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New York Codes Rules Regulations (Last Updated: March 27,2024) |
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TITLE 12. Department of Labor |
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Chapter VII. Division of Unemployment Insurance |
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Subchapter A. Practice and Procedure Before Administrative Law Judges and Appeal Board |
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Part 461. Administrative Law Judge Hearing |
Sec. 461.1. Request for hearing under subdivision 1 of section 620 (claimant case)
Latest version.
- (a) A claimant who is dissatisfied with an initial determination of the commissioner, or any other party affected by the determination, may request a hearing before an administrative law judge, under subdivision 1 of section 620 of the law, within 30 days after the mailing or personal delivery of notice of the initial determination. A request for a hearing shall be timely if it is postmarked within 30 days of the party's receipt of the determination, or if there is other proof of submitting a request such as a fax acknowledgment, a certified mailing receipt, an electronic submission, a stamped receipt by staff of the commissioner, or proof of personal service on the commissioner or the commissioner’s staff by a neutral party. Unless there is proof to the contrary, an initial determination of the commissioner shall be considered to have been mailed on the date stated on the initial determination and received by a party to whom it is addressed no later than five business days after the date on which it is mailed. The request for a hearing shall be filed at the address stated on the initial determination or online according to the instructions given on the department’s website. The request should be in writing and should state the reasons for the request.(b) An affected party other than a claimant, who requests a hearing on an initial determination which has held the claimant eligible to receive benefits, must include a written statement describing the specific events which are the grounds for denying benefits to the claimant. This statement should inform the claimant of the events which will be discussed at the hearing. Prior to the hearing, a copy of this written statement must be sent to the claimant.