CHAPTER 212. DISPUTE RESOLUTION
LABOR CODE
TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT
SUBTITLE A. TEXAS UNEMPLOYMENT COMPENSATION ACT
CHAPTER 212. DISPUTE RESOLUTION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 212.001. PROCEDURES. The manner in which disputed claims
are presented, the reports on disputed claims required from
claimants, employers, or other persons, and the conduct of
hearings and appeals must be in accordance with rules adopted by
the commission for determining the rights of parties to disputed
claims.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.002. RECORD. (a) A complete record shall be kept of
proceedings in connection with a disputed claim.
(b) Testimony at any hearing on a disputed claim shall be
recorded.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.003. WITNESS FEES. (a) A witness subpoenaed under
this chapter is entitled to a fee at a rate set by the
commission.
(b) The witness fee is an expense of administering this
subtitle.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.004. PAYMENT OF BENEFITS PENDING APPEAL. (a) Except
as otherwise provided by this section, benefits shall be paid in
accordance with a final determination.
(b) Benefits shall be paid promptly in accordance with:
(1) a determination or redetermination of an examiner;
(2) a decision of an appeal tribunal;
(3) a decision of the commission; or
(4) a decision of a reviewing court.
(c) Subsection (b) applies without regard to:
(1) any provision of this subtitle under which benefits may be
paid or denied; or
(2) the pendency of:
(A) a period to:
(i) apply for reconsideration;
(ii) file an appeal; or
(iii) petition for judicial review;
(B) an application for reconsideration;
(C) an appeal; or
(D) a petition for judicial review.
(d) Benefits paid under a determination, redetermination, or
decision continue until the determination, redetermination, or
decision is modified or reversed by a subsequent redetermination
or decision, and shall be paid or denied in accordance with the
modifying or reversing redetermination or decision.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.005. CHARGEBACK ON REVERSAL OF DETERMINATION OR
DECISION ALLOWING BENEFITS PROHIBITED. A chargeback may not be
made to an employer's account because of payments having been
made under a determination or decision to the claimant for any
benefit period with regard to which the claimant is finally
denied benefits by a modification or reversal of the
determination or decision.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.006. RECOVERY OF BENEFITS PAID. (a) Benefits paid to
a claimant that are not in accordance with the final decision
shall be:
(1) refunded by the claimant to the commission; or
(2) in the discretion of the commission, deducted from future
benefits payable to the claimant under this subtitle.
(b) Benefits paid that are not in accordance with the final
decision are also collectible in the manner provided by Sections
213.031, 213.032, 213.033, 213.035, and 213.051 for the
collection of past due contributions.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.37, eff. Sept. 1,
1995.
SUBCHAPTER B. EXAMINERS
Sec. 212.051. DETERMINATION BY EXAMINER ON NOTIFICATION. (a)
If the person for which a claimant last worked files a
notification with the commission as provided by Section 208.004,
an examiner shall determine:
(1) whether the claimant is disqualified from receiving benefits
under Sections 207.044-207.053;
(2) the resolution of any other issue affecting the claimant's
right to receive benefits that arises under any other provision
of this subtitle; and
(3) whether, if benefits are to be paid to the claimant, a
chargeback is to be made to the person's account.
(b) The examiner shall mail a copy of the determination to the
claimant and:
(1) the person for which the claimant last worked;
(2) the branch or division for which the claimant last worked;
or
(3) the address for mail service designated by a governmental
employer.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.052. DETERMINATION BY EXAMINER ON EXAMINER'S OWN
MOTION. (a) If a notification as provided by Section 208.004
from the person for which a claimant last worked is not filed,
and information on the claim or other information secured raises
an issue affecting the claimant's right to benefits under this
subtitle, an examiner shall determine whether the claimant is to
receive benefits.
(b) The examiner shall mail a copy of the determination to the
claimant at the claimant's last known address.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.053. DETERMINATION FINAL; APPEAL. An examiner's
determination is final for all purposes unless:
(1) the claimant or the person or branch for which the claimant
last worked and to whom the copy of the determination is mailed
files an appeal from the determination not later than the 14th
calendar day after the date on which the copy of the
determination is mailed to the last known address of the
claimant, person, or branch as shown by commission records;
(2) an examiner files an appeal from the determination within
the period specified in Subdivision (1); or
(3) an examiner makes a redetermination as provided by Section
212.054.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.054. REDETERMINATION BY EXAMINER. (a) Except as
otherwise provided by this subsection, if an examiner discovers
an error in connection with a determination or discovers
additional information not previously available, the examiner,
within the period specified in Section 212.053(1), may reconsider
and redetermine the determination. An examiner may issue a
redetermination to correct a clerical or machine error at any
time during a claimant's benefit year.
(b) An examiner's redetermination replaces the original
determination and becomes final unless the claimant or the person
for which the claimant last worked files an appeal from the
redetermination not later than the 14th calendar day after the
date on which a copy of the redetermination is mailed to the
claimant's or person's last known address as shown by commission
records.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1997, 75th Leg., ch. 94, Sec. 5, eff. Sept. 1,
1997.
SUBCHAPTER C. APPEAL TRIBUNALS
Sec. 212.101. ESTABLISHMENT OF APPEAL TRIBUNALS. (a) The
commission shall establish one or more impartial appeal tribunals
to hear and decide disputed claims if the establishment of those
appeal tribunals is necessary to ensure prompt disposal of cases
on appeal.
