New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 463 - Appeal To Appeal Board › Section 463.6 - Reopening

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On its own
				  motion or on application duly made to it, the board, in its discretion, may
				  reopen a decision.
(b) On its own
				  motion or on application duly made to it, the board, pursuant to section 534 of
				  the law, may modify or rescind its order, decision or determination. If an
				  application for such reopening is not received by the board or postmarked
				  within 30 days after such order, decision or determination, the application
				  must contain an explanation for the delay. If good cause for the delay has not
				  been established by the explanation, the board may, without further notice to
				  the parties, deny the application by an order which shall shall be sent to all
				  parties. If an application is not denied by an order of the board for this
				  reason, notice of reopening or notice or receipt of the application to reopen
				  shall be sent to all parties and their duly designated representatives. The
				  notice shall advise the parties of their basic rights while the reopening is
				  pending. The parties shall have the same rights as those set forth in sections
				  463.1
				  and
				  463.2  of this
				  Part with regard to an appeal. The board may, in its discretion, schedule a
				  hearing for argument or to receive further evidence. The board may adhere to,
				  modify or rescind its prior decision or may deny the application to
				  reopen.
(c) On its own motion or on
				  application duly made to it, the board, pursuant to subdivision 3 of section
				  620 of the law, may modify or rescind an administrative law judge decision,
				  where no appeal was duly taken. If an application for such a reopening is not
				  received by the board or postmarked within 25 days after the administrative law
				  judge decision, the application must contain an explanation for the delay. If
				  good cause for the delay has not been established by the explanation, the board
				  may hold a hearing, upon due notice to all parties, regarding the timeliness of
				  the request for the board to reconsider the administrative law judge decision.
				  The board may, without further notice to the parties, dismiss the appeal or
				  deny the application by an order which shall be sent to all parties. If an
				  application is not thus dismissed or denied, notice of reopening or notice of
				  receipt of the application to reopen shall be sent to all parties and their
				  duly designated representatives. The notice shall advise the parties of their
				  basic rights while the reopening is pending. The parties shall have the same
				  rights as those set forth in sections
				  463.1
				  and
				  463.2  of this
				  Part with regard to an appeal. The board may, in its discretion, schedule a
				  hearing for argument or to receive further evidence. The board may affirm,
				  modify or reverse the administrative law judge decision or may deny the
				  application to reopen.
(d) Whenever
				  the board reopens a decision pursuant to this section, it shall state the
				  reasons therefor in its decision.