2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 706 - Appeals

(a) Referees.— The Secretary shall appoint one or more referees in accordance with § 713(d) of this title, to hear and decide appeals from determinations and redeterminations made pursuant to subsections (d) and (g) of § 705 of this title. In the fulfillment of his functions said referee shall be responsible directly to the Secretary.
(b) Review by referees.— Any party entitled to notice of determination as provided in § 705(e) of this title may file an appeal from the determination to a referee within the time specified in subsections (f) and (g)(6) of § 705 of this title. However, any appeal from a determination by the Director or a referee which involves the provisions of § 704(b)(6) of this title shall be made to the Secretary. The parties to an appeal from a determination shall include all persons entitled to notice of the determination and the Director. Whenever an appeal involves a question as to whether service constitutes insured work, the referee shall give notice of the appeal and the issue involved to the employing unit for which such service was performed; and the employing unit, if not already a party, shall then become a party to the appeal. If an appeal from a determination is pending as of the date a redetermination is issued, the appeal, unless withdrawn, shall be treated as an appeal from such redetermination. Appeals may be withdrawn at the request of the appellant and with the permission of the referee if the record preceding the appeal and the request for the withdrawal support the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.
(c) Hearing procedure and record.— A reasonable opportunity for a fair hearing shall be promptly afforded all parties. The referee shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to the statutory rules of evidence. The referee shall include in the record and consider as evidence all records of the Bureau of Employment Security that are relevant to the issue. The Secretary shall adopt regulations governing the manner of filing appeals and the conduct of hearings and appeals consistent with the provisions of this chapter. A record shall be kept of all testimony and proceedings in an appeal, but testimony need not be transcribed unless further review is initiated. Witnesses subpoenaed pursuant to § 713(i) of this title shall be allowed fees at a rate fixed by the Secretary; and the fees of witnesses subpoenaed at the behest of the Secretary or any claimant shall be deemed part of the expense of administering this chapter. Neither the Secretary nor the Director nor any referee shall participate in any appeal in which he has a direct or indirect interest; Provided, That an alternate shall be appointed by the Governor to act in place of the Secretary in any case in which the Secretary is not able to participate because of such interest, and the decision of such alternate shall be deemed to be the decision of the Secretary.
(d) 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 such cases may be fixed, hearings thereon 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 thereby.
(e) Notice of referee’s decision and time allowed to appeal.— Once a hearing has been held, a referee shall make his findings and conclusions promptly, and on the basis thereof shall affirm, modify or reverse the Director’s determination or redetermination. Each party shall be promptly furnished with a copy of the decision and the supporting findings and conclusions, and this decision shall be final unless further review is initiated pursuant to subsection (f) of this section within fifteen (15) days after the decision has been mailed or otherwise delivered to each party’s last known address; Provided, That such period may be extended for good cause.
(f) Review by Secretary.— As a matter of law, an appeal by any party before the Secretary is considered if the referee’s decision reversed or modified the Director’s determination, or if any matter based on clause (6) or (7) of § 704(b) of this title is presented. In all other cases further appeals shall be permitted only at the Secretary’s discretion. The Secretary may, motu proprio, proceed to the review of a referee’s decision or determination within fifteen (15) days from the date of the decision. The Secretary may affirm, modify or reverse the findings or conclusions of the referee solely on the basis of evidence previously submitted, or on the basis of such evidence that the Secretary may direct to be taken.
The Secretary may delegate the authority to review the referee’s decisions on one or more officials of the Department, who shall be designated as administrative judges. The administrative judge’s decision shall be deemed to be the Secretary’s decision.
(g) Labor disputes; determinations and appeals.— Where a case involving the provision of § 704(b)(6) of this title has been referred to a referee for determination, his determination shall then be appealable, as of right, to the Secretary within the same period as that provided for appealing a determination made by the Director. The Secretary shall afford all parties a fair hearing as required by this section with respect to proceedings before a referee. The determination of the Secretary may be reviewed by the Court of First Instance as provided in § 706(i) of this title.
(h) Remand to the Secretary.— The Secretary may direct the transfer to himself or the remand to another referee of any appeal pending before a referee. The parties to any appeal so remanded before a fair hearing has been completed shall be given a fair hearing as required by this section with respect to proceedings before a referee.
