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Session Laws, 1986
Volume 768, Page 1617   View pdf image
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HARRY HUGHES, Governor                                    1617

(e) The claimant or any [other party] EMPLOYER entitled to
notice of a determination OR REDETERMINATION as herein provided,
may file an appeal from such determination OR REDETERMINATION
with the Board of Appeals within 15 days after the date of
mailing of the notice to his last known address or if such notice
is not mailed, within 15 days after the date of delivery of such

notice,

Unless the appeal is withdrawn or is removed to the Board of
Appeals, a hearing examiner designated by the Board of Appeals,
after affording the parties reasonable opportunity for a fair
hearing, shall make findings and conclusions and on the basis
thereof affirm, modify, or reverse such determination; provided,
however, that whenever an appeal involves a question as to
whether services were performed by claimant in employment or for
an employer, the hearing examiner shall give special notice of
such issue and of the pendency of the appeal to the [employing
unit and to the Executive Director] EMPLOYER AND TO THE
SECRETARY, both of whom shall thenceforth be parties to the
proceeding and be afforded a reasonable opportunity to adduce
evidence bearing on such question.

The parties shall be promptly notified of the hearing
examiner's decision and shall be furnished with a copy of the
decision and the findings and conclusions in support thereof and
such decision shall be final unless, within 15 days after the
date of mailing of notice thereof to the party's last known
address, or in the absence of such mailing, within 15 days after
the delivery of such notice, further review is initiated pursuant
to subsection (f) of this section.

17.

(d) [When any person has received any sum for benefits for
which he is found by the Executive Director to have been
ineligible, the amount thereof may be recovered from benefits
payable to him or which may be payable to him in the future, or
in the manner provided in § 15(f) of this article for the
collection of past-due contributions. Such sums may be recouped
by either of these methods provided that whenever the Executive
Director decides that any sum received by the claimant shall be
recouped, either because he has received or has been
retroactively awarded wages, was not unemployed as that term is
defined in this article, or was disqualified or otherwise
ineligible for such benefits, he shall promptly notify the
claimant of his decision and the reasons therefor. The decision
and the notice shall state the amount to be recovered, the weeks
with respect to which such sum was received by or paid to the
claimant, and the provision of the law under which it is found
that the claimant was ineligible. The Executive Director may
reconsider his decision at any time within one year after the
date when it was made. Such decision or reconsidered decision
may be appealed within the time limits and under the procedure
prescribed in § 7 of this article for appeal from a
determination, but on appeal the issue shall be limited to

 

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Session Laws, 1986
Volume 768, Page 1617   View pdf image
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