS PROHIBITED. A chargeback may not be

made to an employer's account because of payments having been

made under a determination or decision to the claimant for any

benefit period with regard to which the claimant is finally

denied benefits by a modification or reversal of the

determination or decision.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.006. RECOVERY OF BENEFITS PAID. (a) Benefits paid to

a claimant that are not in accordance with the final decision

shall be:

(1) refunded by the claimant to the commission; or

(2) in the discretion of the commission, deducted from future

benefits payable to the claimant under this subtitle.

(b) Benefits paid that are not in accordance with the final

decision are also collectible in the manner provided by Sections

213.031, 213.032, 213.033, 213.035, and 213.051 for the

collection of past due contributions.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.37, eff. Sept. 1,

1995.

SUBCHAPTER B. EXAMINERS

Sec. 212.051. DETERMINATION BY EXAMINER ON NOTIFICATION. (a)

If the person for which a claimant last worked files a

notification with the commission as provided by Section 208.004,

an examiner shall determine:

(1) whether the claimant is disqualified from receiving benefits

under Sections 207.044-207.053;

(2) the resolution of any other issue affecting the claimant's

right to receive benefits that arises under any other provision

of this subtitle; and

(3) whether, if benefits are to be paid to the claimant, a

chargeback is to be made to the person's account.

(b) The examiner shall mail a copy of the determination to the

claimant and:

(1) the person for which the claimant last worked;

(2) the branch or division for which the claimant last worked;

(3) the address for mail service designated by a governmental

employer.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.052. DETERMINATION BY EXAMINER ON EXAMINER'S OWN

MOTION. (a) If a notification as provided by Section 208.004

from the person for which a claimant last worked is not filed,

and information on the claim or other information secured raises

an issue affecting the claimant's right to benefits under this

subtitle, an examiner shall determine whether the claimant is to

receive benefits.

(b) The examiner shall mail a copy of the determination to the

claimant at the claimant's last known address.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.053. DETERMINATION FINAL; APPEAL. An examiner's

determination is final for all purposes unless:

(1) the claimant or the person or branch for which the claimant

last worked and to whom the copy of the determination is mailed

files an appeal from the determination not later than the 14th

calendar day after the date on which the copy of the

determination is mailed to the last known address of the

claimant, person, or branch as shown by commission records;

(2) an examiner files an appeal from the determination within

the period specified in Subdivision (1); or

(3) an examiner makes a redetermination as provided by Section

212.054.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.054. REDETERMINATION BY EXAMINER. (a) Except as

otherwise provided by this subsection, if an examiner discovers

an error in connection with a determination or discovers

additional information not previously available, the examiner,

within the period specified in Section 212.053(1), may reconsider

and redetermine the determination. An examiner may issue a

redetermination to correct a clerical or machine error at any

time during a claimant's benefit year.

(b) An examiner's redetermination replaces the original

determination and becomes final unless the claimant or the person

for which the claimant last worked files an appeal from the

redetermination not later than the 14th calendar day after the

date on which a copy of the redetermination is mailed to the

claimant's or person's last known address as shown by commission

records.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by Acts 1997, 75th Leg., ch. 94, Sec. 5, eff. Sept. 1,

1997.

SUBCHAPTER C. APPEAL TRIBUNALS

Sec. 212.101. ESTABLISHMENT OF APPEAL TRIBUNALS. (a) The

commission shall establish one or more impartial appeal tribunals

to hear and decide disputed claims if the establishment of those

appeal tribunals is necessary to ensure prompt disposal of cases

on appeal.

(b) An appeal tribunal is composed of a salaried examiner.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.102. ACTION BY APPEAL TRIBUNAL. Unless the appeal is

withdrawn, an appeal tribunal shall affirm or modify the

determination of the examiner after giving the parties reasonable

opportunity for fair hearing.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.103. NOTICE OF APPEAL TRIBUNAL ACTION. The parties to

an appeal shall be notified of the appeal tribunal's decision and

the reasons for the decision.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.104. DECISION CONSIDERED FINAL COMMISSION DECISION.

The decision of an appeal tribunal is the final decision of the

commission unless further appeal is initiated as provided by

Section 212.151 not later than the 14th day after the date the

decision is mailed.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.105. REMOVAL OR TRANSFER OF CLAIM PENDING BEFORE APPEAL

TRIBUNAL. (a) The commission may remove to itself or transfer

to another appeal tribunal the proceedings on a claim pending

before an appeal tribunal.

