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 463.1 - Notice of appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Generally.
				  In any notice of appeal, the party appealing should state the reasons
				  therefor.
(b) By claimant. A
				  claimant may appeal, pursuant to section 621, subdivision 1 of the law, by
				  filing a notice of appeal at the designated local office, or at any office of
				  the administrative law judge section, or at the office of the appeal board,
				  within 20 days after the mailing or personal delivery of the administrative law
				  judge decision.
(c) By employer in
				  a claimant case. In a claimant case, under section 621, subdivision 1 of the
				  law, the employer may appeal within 20 days after the mailing or personal
				  delivery of the administrative law judge decision, provided the employer
				  appeared at the administrative law judge hearing, by filing a notice of appeal
				  at the designated local office, or at any office of the administrative law
				  judge section, or at the office of the appeal board.
(d) By employer in an employer case. An
				  employer may appeal from an administrative law judge decision on a contested
				  determination, rule or order of the commissioner, pursuant to section 621,
				  subdivision 2 of the law, within 20 days after the mailing or personal delivery
				  of the administrative law judge decision, provided the employer appeared at the
				  administrative law judge hearing, by filing a notice of appeal with the
				  commissioner at the designated office, or at any office of the administrative
				  law judge section, or at the office of the appeal board.
(e) By commissioner. The commissioner may
				  appeal from the administrative law judge decision in any claimant or employer
				  case, pursuant to section 621, subdivisions 1 and 2 of the law, by filing a
				  notice of appeal, in any of the offices designated in subdivisions (b), (c) and
				  (d) of this section, within 20 days of the mailing or personal delivery of such
				  decision, whether or not the commissioner appeared or was represented at the
				  administrative law judge hearing.
(f) Notice of receipt of appeal. The board
				  shall send notice of receipt of appeal to the commissioner, the claimant, the
				  employer and their duly designated representatives. Each notice of receipt of
				  appeal to the board shall include the following statement and the parties shall
				  be granted the following rights:
(1) All
				  communications should cite the above appeal number.
(2) The appeal board usually decides appeals
				  without a new hearing. It relies on evidence taken at the administrative law
				  judge hearing and the written arguments of the parties on appeal. The board
				  will not consider any evidence not introduced at the administrative law judge
				  hearing unless all parties consent or it is made part of the record at a
				  further hearing. In its discretion the board may hold an additional
				  hearing.
(3) Each of the parties
				  may submit, in writing, requests to inspect the minutes of the hearing, or
				  statements, documents or briefs to be considered in connection with this
				  appeal. Two copies of such written requests, statements, documents or briefs
				  must be mailed, within seven days from the date of this notice, addressed to
				  the Unemployment Insurance Appeal Board, One Main Street, 4th Floor, Brooklyn,
				  NY 11201. An attorney-at-law, or representative, must mail a copy of the
				  statement, document or brief to each of the other parties, and their attorneys
				  and representatives, and certify to the board that this has been done. Each
				  party may submit such statement, document or brief only once. Subsequent
				  statements, documents or briefs will be returned to the party.
(4) Upon written request, arrangements may be
				  made to inspect the minutes of the administrative law judge hearing or to
				  borrow the minutes for the purpose of making a copy thereof at the party's
				  expense. The request to make such arrangements must be made within seven days
				  from the date of the notice of receipt of appeal. In such event, the time to
				  submit written statements, documents or briefs shall be 20 days from the date
				  when that party is sent notice that the transcript is available for inspection
				  or copying.
(5) If another party
				  submits statements, documents or briefs on this appeal, you will receive copies
				  and will have 12 days to reply in writing. The 12 days to reply is measured
				  from the date when the copies were mailed to you. A party may submit a reply at
				  only one time. Subsequent replies will be returned to the party.
(6) Any party may make a written request for
				  an extension of the above time limits to submit a statement, document, brief or
				  reply. The request must give the specific reasons why the time limit cannot be
				  met. Extensions will only be granted if the request establishes good cause to
				  excuse the delay. Unless an extension has been granted, any submission mailed
				  after the times specified here shall be returned to the party.
(7) Parties may be represented by lawyers or
				  other persons of their choice on appeal before the appeal board. For
				  representing a claimant, a lawyer or agent registered by the appeal board may
				  charge a fee. Before the claimant pays the representative any fee, the fee must
				  be approved by the appeal board. No other person may charge a fee for
				  representing a claimant. If you do not have enough money to hire a lawyer or
				  registered agent, you may be able to get one free through your local Legal Aid
				  Society or Legal Services Program.
(8) If you have any questions, contact the
				  board at the above address.