Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter B - BENEFITS, CLAIMS, AND APPEALS › Section 815.15 - Parties with Appeal Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  section defines the circumstances under which a party has appeal rights. For
				  the purposes of appeals under this chapter, the term "party of interest" shall
				  be used to denote a party with appeal rights.
(b) A claimant may file an appeal from an
				  action of the Agency and/or the Commission that affects the claimant's right to
				  benefits subject to this chapter and the Act.
(c) An employer may file an appeal from a
				  determination that affects a claimant's entitlement to benefits if the employer
				  is a party of interest to the determination. The paragraphs of this subsection
				  are situations in which the Agency shall treat an employer as a party of
				  interest in a specific proceeding. Only one employer shall be a party of
				  interest to a proceeding.
(1) An employer
				  named as the last work on an initial claim is a party of interest to a
				  determination(s) ruling on the merits of the claimant's separation and other
				  specific issues raised by the employer regarding the claimant's entitlement to
				  benefits, if the employer filed a timely response to notice of the claimant's
				  initial claim.
(2) An employer
				  named as the last work on an additional or continued claim is a party of
				  interest to a determination(s) ruling on the merits of that additional or
				  continued claim separation, if the employer filed a timely response to notice
				  of the claimant's additional or continued claim and:
(A) was the employer named as the last work
				  on the claimant's initial claim and the employer filed a timely response to
				  notice of the claimant's initial claim; or
(B) is a base period employer whose account
				  has been ruled subject to chargeback.
(3) A reimbursing employer named as the last
				  work on an additional or continued claim is a party of interest to a
				  determination(s) ruling on the merits of that additional or continued claim
				  separation, if the employer filed a timely response to notice of the claimant's
				  additional or continued claim and:
(A) was
				  the employer named as the last work on the claimant's initial claim and the
				  employer filed a timely response to notice of the claimant's initial claim;
				  or
(B) is a base period
				  employer.
(4) If an
				  employer, during a claimant's benefits year, provides the Agency with
				  information that raises specific issues including, but not limited to, a
				  potential disqualification, ineligibility, or allegations of fraud, each of
				  which affects that claimant's entitlement to benefits, then the employer shall
				  be a party of interest to a determination ruling on the merits of the specific
				  issue raised by the employer as follows:
(A)
				  the employer is named as the last work on the claimant's initial claim and the
				  employer filed a timely response to notice of the claimant's initial
				  claim;
(B) the employer is a base
				  period taxed employer whose account has been ruled subject to chargeback (even
				  if that employer was named as the last work on the claimant's initial claim and
				  did not timely respond to notice of the claimant's initial claim); or
(C) the employer is a base period reimbursing
				  employer.
(5) An
				  employer against whom a claimant has alleged entitlement to additional base
				  period wages shall be a party of interest to that issue.
(6) If an employer has requested a waiver
				  under §
											815.28(a)(1)(E)(v)
				  of this subchapter and the Agency Executive Director denies the waiver, the
				  employer shall be a party of interest to any benefits appeal where
				  ineligibility results from that denial.