reglab/housing_qa huggingface dataset:
RI Gen L § 28-44-38 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-38 - Filing of claims - Procedures - Printed copies - Notices.

§ 28-44-38. Filing of claims — Procedures — Printed copies — Notices.(a) Claims for waiting period credit and for benefits shall be filed in accordance with regulations adopted as prescribed. Each employer shall post and maintain printed copies or statements of those regulations in places readily accessible to individuals employed by him or her. The director shall supply each employer with copies of those regulations or statements of the regulations without cost to the employers.(b) The director shall prescribe the type of reports required from employers and the manner in which the reports shall be presented.(c) Upon the filing of a claim, the director shall promptly notify the most recent employer and all employers for whom the claimant states he or she performed services and earned wages during his or her base period. The employers shall promptly furnish the information required to determine the claimant's benefit rights. If the claimant's employer or employers have any information that might affect either the validity of the claim or the right of the claimant to waiting period credit or benefits, he or she shall return the notice with that information. If an employer fails without good cause as established to the satisfaction of the director to return this notice within ten (10) working days of its mailing, the employer shall have no standing to contest any determination to be made by the director with respect to the claim and any benefit charges pursuant to it, and the employer shall be barred from being a party to any further proceedings relating to the claim. Notwithstanding any inconsistent provisions of chapters 42 — 44 of this title, any employer who fails to return the notice within that time shall pay a penalty of twenty-five dollars ($25.00) for each failure. The preceding penalty shall be paid into the employment security tardy account fund, and if any employer fails to pay the penalty, when assessed, it shall be collected by civil action as provided in § 28-43-18.History of Section.P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1939, ch. 670, § 7; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-38; P.L. 1958 (s.s.), ch. 215, § 3; P.L. 1987, ch. 418, § 2; P.L. 1997, ch. 34, § 3; P.L. 2015, ch. 101, § 2; P.L. 2015, ch. 113, § 2.
RI Gen L § 28-44-40 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-40 - Payment of benefits pending appeal.

§ 28-44-40. Payment of benefits pending appeal.(a) If an appeal is filed by an employer, benefits shall be paid to an eligible claimant until that employer's appeal is finally determined. If the employer's appeal is finally sustained, no further benefits shall be paid to the claimant during any remaining portion of the disqualification period. Any benefits paid or payable to that claimant shall not be recoverable unless it is established to the satisfaction of the director that the erroneous payment was the result of fraud committed by the claimant.(b) If, beginning on or after October 1, 2013, the director establishes that an erroneous payment was made to a claimant due to fraud committed by the claimant, this shall result in a recoverable overpayment and that individual shall also be liable to pay penalties and interest required under §§ 28-42-68(a) and 28-42-68(c) for those erroneous payments.History of Section.P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1940, ch. 812, § 6; P.L. 1949, ch. 2175, § 1; P.L. 1956, ch. 3663, § 1; G.L. 1956, § 28-44-40; P.L. 1958 (s.s.), ch. 215, § 3; P.L. 2013, ch. 120, § 2; P.L. 2013, ch. 130, § 2; P.L. 2015, ch. 102, § 1; P.L. 2015, ch. 112, § 1.
RI Gen L § 28-44-41 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-41 - Determinations with respect to labor disputes.

§ 28-44-41. Determinations with respect to labor disputes.(a) In any case in which the payment or denial of benefits will be affected by the provisions of § 28-44-16, the director shall promptly transmit his or her full findings of fact with respect to that section to the board of review or an appeal tribunal designated by it, which, on the basis of the evidence submitted, and that additional evidence as it may require, shall affirm, modify, or set aside those findings of fact and transmit to the director a decision upon the issues involved under that section. Any action by the board of review in that case shall be by the full board of review, or in the absence or disqualification of either the member representing labor, or the member representing industry, that action shall be by the member representing the public generally, acting alone.(b) In any case involving this section where the board of review has designated an appeal tribunal to hear and decide the case, the determination of the appeal tribunal shall then be subject to appeal, as of right, to the board of review within the same period as that provided for appealing a determination made by the director. If the board of review elects to make a determination, it shall afford all parties a fair hearing as required with respect to proceedings before an appeal tribunal. No further administrative appeal shall be permitted from the determination of the board of review in that case but judicial review may be initiated as otherwise provided for in chapters 42 — 44 of this title.History of Section.P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-41; P.L. 1984, ch. 142, art. 1, § 2; P.L. 1984 (s.s.), ch. 450, § 3.
RI Gen L § 28-44-42 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-42 - Appointment of appeal tribunals.