(i) Notice of Secretary’s decision and judicial review.—
(1) Each party, including the Director, shall be promptly furnished a copy of the Secretary’s decision and of the supporting findings and conclusions on which the same is based. Said decision shall be final unless any of the parties initiates its reconsideration or judicial review by filing a petition to such effects before the Secretary or in the Court of First Instance Part of the jurisdiction in which the claimant resides, within thirty (30) days from the date of the copy of the Secretary’s decision is mailed to the claimant to his last known address, or by any other means. Petitions for reconsideration shall be governed, with regard to their terms and other aspects, by the provisions of § 2165 of Title 3, part of the Commonwealth of Puerto Rico Uniform Administrative Procedures Act. For the effects of the judicial review, the referee’s decision from which the Secretary has denied a request for appeal, shall be deemed as a decision of the Secretary, except that the term to commence the judicial review shall begin to count from the mailing or remitting by any other means, of the notice of the Secretary’s denial of the request for appeal. The petition for review shall state the grounds on which it is based, but it shall not have to be sworn. An appeal from the Court of First Instance’s decision may be established before the Supreme Court by any party to the proceedings before said Court of First Instance in the same way that it is provided by the laws of the Commonwealth with regard to appeals from the Court of First Instance. It shall not be necessary to take exception of the decisions of the Secretary or his authorized representative to obtain a judicial review, nor shall a bond have to be given as a condition to initiate a process for the judicial review of a determination of entitlement to benefits, or to file an appeal from the decision of the court after said review.
(2) The Secretary and all parties to the proceedings before him shall be parties to the judicial review proceedings. If the Secretary is a party respondent, the petition shall be served by leaving with him, or any representative whom he designates for that purpose, as many copies of the petition as there are respondents. The Secretary shall file with the court certified copies of the record of the case together with his petition for review or his answer to the appellant’s petition. Upon the filing of the petition for review by the Secretary, or upon service of a petition upon him, the Secretary shall send a copy of the petition by certified mail to each party and such mailing shall constitute service upon the parties.
(3) The jurisdiction of the judicial courts shall be confined to questions of law and, in the absence of fraud, the findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive. Any further evidence required by the court shall be presented before the Secretary or before a referee designated by him; and the Secretary, after such additional evidence has been received, shall file in the court such additional or modified findings of fact or conclusions as may be made, together with the transcript of additional record. All proceedings under this section shall be held summarily and given precedence over all other civil cases.
(j) Conclusiveness of final determinations and decisions.— Except insofar as there is a redetermination under § 705(g) of this title, all final determinations and decisions shall be conclusive upon the employing units notified thereof, as well as on the Secretary and the claimant. No final determination or decision as to benefit rights shall be subject to collateral attack by an employing unit regardless of notice. The Secretary, the Director, or the referee shall reopen a determination or decision or revoke permission for withdrawal of an appeal if:
(1) He 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 has become aware of the fraud or within sixty (60) days after the coercion has been removed.
(k) Rules of decision and certification to the Secretary.— Final decisions of the Secretary 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 Secretary or of a court of competent jurisdiction. Final decisions of a referee and the principles of law declared in their support shall be binding on the Director, and shall further be persuasive authority in subsequent proceedings before referees. If in any subsequent proceeding the Director or a referee has serious doubt as to the lawfulness of any principles previously declared by a referee or the Secretary, or if there is an apparent inconsistency or conflict in final decisions of comparable authority, then the findings of fact and the issues of law involved in such case may be certified to the Secretary. After giving notice and reasonable opportunity for hearing upon the issues of law to all parties to the proceedings, the Secretary shall certify to the Director or the referee and to the parties his answer to the question submitted; or the Secretary may in his discretion remove to himself the entire proceedings as provided in subsection (h) of this section and render his decision upon the entire case.
(l) Limitation of fees.— No claimant shall be charged fees or costs of any kind by the Director, a referee, the Secretary or any judicial court except that a court may assess costs against such claimant if it determines that the proceedings for judicial review have been instituted or continued without reasonable grounds.
(m) Representation of claimant.— Any claimant in any proceeding before a referee, the Secretary, or his duly authorized representative, may be represented by counsel. Said counsel shall not charge or receive any fee for such services greater than that approved by the Secretary.
(n) Counsel fees for claimants on appeals between courts, referees, and the Secretary.— The counsel for a claimant on appeal shall be entitled to payment of fees as well as of costs incurred. Such counsel fees, costs, and any other disbursements shall be paid by the Secretary out of the Employment Security Administration Fund, in each of the following cases:
(1) Any appeal from an administrative or judicial decision which was favorable in whole or in part to the claimant;
(2) any appeal by a claimant from a decision which reverses in whole or in part a decision in his favor, or
(3) any appeal as a result of which the claimant is awarded benefits.
History —June 21, 1956, No. 74, p. 328, § 6; June 30, 1959, No. 104, p. 296, § 3; Dec. 22, 1960, No. 1, p. 1, § 7; June 15, 1972, No. 16, p. 374, § 5; July 9, 1985, No. 95, p. 300, § 3; Aug. 17, 1990, No. 42, p. 170, § 2.