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 463.2 - Conduct of appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The board
				  shall not be bound by common law or statutory rules of evidence or by technical
				  or formal rules of procedure but may conduct the appeal and any hearing thereon
				  in such order and manner and with such methods of proof and interrogation as it
				  deems best suited to ascertain the substantial rights of the parties.
(b) The board may decide any case appealed to
				  it on the basis of the record and of evidence previously submitted in such case
				  or, in its discretion, may hear argument or hold a further hearing. No member
				  of the board shall participate in a hearing or decision of any appeal in which
				  the member has an interest. Challenges as to the interest of any member shall
				  be decided by the other members of the board.
(c) In the interest of the speedy
				  administration of justice and without prejudice to the substantial rights of
				  any party and for good cause shown and in the discretion of the board, any
				  issue in a case or any other issue related thereto may be heard and decided
				  though not specifically indicated in the notice of appeal or notice of hearing.
				  However, the board must set forth on the record its reason for such action. The
				  board must inform the parties of its intention to consider a new basis for
				  denying or granting benefits, or to consider an issue not specifically
				  indicated in the notice of hearing. The board must inform the parties of their
				  rights in this regard and must accord them an opportunity to request an
				  adjournment to adequately prepare for such new basis or issue.
(d) The board may sever an appeal or may
				  consolidate two or more appeals where the interests of justice will be served
				  and where there will be no prejudice to the substantial rights of any
				  party.
(e) The board shall transmit
				  copies of papers submitted to it by parties in connection with appeals to the
				  other parties, where it appears to the board that such papers have not already
				  been served on the other parties. Any such party may respond thereto in writing
				  within 12 days. Extensions of this time limit are subject to the provisions of
				  section
				  463.1 
				  of this Part. Copies of any response received will also be provided to opposing
				  parties by the board, where it appears to the board that the papers have not
				  been served on the other parties. Evidence supplemental to that introduced at
				  the board or administrative law judge hearing shall not be considered or relied
				  upon by the board except upon the consent of all parties to the
				  appeal.
(f) At any stage of an
				  appeal the board may remand the case for such purpose as it may direct to an
				  administrative law judge designated by the chief administrative law judge. Such
				  a remanded case shall be placed promptly upon the administrative law judge's
				  calendar for hearing.
(g)
				  Information from the department records and the appeal file shall be made
				  available by the commissioner and by the board to parties on the appeal or
				  their representatives for the necessary preparation or presentation of the
				  appeal.
(h) In the interest of
				  justice and without prejudice to the substantial rights of any party, and upon
				  good cause shown, the board, on its own motion or on application duly made to
				  it, in its discretion, may excuse a default of a party at any stage of a case
				  or appeal. A party who shows good cause for the default shall be entitled to
				  consideration of the case or appeal as if no default had occurred.