35A-4-508 - Review of decision or determination by division -- Administrative law judge -- Division of adjudication -- Workforce Appeals Board -- Judicial review by Court of Appeals -- Exclusive proce
35A-4-508. Review of decision or determination by division -- Administrative lawjudge -- Division of adjudication -- Workforce Appeals Board -- Judicial review by Courtof Appeals -- Exclusive procedure.
(1) (a) A review of a decision or determination involving contribution liability orapplications for refund of contributions shall be made by the division in accordance with theprovisions of this chapter.
(b) The division in conducting the review may in its discretion:
(i) refer the matter to an administrative law judge;
(ii) decide the application for review on the basis of any facts and information as may beobtained; or
(iii) hear argument or hold an informal hearing to secure further facts.
(c) After the review, notice of the decision shall be given to the employing unit.
(d) The decision made pursuant to the review is the final decision of the division unless,within 10 days after the date of notification or mailing of the decision, a further appeal is initiatedunder the provisions of this section.
(2) (a) Within 10 days after the mailing or personal delivery of a notice of adetermination or decision rendered following a review under Subsection (1), an employing unitmay appeal to the Division of Adjudication by filing a notice of appeal.
(b) The administrative law judge shall give notice of the pendency of the appeal to thedivision and any parties entitled to notice as provided by department rule. The administrativelaw judge shall receive into the record of the appeal any documents or other records provided bythe division, and may obtain or request any additional documents or records held by the divisionor any of the parties that the administrative law judge considers relevant to a properdetermination of the appeal.
(c) After affording the parties reasonable opportunity for a fair hearing, theadministrative law judge shall make findings and conclusions and on that basis affirm, modify, orreverse the determination of the division.
(d) The parties and the division shall be promptly notified of the administrative lawjudge's decision and furnished a copy of the decision and findings.
(e) The decision of the administrative law judge is considered to be a final order of thedepartment unless within 30 days after the date the decision of the administrative law judge isissued further appeal is initiated under this section and Chapter 1, Part 3, AdjudicativeProceedings.
(3) (a) The director of the Division of Adjudication shall assign an impartial, salariedadministrative law judge selected in accordance with Subsection 35A-4-502(4)(a) to hear anddecide referrals or appeals relating to claims for benefits or to make decisions affectingemploying units under this chapter.
(b) All records on appeals shall be maintained in the offices of the Division ofAdjudication. The records shall include an appeal docket showing the receipt and disposition ofthe appeals on review.
(4) The Workforce Appeals Board may review and decide an appeal from a decision ofan administrative law judge issued under this chapter.
(5) (a) The manner in which disputed matters are presented, the reports required from theclaimant and employing units, and the conduct of hearings and appeals shall be in accordancewith rules prescribed by the department for determining the rights of the parties, whether or not
the rules conform to common-law or statutory rules of evidence and other technical rules ofprocedure.
(b) When the same or substantially similar evidence is relevant and material to thematters in issue in more than one proceeding, the same time and place for considering eachmatter may be fixed, hearings jointly conducted, a single record of the proceedings made, andevidence introduced with respect to one proceeding considered as introduced in the others, if inthe judgment of the administrative law judge having jurisdiction of the proceedings, theconsolidation would not be prejudicial to any party.
(6) (a) Except for reconsideration of any determination under Subsection 35A-4-406(2),any right, fact, or matter in issue, directly passed upon or necessarily involved in a determinationor redetermination that has become final, or in a decision on appeal under this section that hasbecome final, is conclusive for all the purposes of this chapter as between the division, theclaimant, and all employing units that had notice of the determination, redetermination, ordecision. Subject to appeal proceedings and judicial review as provided in this section, anydetermination, redetermination, or decision as to rights to benefits is conclusive for all thepurposes of this chapter and is not subject to collateral attack by any employing unit, irrespectiveof notice.
(b) Any findings of fact or law, judgment, conclusion, or final order made by anunemployment insurance hearing officer, administrative law judge, or any person with theauthority to make findings of fact or law in any action or proceeding before the unemploymentinsurance appeals tribunal, is not conclusive or binding in any separate or subsequent action orproceeding, between an individual and the individual's present or prior employer, brought beforean arbitrator, court, or judge of this state or the United States, regardless of whether the prioraction was between the same or related parties or involved the same facts.
(7) (a) Any decision in the absence of an appeal as provided becomes final upon issuanceand judicial review may be permitted only after any party claiming to be aggrieved has exhaustedthe party's remedies before the department as provided by this chapter.
(b) The division is a party to any judicial action involving any decisions and shall berepresented in the judicial action by any qualified attorney employed by the department anddesignated by it for that purpose or at the division's request by the attorney general.
(8) (a) Within 30 days after the decision of the Workforce Appeals Board is issued, anyaggrieved party may secure judicial review by commencing an action in the court of appealsagainst the Workforce Appeals Board for the review of its decision, in which action any otherparty to the proceeding before the Workforce Appeals Board shall be made a defendant.
(b) In that action a petition, that shall state the grounds upon which a review is sought,shall be served upon the Workforce Appeals Board or upon that person the Workforce AppealsBoard designates. This service is considered completed service on all parties but there shall beleft with the party served as many copies of the petition as there are defendants and theWorkforce Appeals Board shall mail one copy to each defendant.
(c) With its answer, the Workforce Appeals Board shall certify and file with the court alldocuments and papers and a transcript of all testimony taken in the matter together with itsfindings of fact and decision, in accordance with the requirements of the Utah Rules of AppellateProcedure.
(d) The Workforce Appeals Board may certify to the court questions of law involved inany decision by the board.
(e) In any judicial proceeding under this section, the findings of the Workforce AppealsBoard as to the facts, if supported by evidence, are conclusive and the jurisdiction of the court isconfined to questions of law.
(f) It is not necessary in any judicial proceeding under this section to enter exceptions tothe rulings of the division, an administrative law judge, Workforce Appeals Board and no bond isrequired for entering the appeal.
(g) Upon final determination of the judicial proceeding, the division shall enter an orderin accordance with the determination. In no event may a petition for judicial review act as asupersedeas.
(9) The procedure provided for hearings and decisions with respect to any decision ordetermination of the division affecting claimants or employing units under this chapter is the soleand exclusive procedure notwithstanding any other provision of this title.
Amended by Chapter 13, 1998 General Session