2023 New York Laws › LAB - Labor › Article 18 - Unemployment Insurance Law › Title 8 - Hearings and Appeals › 620 - Referees' Hearings.

§  620.  Referees'  hearings.   1. Disputed claims for benefits. (a) A
claimant who is dissatisfied with an initial determination of his or her
claim for benefits or any other  party,  including  any  employer  whose
employer account percentage might be affected by such determination may,
within  thirty  days after the mailing or personal delivery of notice of
such determination, request a hearing.  The referee may extend the  time
fixed  for  requesting  a  hearing,  upon  evidence  that  the  physical
condition or mental incapacity of the claimant  prevented  the  claimant
from  filing  an appeal within thirty days of the initial determination.
Any employer whose employer account percentage might be affected by such
determination, irrespective of whether or not such employer was a  party
to  a hearing brought hereunder, shall have access to all records of any
hearing brought hereunder by any party relating to  such  determination,
provided,  however,  that those records shall be subject to redaction or
shall be  withheld  in  accordance  with  applicable  federal  or  state
statutory    and    regulatory    requirements   governing   information
confidentiality and personal privacy, including,  but  not  limited  to,
article six and article six-A of the public officers law.
(b) When the initial determination of a claim for benefits, upon which
a  hearing  has been requested, involves the question whether any person
is or was an employer within the meaning of this article and is  or  was
liable  for  the  payment  of  contributions  under this article, or the
question whether an employer has fully  complied  with  the  obligations
imposed by this article, written notice of the hearing shall be given to
such  persons  or  employer, either personally or by mail, and thereupon
he, she or such employer shall be deemed  a  party  to  the  proceeding,
entitled  to  be  heard. Upon such notice having been given, the referee
may then decide such question or questions and any other  issue  related
thereto,  and  his  or  her  decision shall not be deemed limited in its
effect to the immediate claimant making the claim for benefits but shall
be deemed a general determination of such questions with respect to  all
those  employed  by such person or employer for all the purposes of this
article, and such decision shall be  conclusive  and  binding  upon  the
claimant  and such person or employer, subject, however, to the right to
appeal hereinafter provided.
2. Contested determinations, rules, or orders. Any employer who claims
to be aggrieved by the commissioner's determination of the amount of the
employer's  contributions  or  by  any  other  rule  or  order  of   the
commissioner  under  any  provision  of  this  article  may apply to the
commissioner for a hearing within thirty days after mailing or  personal
delivery of notice of such determination, rule, or order.
3.  Decisions. Every hearing as herein provided for shall be held by a
referee who shall render his or her decision within five days after  the
hearing   is  concluded.  Written  notice  of  the  referee's  decision,
containing the reasons therefor, shall be promptly given to the claimant
or employer, to the commissioner, and to any party affected thereby  who
appeared  at  the hearing. Publication of a referee's decision or of any
appeal board decision shall be subject to redaction or shall be withheld
in accordance with applicable federal or state statutory and  regulatory
requirements governing information confidentiality and personal privacy,
including,  but  not  limited  to,  article six and article six-A of the
public officers law.
The decision of a referee shall be deemed the decision of  the  appeal
board  from  the date of the filing thereof in the department, unless an
appeal is taken from such decision to the board in accordance  with  the
provisions  of  this article or unless the board on its own motion or on
application duly made to it modify or rescind such decision.
4. Whenever any deaf person is a party to a hearing conducted before a
referee, or a witness thereon,  the  referee  shall  in  all  instances,
appoint  a  qualified  interpreter  who  is  certified  by  a recognized
national or New York state  credentialing  authority  to  interpret  the
proceedings  to  and the testimony of such deaf person. The commissioner
shall determine a reasonable fee for all such interpreting services, the
cost of which shall constitute expenses under this article.