Section 620. Referees' hearings  


Latest version.
  • 1. Disputed claims for benefits.  (a) A
      claimant who is dissatisfied with an initial determination of his or her
      claim for benefits or any other  party,  including  any  employer  whose
      employer account percentage might be affected by such determination may,
      within  thirty  days after the mailing or personal delivery of notice of
      such determination, request a hearing. The referee may extend  the  time
      fixed  for  requesting  a  hearing,  upon  evidence  that  the  physical
      condition or mental incapacity of the claimant  prevented  the  claimant
      from  filing  an appeal within thirty days of the initial determination.
      Any employer whose employer account percentage might be affected by such
      determination, irrespective of whether or not such employer was a  party
      to a hearing brought hereunder, shall have free access to all records of
      any   hearing   brought   hereunder   by  any  party  relating  to  such
      determination.
        (b) When the initial determination of a claim for benefits, upon which
      a hearing has been requested, involves the question whether  any  person
      is  or  was an employer within the meaning of this article and is or was
      liable for the payment of  contributions  under  this  article,  or  the
      question  whether  an  employer  has fully complied with the obligations
      imposed by this article, written notice of the hearing shall be given to
      such persons or employer, either personally or by mail, and thereupon he
      shall be deemed a party to the proceeding, entitled to  be  heard.  Upon
      such notice having been given, the referee may then decide such question
      or questions and any other issue related thereto, and his decision shall
      not be deemed limited in its effect to the immediate claimant making the
      claim  for  benefits but shall be deemed a general determination of such
      questions with respect to all those employed by such person or  employer
      for  all  the  purposes  of  this  article,  and  such decision shall be
      conclusive and binding upon him,  subject,  however,  to  the  right  to
      appeal hereinafter provided.
        2. Contested determinations, rules, or orders. Any employer who claims
      to be aggrieved by the commissioner's determination of the amount of its
      contributions  or  by  any other rule or order of the commissioner under
      any provision of this article  may  apply  to  the  commissioner  for  a
      hearing  within thirty days after mailing or personal delivery of notice
      of such determination, rule, or order.
        3. Decisions. Every hearing as herein provided for shall be held by  a
      referee who shall render his decision within five days after the hearing
      is  concluded.  Written notice of the referee's decision, containing the
      reasons therefor, shall be promptly given to the claimant  or  employer,
      to  the  commissioner, and to any party affected thereby who appeared at
      the hearing.
        The decision of a referee shall be deemed the decision of  the  appeal
      board  from  the date of the filing thereof in the department, unless an
      appeal is taken from such decision to the board in accordance  with  the
      provisions  of  this article or unless the board on its own motion or on
      application duly made to it modify or rescind such decision.
        4. Whenever any deaf person is a party to a hearing conducted before a
      referee, or a witness thereon,  the  referee  shall  in  all  instances,
      appoint  a  qualified  interpreter  who  is  certified  by  a recognized
      national or New York state  credentialing  authority  to  interpret  the
      proceedings  to  and the testimony of such deaf person. The commissioner
      shall determine a reasonable fee for all such interpreting services, the
      cost of which shall constitute expenses under this article.