(b) A quorum of the commission shall hear a proceeding removed

to the commission under Subsection (a).

a copy of its findings and decision.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.106. RULES REGARDING HEARINGS CONDUCTED BY TELEPHONE

CONFERENCE. The commission by rule shall develop procedures to

ensure that an appeal tribunal makes every effort in a hearing

conducted by telephone conference under this subchapter to obtain

all relevant facts and evidence from the parties to the appeal.

Added by Acts 2003, 78th Leg., ch. 817, Sec. 7A.02, eff. Sept. 1,

2003.

SUBCHAPTER D. COMMISSION REVIEW

Sec. 212.151. REVIEW OF APPEAL TRIBUNAL DECISION. The

commission may:

(1) on its own motion:

(A) affirm, modify, or set aside any decision of an appeal

tribunal on the basis of the evidence previously submitted in the

case; or

(B) direct the taking of additional evidence; or

(2) permit any of the parties to the decision to initiate a

further appeal before the commission.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.152. NOTICE OF COMMISSION ACTION. The commission

promptly shall mail to the parties before it a copy of its

findings and decision.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.153. FINALITY OF COMMISSION DECISION. A decision of

the commission becomes final 14 days after the date the decision

is mailed unless before that date:

(1) the commission by order reopens the appeal; or

(2) a party to the appeal files a written motion for rehearing.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER E. JUDICIAL REVIEW OF COMMISSION DECISION

Sec. 212.201. COMMENCEMENT OF JUDICIAL REVIEW; DEFENDANTS. (a)

A party aggrieved by a final decision of the commission may

obtain judicial review of the decision by bringing an action in a

court of competent jurisdiction for review of the decision

against the commission on or after the date on which the decision

is final, and not later than the 14th day after that date.

(b) Each other party to the proceeding before the commission

must be made a defendant in an action under this subchapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.202. STANDARD OF JUDICIAL REVIEW; EXCEPTIONS NOT

NECESSARY. (a) Judicial review under this subchapter is by

trial de novo based on the substantial evidence rule.

(b) It is not necessary in a judicial proceeding under this

subchapter to enter exceptions to the rulings of the commission.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by Acts 2003, 78th Leg., ch. 1208, Sec. 1, eff. June 20,

2003.

Sec. 212.203. EXHAUSTION OF REMEDIES. (a) A party claiming to

be aggrieved by a final decision of the commission may not obtain

judicial review of the decision unless the party has exhausted

the party's remedies before the commission as provided by this

subtitle.

(b) The exhaustion of those remedies does not include a motion

for rehearing.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.204. FILING OF ACTION. An action under this subchapter

must be filed:

(1) in the county of the claimant's residence; or

(2) if the claimant is not a resident of this state, in:

(A) Travis County;

(B) the county in this state in which the claimant's last

employer has its principal place of business; or

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.205. PETITION; SUPERSEDEAS. (a) A petition in an

action under this subchapter must state the grounds on which

review is sought.

(b) A petition for judicial review does not act as a

supersedeas.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.206. COMMISSION CONSIDERED PARTY TO JUDICIAL REVIEW;

NOTICE OF PETITION. (a) The commission is considered a party to

any judicial action involving a final decision of the commission.

(b) A petition to bring an action under this subchapter must be

served on:

(1) a member of the commission; or

(2) a person designated by the commission.

be left with the party served under Subsection (b). The

commission immediately shall mail one copy of the petition to

each defendant.

(d) Service in compliance with this section constitutes

completed service on all defendants.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.207. REPRESENTATION OF COMMISSION. The commission may

be represented in any judicial action involving a final decision

of the commission by any qualified attorney who:

(1) is a regular salaried employee of the commission; and

(2) has been appointed for that purpose by the attorney general.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.208. PRECEDENCE OVER OTHER CIVIL ACTIONS. An action

under this subchapter shall be given precedence over all other

civil cases except cases arising under the workers' compensation

laws of this state.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 212.210. APPEAL BOND NOT REQUIRED. An appeal bond is not

required in an appeal from a decision of a trial court in an

action under this subchapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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