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11-10-525. Claims — Administrative appeal — Review by Board of Review.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-525. Claims — Administrative appeal — Review by Board of Review.
(a) An appeal filed by any party shall be allowed as of right if the determination was not affirmed by the appeal tribunal.
(b) The Board of Review, on its own motion and within the time specified in § 11-10-524, may initiate a review of the decision of an appeal tribunal or determination of a special examiner or may allow an appeal from the decision on application filed within the time by any party entitled to notice of the decision.
(c)(1) Upon review on its own motion or upon appeal and on the basis of evidence previously submitted in the case, or upon the basis of any additional evidence as it may direct be taken, the board may affirm, modify, reverse, dismiss, or remand the case.
(2) In cases where the board directs that additional evidence be taken in an appeal involving an intrastate claim, an in-person hearing shall be granted if requested by any interested party.
(d) The board shall promptly notify the parties to any proceeding before it of its decision, including its findings and conclusions in support of the decision.
(e) The decision shall be final unless within thirty (30) calendar days after the mailing of notice thereof to the parties' last known address or in the absence of the mailing, within thirty (30) calendar days after the delivery of the notice, a proceeding for judicial review is initiated pursuant to § 11-10-529.
(f) However, upon denial by the board of an application for appeal from the decision of an appeal tribunal, the decision of the appeal tribunal shall be deemed to be a decision of the board within the meaning of this section for purposes of judicial review and shall be subject to judicial review within the time and in the manner provided for with respec
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-525
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:11-10-525
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f8ad962e7e01e18951ed1a36f10879aae79c71bed0bb583214c62b36df6a44f8
Source location: content.xml paragraph 12526
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11-10-525. Claims — Administrative appeal — Review by Board of Review.
(a) An appeal filed by any party shall be allowed as of right if the determination was not affirmed by the appeal tribunal.
(b) The Board of Review, on its own motion and within the time specified in § 11-10-524, may initiate a review of the decision of an appeal tribunal or determination of a special examiner or may allow an appeal from the decision on application filed within the time by any party entitled to notice of the decision.
(c)(1) Upon review on its own motion or upon appeal and on the basis of evidence previously submitted in the case, or upon the basis of any additional evidence as it may direct be taken, the board may affirm, modify, reverse, dismiss, or remand the case.
(2) In cases where the board directs that additional evidence be taken in an appeal involving an intrastate claim, an in-person hearing shall be granted if requested by any interested party.
(d) The board shall promptly notify the parties to any proceeding before it of its decision, including its findings and conclusions in support of the decision.
(e) The decision shall be final unless within thirty (30) calendar days after the mailing of notice thereof to the parties' last known address or in the absence of the mailing, within thirty (30) calendar days after the delivery of the notice, a proceeding for judicial review is initiated pursuant to § 11-10-529.
(f) However, upon denial by the board of an application for appeal from the decision of an appeal tribunal, the decision of the appeal tribunal shall be deemed to be a decision of the board within the meaning of this section for purposes of judicial review and shall be subject to judicial review within the time and in the manner provided for with respect to decisions of the board, except that the time for initiating the review shall run from the date of notice of the order of the board denying the application for appeal.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-524. Claims — Administrative appeal — Filing and hearing.
(a)(1) The claimant, the Director of the Division of Workforce Services, or any other party entitled to notice may appeal a determination made by the agency by filing a written notice of appeal with the appeal tribunal or at any office of the Division of Workforce Services within twenty (20) calendar days after the date of mailing the notice to his or her last known address, or if the notice is not mailed, within twenty (20) calendar days after the date of delivery of the notice. If mailed, an appeal shall be considered to have been filed as of the date of the postmark on the envelope.
(2) However, if it is determined by the appeal tribunal or the Board of Review that the appeal is not perfected within the twenty-calendar-day period as a result of circumstances beyond the appellant's control, the appeal may be considered as having been filed timely.
(b)(1) Unless the appeal is withdrawn with its permission or is removed to the board, the appeal tribunal, after affording the parties a reasonable opportunity for a fair hearing, and on the basis of the record, shall affirm, modify, reverse, dismiss, or remand the determination.
(2) However, whenever an appeal involves a question as to whether services were performed by a claimant in employment or for an employing unit, the appeal tribunal shall give special notice of the issue and of the pendency of the appeal to the employing unit and to the director, both of whom shall be parties to the proceedings and be afforded a reasonable opportunity to present evidence bearing on the question in issue.
(3) The appeal tribunal shall grant upon request from any interested party in an intrastate claim an in-person hearing.
(c)(1) The parties shall be promptly
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-524
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-10-524. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-529. Claims — Decision of Board of Review — Judicial review.
(a)(1)(A) Any party entitled to a decision of the Board of Review shall have thirty (30) calendar days from the date the decision is mailed to his or her last known address in which to request a judicial review by filing in the Court of Appeals a petition for review of the decision, and in the proceedings any other party to the proceeding before the board shall be made a party respondent.
(B)(i) If mailed, a petition for review shall be considered filed as of the date of the postmark on the envelope.
(ii) In the event of a nonexistent or illegible postmark, the Clerk of the Court of Appeals shall notify the appellant by mail.
(iii) The appellant shall then have ten (10) calendar days from the posted mailing date of the clerk's notification letter to provide the court proof of timely mailing of the request for judicial review by producing a delivery confirmation or a certified mail return receipt document bearing evidence of the accurate post date.
(2)(A) The petition for review need not be verified but shall state the grounds upon which the review is sought.
(B) The Director of the Division of Workforce Services is made a party to the proceedings.
(C) The petition shall be served upon the director by leaving with him or her, or such representative as he or she may designate for that purpose, as many copies of the petition as there are respondents.
(b)(1)(A) With his or her answer or petition, the director shall file with the court a certified copy of the record of the case, including all documents and papers and a transcript of all testimony taken in the matter, together with the board's findings, conclusions, and decision.
(B) The record shall be certified by the Chair of the Board of
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-529
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-10-529. This identifies an authority to review, not proof of applicability.