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11-10-528. Claims — Administrative appeal — Rule of decision.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-528. Claims — Administrative appeal — Rule of decision.
(a) The final decisions of the Board of Review or of an appeal tribunal, and the principles of law declared by it in arriving at the decisions, unless expressly or impliedly overruled by a later decision of the board or by a court of competent jurisdiction, shall be binding upon the Director of the Division of Workforce Services and any examiner or appeal tribunal in subsequent proceedings which involve similar questions of law.
(b)(1) However, if in connection with any subsequent proceeding, the director, an examiner, or appeal tribunal has serious doubt as to the correctness of any principle so declared, then they may certify their findings of fact in the case, together with the question of law involved, to the board.
(2) After giving notice and reasonable opportunity for hearing upon the law to all parties to the proceedings, the board shall certify to the director, the examiner, or appeal tribunal and the parties its answer to the question submitted.
(c) If the question thus certified to the board arises in connection with a claim for benefits, the board in its discretion may remove to itself the entire proceedings on the claim. After proceeding in accordance with the requirements of §§ 11-10-523 — 11-10-530 with respect to proceedings before an appeal tribunal, the board shall render its decision upon the entire claim.
(d) Any decision made under this section after removal of the proceeding upon a claim to the board shall have the effect of a decision under § 11-10-525 and shall be subject to judicial review within the same time and to the same extent.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-528
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:11-10-528
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4e3b13fa4536842db421b8124f9d94d00c33d3f1e50cf37fb744bd357c101d83
Source location: content.xml paragraph 12630
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11-10-528. Claims — Administrative appeal — Rule of decision.
(a) The final decisions of the Board of Review or of an appeal tribunal, and the principles of law declared by it in arriving at the decisions, unless expressly or impliedly overruled by a later decision of the board or by a court of competent jurisdiction, shall be binding upon the Director of the Division of Workforce Services and any examiner or appeal tribunal in subsequent proceedings which involve similar questions of law.
(b)(1) However, if in connection with any subsequent proceeding, the director, an examiner, or appeal tribunal has serious doubt as to the correctness of any principle so declared, then they may certify their findings of fact in the case, together with the question of law involved, to the board.
(2) After giving notice and reasonable opportunity for hearing upon the law to all parties to the proceedings, the board shall certify to the director, the examiner, or appeal tribunal and the parties its answer to the question submitted.
(c) If the question thus certified to the board arises in connection with a claim for benefits, the board in its discretion may remove to itself the entire proceedings on the claim. After proceeding in accordance with the requirements of §§ 11-10-523 — 11-10-530 with respect to proceedings before an appeal tribunal, the board shall render its decision upon the entire claim.
(d) Any decision made under this section after removal of the proceeding upon a claim to the board shall have the effect of a decision under § 11-10-525 and shall be subject to judicial review within the same time and to the same extent.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-523. Board of Review created — Administrative appeal — Claims.
(a)(1) There is created a Board of Review which shall consist of three (3) members.
(2) The members of the board shall be appointed by the Governor for a term of office of four (4) years or until their successors are appointed and qualified. The four-year terms are to run concurrently with the term of the office of the Governor.
(3) A member of the board may be removed by the Governor for cause after hearing.
(4) Vacancies shall be filled by appointment by the Governor for the unexpired term.
(b)(1) The Governor shall designate as Chair of the Board of Review the member selected to represent the public at large.
(2) The chair shall be paid a full-time salary and devote all of his or her time to his or her duties herein prescribed.
(3) The chair shall have a four-year term beginning with the year 2003 appointment.
(c)(1)(A) The other two (2) members of the board are to serve when requested to serve by the chair of the board at his or her own discretion.
(B) If any interested party requests in writing a review by the full board, then the chair shall direct board members to attend and review the matters as requested by the petitioner.
(2) The members of the board other than the chair may receive expense reimbursement and stipends to be paid from the Employment Security Administration Fund in accordance with § 25-16-901 et seq.
(d) The chair shall appoint some competent person as an examiner and reporter for the board. That person shall have authority under the direction of the chair of the board to:
(1) Hold hearings on appeals and take testimony and submit it to the chair with recommendations, which question shall be determined by the chair. The person, when holding hearings under
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-523
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 11-10-523. This identifies an authority to review, not proof of applicability.
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. The source passage cites 11-10-525. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-530. Claims — Administrative appeal — Representation.
(a) The Director of the Division of Workforce Services shall be a party entitled to notice in any proceeding involving a claim for benefits before a special examiner, an appeal tribunal, or the Board of Review.
(b) In any proceeding for judicial review pursuant to § 11-10-529, the director may be represented by any qualified attorney employed by the director and designated by him or her for that purpose, or at the director's request by the Attorney General.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-530
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 11-10-530. This identifies an authority to review, not proof of applicability.