§ 1348. Procedure
(a)(1) An authorized representative of the Commissioner shall review each claim for benefits
as provided in this chapter and shall, after review of the claim, promptly award any
benefits that are determined to be payable under the provisions of this chapter. Prompt
notice in writing of the determination of the representative and reasons for it shall
be given to the claimant, the claimant’s last employer, all other interested parties,
and the Commissioner.
(2) Any interested party may, within 30 days after notice of the determination, file an
appeal from the determination with an appeals referee employed by the Commissioner.
The appeal shall, be heard within 30 days after it is filed at a place as convenient
to the parties as, in the judgment of the referee, is practical. Notice of the hearing
shall be provided to the claimant, the claimant’s last employer, and all other interested
parties. After the hearing, the determination shall be sustained, modified, or set
aside by the referee as may be warranted. Prompt notice in writing of the decision
of the referee and the reasons for it shall be given to the claimant, the claimant’s
last employer, and all other interested parties.
(b) The authorized representative of the Commissioner may, for good cause, at any time
within one year after date of the original determination, reconsider an award of benefits
or the denial of a claim for benefits, and may issue a redetermination that may award,
terminate, continue, increase, or decrease the benefits. The redetermination shall
not affect any benefits paid before the date of the determination under authority
of the prior determination in the absence of nondisclosure or misrepresentation of
a material fact. Prompt notice in writing of the redetermination and the reasons for
it shall be given to the claimant, the claimant’s last employer, and all other interested
parties. All parties shall have the same right to appeal and the same procedure shall
be followed as provided for in case of appeal from the original determination. (Amended 1959, No. 117; 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1965, No. 66, eff. May 19, 1965; 1989, No. 8, § 7; 2023, No. 85 (Adj. Sess.), § 198, eff. July 1, 2024.)