Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article III - Appeals to the Board › Section 31-237g-47 - Review and decision by the Board

Current through July 10, 2024
(a) If the Board
				determines that a hearing is necessary upon any appeal before the Board, such a
				hearing shall be scheduled and proceedings conducted in accordance with the
				provisions of Sections
				31-237g-52
				-31-237g-60 of these regulations prior to the review and consideration of the
				appeal in accordance with subsection (b) through (d) of this section provided
				in any case before the Board, the Board may delegate to a Referee or other
				qualified employee of the appeals division the taking or hearing of evidence in
				accordance with the applicable provisions of these regulations.
(b) Any appeal, motion or request to the
				Board may be reviewed and considered by any member of the Board, provided the
				decision on each appeal, motion, or request to the Board shall, unless
				otherwise specified in these regulations, issue by a majority vote of the Board
				except that the full Board shall decide each appeal wherein a request for
				decision by the full Board was timely filed, or by statute, the full Board is
				required to decide such appeal. In any case before the Board, the Board or any
				of its members may have the assistance and advice of any Referee, legal intern,
				staff member, Staff Assistant, or any other person duly authorized by the
				Chairman except that no such person shall provide advice in any matter before
				the Board in which that person previously participated at the Referee
				level.
(c) Except as provided in
				Section
				31-237g-41
				and
				31-237g-42
				of these regulations, each appeal to the Board shall be reviewed in accordance
				with this section without undue delay following the expiration of time
				specifically allowed, pursuant to these regulations, for the exercise of rights
				concerning such appeal. Except as provided in subsection (d) below, each appeal
				shall be reviewed on the basis of the records in the appeal file including, but
				not limited to (1) the records obtained from the Administrator; (2) all appeals
				and accompanying materials filed with the Appeals Division; (3) all timely
				filed written arguments concerning such appeals; (4) all documents and exhibits
				admitted into evidence at a hearing before the Appeals Division. The Board's
				review, consideration and decision of an appeal need not, however, be limited
				to the issues or claims raised by the parties to such appeal.
(d) The tape or transcript of any hearing
				before the Referee on an appeal before the Board may be reviewed prior to the
				issuance of the Board's decision on such appeal, provided such tape or
				transcript of the Referee's hearing shall be reviewed prior to the issuance of
				the Board's decision on any appeal in which the appealing party alleges that a
				material question exists concerning the Referee's findings of fact or the
				procedural conduct of the hearing held before the Referee. In addition, if a
				hearing was held by a referee at the direction of the Board, the hearing record
				of such hearing and the record of any preceding hearing held by the Appeals
				Division on such appeal shall be reviewed prior to the issuance of the Board
				decision.