§ 28-44-42. Appointment of appeal tribunals.To hear and decide disputed claims, the board of review may appoint one or more impartial referees each of whom shall constitute an appeal tribunal to hear and decide appeals from determinations and re-determinations. The board of review may make appointments to it and fix the salaries of it in accordance with the state merit system law, rules, and regulations. No person shall participate on behalf of the board of review in any case in which he or she is an interested party.History of Section.P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1952, ch. 2975, § 2; G.L. 1956, § 28-44-42.
RI Gen L § 28-44-43 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-43 - Filing of appeals from director - Parties - Withdrawal.

§ 28-44-43. Filing of appeals from director — Parties — Withdrawal.Any claimant or any employing unit or employer who is an interested party as defined in § 28-44-39(c) may file an appeal from the determination of the director within the specified time. The parties to an appeal from a determination shall include all interested parties. Appeals may be withdrawn at the request of the appellant and with the permission of the appeal tribunal, if the record preceding the appeal and the request for the withdrawal support the correctness of the determination and indicate that no coercion or fraud is involved in the withdrawal.History of Section.G.L. 1938, ch. 284, § 8; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-43; P.L. 1958 (s.s.), ch. 215, § 3.
RI Gen L § 28-44-44 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-44 - Procedure before appeal tribunal - Record.

§ 28-44-44. Procedure before appeal tribunal — Record.A reasonable opportunity for a fair hearing shall be promptly afforded all interested parties. An appeal tribunal shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to statutory and common law rules. The board of review shall adopt regulations governing the manner of filing appeals and the conduct of hearings and appeals, consistent with the provisions of chapters 42 — 44 of this title. A record shall be kept of all testimony and proceedings in an appeal, but testimony need not be transcribed unless further review is initiated.History of Section.P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-44-44.
RI Gen L § 28-44-45 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-45 - Consolidated appeals.

§ 28-44-45. Consolidated appeals.When the same or substantially similar evidence is material to the matter in issue with respect to more than one individual, the same time and place for considering all those cases may be fixed, hearings jointly conducted, a single record of the proceedings made, and evidence introduced with respect to one proceeding considered as introduced in the others, provided no party is prejudiced by these steps.History of Section.G.L. 1938, ch. 284, § 8; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-44-45.
RI Gen L § 28-44-46 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-46 - Decision of appeal tribunal.

§ 28-44-46. Decision of appeal tribunal.After a hearing, an appeal tribunal shall promptly make findings and conclusions and on the basis of those findings and conclusions affirm, modify, or reverse the director's determination. Each party shall promptly be furnished a copy of the decision and supporting findings and conclusions. This decision shall be final unless further review is initiated pursuant to § 28-44-47 within fifteen (15) days after the decision has been mailed to each party's last known address or otherwise delivered to him or her; provided, that the period may be extended for good cause.History of Section.P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-46; P.L. 1970, ch. 98, § 1; P.L. 1997, ch. 34, § 3.
RI Gen L § 28-44-47 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-47 - Appeal to board of review.

§ 28-44-47. Appeal to board of review.Any party in interest, including the director, shall be allowed an appeal to the board of review from the decision of an appeal tribunal. The board of review on its own motion may initiate a review of a decision or determination of an appeal tribunal within fifteen (15) days after the date of the decision. The board of review may affirm, modify, or reverse the findings or conclusions of the appeal tribunal solely on the basis of evidence previously submitted or upon the basis of any additional evidence that it may direct to be taken.History of Section.P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1939, ch. 670, § 7; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-47; P.L. 1970, ch. 98, § 2; P.L. 1998, ch. 311, § 2.
RI Gen L § 28-44-48 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-48 - Removal or transfer of pending appeals.

