§ 28-41-25 - Rule of decision – Certification of questions to board.
SECTION 28-41-25
§ 28-41-25 Rule of decision –Certification of questions to board. – Final decisions of the board of review and the principles of law declared intheir support shall be binding in all subsequent proceedings involving similarquestions, unless expressly or impliedly overruled by a later decision of theboard or of a court of competent jurisdiction. Final decisions of appealtribunals and the principles of law declared in their support shall be bindingon the director and shall further be persuasive authority in subsequent appealtribunal proceedings. If in any subsequent proceedings, the director or anappeal tribunal has serious doubt as to the correctness of any principlespreviously declared by an appeal tribunal or by the board, or if there is anapparent inconsistency or conflict in final decisions of comparable authority,then the findings of fact in that case may be certified, together with thequestion of law involved, to the board. After giving notice and reasonableopportunity for a hearing upon the law to all parties to the proceedings, theboard shall certify to the director or appeal tribunal and the parties ininterest, its answer to the question submitted, or the board, in itsdiscretion, may remove to itself the entire proceeding as provided in §28-41-23 and render its decision upon the entire case.