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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. 461.2. Application for hearing by employer under subdivision 2 of section 620 (employer case)
Latest version.
- Any employer who claims to be harmed by any determination, rule or order of the commissioner under any provision of the law may request a hearing before an administrative law judge, under subdivision 2 of section 620 of the law, within 30 days after the mailing or personal delivery of notice of the determination, rule or order. 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 the commissioner or the commissioner’s staff, 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 determination, rule or order 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 determination or online according to the instructions given on the Department of Labor’s website. The request should be in writing and should state the reasons for the request.