§ 28-44-48. Removal or transfer of pending appeals.The board of review may remove to itself or transfer to another appeal tribunal any appeal pending before an appeal tribunal. An appeal removed to the board of review before a fair hearing has been completed shall be given a fair hearing by the board of review, as required by § 28-44-44 with respect to proceedings before an appeal tribunal.History of Section.P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1939, ch. 670, § 7; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-44-48.
RI Gen L § 28-44-49 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-49 - Conclusiveness of decisions - Reopening for fraud or coercion.

§ 28-44-49. Conclusiveness of decisions — Reopening for fraud or coercion.(a) All final determinations and decisions shall be conclusive upon all parties in interest including the director.(b) The director, appeal tribunal, or board of review shall reopen a determination or decision or revoke permission for withdrawal of an appeal if:(1) He or she or it finds that a worker or employer has been defrauded or coerced in connection with the determination, decision, or withdrawal of the appeal; and(2) The defrauded or coerced person informs the appropriate officer or body of the fraud or coercion within sixty (60) days after he or she has become aware of the fraud or within sixty (60) days after the coercion has been removed.History of Section.G.L. 1938, ch. 284, § 8; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-49.
RI Gen L § 28-44-50 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-50 - Rule of decision - Certification of questions to board of review.

§ 28-44-50. Rule of decision — Certification of questions to board of review.Final decisions of the board of review and the principles of law declared in their support shall be binding in all subsequent proceedings involving similar questions, unless expressly or impliedly overruled by a later decision of the board of review or of a court of competent jurisdiction. Final decisions of appeal tribunals and the principles of law declared in their support shall be binding on the director and shall be persuasive authority in subsequent appeal tribunal proceedings. If in any subsequent proceedings, the director or an appeal tribunal has serious doubt as to the correctness of any principles previously declared by an appeal tribunal or by the board of review, or if there is an apparent inconsistency or conflict in final decisions or comparable authority, then the findings of fact in that case may be certified, together with the question of law involved, to the board of review. After giving notice and reasonable opportunity for hearing upon the law to all parties to the proceedings, the board of review shall certify to the director or appeal tribunal and the parties in interest its answer to the question submitted, or the board of review, in its discretion, may remove to itself the entire proceeding as provided in § 28-44-48 and render its decision upon the entire case.History of Section.G.L. 1938, ch. 284, § 8; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-50.
RI Gen L § 28-44-50.1 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-50.1 - Limits of board of review legal precedent.

§ 28-44-50.1. Limits of board of review legal precedent.Except as provided in § 28-44-50, the findings of fact, conclusions of law, and determinations of eligibility of the director or the board of review, including decisions reviewed by the district, superior, or supreme courts, shall not be binding upon, or determinative of any issue of fact or law, in any criminal prosecution or civil action or administrative proceeding, other than the proceeding under this chapter in which the said findings, conclusions, or determinations were made. Notwithstanding the foregoing, documents and testimony developed in proceedings before the department, as well as any determinations of eligibility of the director or board of review, shall remain subject to subpoena, discovery, and admission as evidence in other proceedings as determined in those proceedings, including criminal prosecutions, civil actions, and administrative proceedings.History of Section.P.L. 2005, ch. 361, § 1; P.L. 2005, ch. 404, § 1.
RI Gen L § 28-44-51 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-51 - Denial of appeal as decision of board of review.

§ 28-44-51. Denial of appeal as decision of board of review.For the purposes of judicial review, an appeal tribunal's decision from which an application for appeal has been denied by the board of review shall be deemed to be the decision of the board of review, except that the time for initiating judicial review shall run from the date of the mailing or delivery of the notice of the denial of the application for appeal by the board of review.History of Section.P.L. 1936, ch. 2333, § 8; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 8; P.L. 1939, ch. 670, § 7; G.L., ch. 284, § 9; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-44-51.
RI Gen L § 28-44-52 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-52 - Finality of board's decision - Petition for judicial review.

