Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 3 - Unemployment Insurance Appeals › Rule 486-3.1 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Lower authority's decisions to
			 employment appeal board.
A copy of each administrative law judge's
			 decision, pertinent to unemployment insurance matters, shall be submitted to
			 the employment appeal board on the date the decision is issued.
(2)
Form and time of appeal.
A party aggrieved by a decision of an administrative law judge may appeal to
			 the employment appeal board within 15 days from the date of the decision. The
			 appeal shall state the grounds for the appeal. If sent by mail or courier, the
			 appeal shall be addressed to Employment Appeal Board, 6200 Park Avenue, Suite
			 100, Des Moines, Iowa 50321. The appeal may also be filed in any office
			 maintained by the workforce development department which processes claims for
			 unemployment insurance. Appeals may also be filed by facsimile transmission
			 (fax). If the appeal is filed by fax, the original copy shall be mailed to the
			 employment appeal board at the above address. The date of the appeal is the
			 date of the fax transmission. Appeals may also be filed online by completing
			 and submitting an online appeal form available on the Iowa workforce
			 development website.
(3)
Procedure when an appeal is filed.
Upon receipt of notice of
			 appeal, the entire record before the administrative law judge shall be
			 forwarded to the employment appeal board. One copy of the testimony and
			 evidence received by the administrative law judge shall be mailed to the
			 parties or their designated representative. That mailing shall be identified by
			 a transmittal of testimony and shall provide instructions for the filing of
			 written briefs.
(4)
Additional parties.
Whenever it appears that other parties
			 should be joined in order to dispose of all issues, the employment appeal board
			 shall so order and notify the parties of further procedures to be
			 followed.
(5)
Consolidation
			 of proceedings.
Any number of cases before the employment appeal board
			 may be consolidated for hearing, argument, consideration and decision when the
			 facts and circumstances are the same or similar and no substantial right of any
			 party will be prejudiced.
(6)
Issues on appeal.
The employment appeal board may consider any
			 issue raised by the action pertaining to the eligibility of an individual for
			 unemployment insurance benefits. If new issues appear, different from those
			 which are noticed in the appeal, the board may remand such issues to an
			 administrative law judge for appropriate action, or in the interest of prompt
			 administration of justice and without prejudicing the substantive rights of any
			 party, may hear and decide any issue material to the appeal, even if not
			 specifically indicated as a ground for appeal or not noticed for the
			 administrative hearing.
(7)
New or additional evidence.
a. An application to present new or
			 additional evidence shall be in writing and shall be filed within ten days
			 after the date of mailing notice to the parties that an appeal has been
			 filed.
b. The application to
			 present new or additional evidence shall state the nature of the evidence, the
			 materiality of such evidence, and the reasons why such evidence was not
			 introduced at the hearing before the administrative law judge. No such evidence
			 shall be considered by the board unless the board has ordered it
			 admitted.
c. Whenever the board, on
			 its own motion, or upon the application of a party, orders the taking of new or
			 additional evidence, the board may schedule a hearing or remand the matter to
			 an administrative law judge. The issues at such hearing shall be limited to
			 those issues designated by the appeal board. The parties shall be notified ten
			 days before the date of the hearing, specifying the place and time of the
			 hearing.
d. Whenever the board
			 holds the hearing, the parties may introduce such evidence as may be pertinent
			 to the issues on which the board has directed the taking of evidence. All
			 parties shall have the right to examine and cross-examine other parties and
			 witnesses.
e. If only documentary
			 evidence is to be admitted, a copy of the evidence shall be mailed by the board
			 to each of the parties, and the parties shall be granted ten days to submit
			 written arguments on that evidence. The party which has not submitted the new
			 evidence may submit rebuttal evidence to the new evidence.