Thursday, December 9, 2010


Now on this issue, let us examine the Appeal Board rules - again, right now we are limiting this discussion to the Claimant's request for a hearing:

"Section 461.1 Request for hearing under subdivision 1 of section 620 (claimant case).

(a) A claimant who is dissatisfied with an initial determination, or any other party affected by such determination, may request a hearing before an administrative law judge, pursuant to subdivision 1 of section 620 of the law, within 30 days after the mailing or personal delivery of such initial determination. A request for a hearing shall be deemed to be timely filed if such request is postmarked within 30 days of the appealing party's receipt of such determination, or if there is other proof of filing of same with the commissioner, such as a fax acknowledgment, a certificate of mailing, a stamped receipt by an agent of the commissioner, or an affidavit of personal service on the commissioner or her agent by a disinterested party. Absent proof to the contrary, an initial determination of the commissioner shall be deemed to have been mailed on the date recited on the initial determination and received by a party to whom it is addressed no later than five business days after the date on which it is mailed. The request for such hearing shall be filed at the local office. The request should be in writing stating the reasons therefor.

(b) If an affected party, other than a claimant, requests a hearing on an initial determination which has held the claimant eligible to receive benefits, such party must submit a written statement of the factual basis or specific events which such party contends are the grounds for denying benefits to the claimant. This statement of the factual incidents which are in issue should be of sufficient particularity as to inform the claimant of the facts to which the claimant must be prepared to respond at a hearing. Prior to the hearing, a copy of this written statement must be sent to the claimant."

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