§ 28-44-52. Finality of board's decision — Petition for judicial review.Each party shall be promptly furnished a copy of the decision and the supporting findings and conclusions of the board of review. The decision shall be final unless any party in interest, including the director, initiates judicial review by filing a petition with the clerk of the sixth division of the district court within thirty (30) days as set forth in the Administrative Procedures Act, chapter 35 of title 42. The petition for review shall state the grounds upon which review is sought but need not be verified. Exceptions taken to the rulings of the board of review shall not be necessary to obtain judicial review nor shall a bond be required either as a condition of initiating a proceeding for judicial review of a determination of benefit rights or of entering an appeal from the decision of the court upon that review.History of Section.P.L. 1936, ch. 2333, § 9; G.L. 1938, ch. 284, § 9; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-52; P.L. 1976, ch. 140, § 11; P.L. 2002, ch. 243, § 1.
RI Gen L § 28-44-53 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-53 - Parties to judicial review - Service of petition - Certification of record.

§ 28-44-53. Parties to judicial review — Service of petition — Certification of record.The board of review and all parties to the proceedings before it shall be parties to the review proceedings. If the director is a party respondent, the petition shall be served by leaving with him or her, or any representative whom he or she designates for that purpose, as many copies of the petition as there are respondents. Within ten (10) days after filing of that petition an affidavit of compliance shall be filed with the district court. The director shall file with the court certified copies of the record of the case together with his or her petition for review or his or her answer to the appellant's petition. Upon the filing of a petition for review by the director, or upon service of a petition upon him or her, the director shall send a copy of the petition by registered or certified mail to each party and that mailing shall constitute service upon the parties.History of Section.P.L. 1936, ch. 2333, § 9; G.L. 1938, ch. 284, § 9; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 28-44-53; P.L. 1976, ch. 140, § 11.
RI Gen L § 28-44-54 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-54 - Scope of judicial review - Additional evidence - Precedence of proceedings.

§ 28-44-54. Scope of judicial review — Additional evidence — Precedence of proceedings.The jurisdiction of the reviewing court shall be confined to questions of law, and, in the absence of fraud, the findings of fact by the board of review, if supported by substantial evidence regardless of statutory or common law rules, shall be conclusive. Additional evidence required by the court shall be taken before the board of review, and the board of review, after hearing that additional evidence shall file with the court such additional or modified findings of fact or conclusions as it may make, together with transcripts of the additional record. All proceedings under §§ 28-44-52 and 28-44-53 shall be summarily heard and given precedence over all other civil cases. Appeals involving benefit rights shall be given precedence over all other cases arising under chapters 42 — 44 of this title.History of Section.P.L. 1936, ch. 2333, § 9; G.L. 1938, ch. 284, § 9; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-44-54.
RI Gen L § 28-44-55 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-55 - Appeal to supreme court.

§ 28-44-55. Appeal to supreme court.An appeal may be taken from the decision of the district court to the supreme court of Rhode Island in the same manner as an appeal is taken under § 28-35-29, relating to appeals in cases under the workers' compensation law.History of Section.P.L. 1936, ch. 2333, § 9; G.L. 1938, ch. 284, § 9; P.L. 1949, ch. 2175, § 1; G.L. 1956, § 28-44-55; P.L. 1976, ch. 140, § 11.
RI Gen L § 28-44-56 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-44 - Employment Security - Benefits|Section 28-44-56 - Waiver of rights void - Agreements to pay employer's contributions.

§ 28-44-56. Waiver of rights void — Agreements to pay employer's contributions.No agreement by any individual to waive his or her right to benefits or any other right under chapters 42 — 44 of this title shall be valid. No agreement by any individual in the employ of any person or concern to pay all or any portion of the contributions required under those chapters from employers shall be valid. No employer shall make or require or accept any deduction from wages to finance the contributions required of him or her, or require or accept any waiver by any individual of any right under these chapters. The director shall have the power to take any steps necessary or suitable under those chapters to correct or prosecute any violation.History of Section.P.L. 1936, ch. 2333, § 13; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 13; P.L. 1939, ch. 670, § 10; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-44-56.