(b) An appeal tribunal is composed of a salaried examiner.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.102. ACTION BY APPEAL TRIBUNAL. Unless the appeal is
withdrawn, an appeal tribunal shall affirm or modify the
determination of the examiner after giving the parties reasonable
opportunity for fair hearing.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.103. NOTICE OF APPEAL TRIBUNAL ACTION. The parties to
an appeal shall be notified of the appeal tribunal's decision and
the reasons for the decision.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.104. DECISION CONSIDERED FINAL COMMISSION DECISION.
The decision of an appeal tribunal is the final decision of the
commission unless further appeal is initiated as provided by
Section 212.151 not later than the 14th day after the date the
decision is mailed.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.105. REMOVAL OR TRANSFER OF CLAIM PENDING BEFORE APPEAL
TRIBUNAL. (a) The commission may remove to itself or transfer
to another appeal tribunal the proceedings on a claim pending
before an appeal tribunal.
(b) A quorum of the commission shall hear a proceeding removed
to the commission under Subsection (a).
(c) The commission promptly shall mail to the parties before it
a copy of its findings and decision.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.106. RULES REGARDING HEARINGS CONDUCTED BY TELEPHONE
CONFERENCE. The commission by rule shall develop procedures to
ensure that an appeal tribunal makes every effort in a hearing
conducted by telephone conference under this subchapter to obtain
all relevant facts and evidence from the parties to the appeal.
Added by Acts 2003, 78th Leg., ch. 817, Sec. 7A.02, eff. Sept. 1,
2003.
SUBCHAPTER D. COMMISSION REVIEW
Sec. 212.151. REVIEW OF APPEAL TRIBUNAL DECISION. The
commission may:
(1) on its own motion:
(A) affirm, modify, or set aside any decision of an appeal
tribunal on the basis of the evidence previously submitted in the
case; or
(B) direct the taking of additional evidence; or
(2) permit any of the parties to the decision to initiate a
further appeal before the commission.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.152. NOTICE OF COMMISSION ACTION. The commission
promptly shall mail to the parties before it a copy of its
findings and decision.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.153. FINALITY OF COMMISSION DECISION. A decision of
the commission becomes final 14 days after the date the decision
is mailed unless before that date:
(1) the commission by order reopens the appeal; or
(2) a party to the appeal files a written motion for rehearing.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
SUBCHAPTER E. JUDICIAL REVIEW OF COMMISSION DECISION
Sec. 212.201. COMMENCEMENT OF JUDICIAL REVIEW; DEFENDANTS. (a)
A party aggrieved by a final decision of the commission may
obtain judicial review of the decision by bringing an action in a
court of competent jurisdiction for review of the decision
against the commission on or after the date on which the decision
is final, and not later than the 14th day after that date.
(b) Each other party to the proceeding before the commission
must be made a defendant in an action under this subchapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.202. STANDARD OF JUDICIAL REVIEW; EXCEPTIONS NOT
NECESSARY. (a) Judicial review under this subchapter is by
trial de novo based on the substantial evidence rule.
(b) It is not necessary in a judicial proceeding under this
subchapter to enter exceptions to the rulings of the commission.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 2003, 78th Leg., ch. 1208, Sec. 1, eff. June 20,
2003.
Sec. 212.203. EXHAUSTION OF REMEDIES. (a) A party claiming to
be aggrieved by a final decision of the commission may not obtain
judicial review of the decision unless the party has exhausted
the party's remedies before the commission as provided by this
subtitle.
(b) The exhaustion of those remedies does not include a motion
for rehearing.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.204. FILING OF ACTION. An action under this subchapter
must be filed:
(1) in the county of the claimant's residence; or
(2) if the claimant is not a resident of this state, in:
(A) Travis County;
(B) the county in this state in which the claimant's last
employer has its principal place of business; or
(C) the county of the claimant's last residence in this state.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.205. PETITION; SUPERSEDEAS. (a) A petition in an
action under this subchapter must state the grounds on which
review is sought.
(b) A petition for judicial review does not act as a
supersedeas.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.206. COMMISSION CONSIDERED PARTY TO JUDICIAL REVIEW;
NOTICE OF PETITION. (a) The commission is considered a party to
any judicial action involving a final decision of the commission.
(b) A petition to bring an action under this subchapter must be
served on:
(1) a member of the commission; or
(2) a person designated by the commission.
(c) As many copies of the petition as there are defendants must
be left with the party served under Subsection (b). The
commission immediately shall mail one copy of the petition to
each defendant.
(d) Service in compliance with this section constitutes
completed service on all defendants.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.207. REPRESENTATION OF COMMISSION. The commission may
be represented in any judicial action involving a final decision
of the commission by any qualified attorney who:
(1) is a regular salaried employee of the commission; and
(2) has been appointed for that purpose by the attorney general.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.208. PRECEDENCE OVER OTHER CIVIL ACTIONS. An action
under this subchapter shall be given precedence over all other
civil cases except cases arising under the workers' compensation
laws of this state.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 212.210. APPEAL BOND NOT REQUIRED. An appeal bond is not
required in an appeal from a decision of a trial court in an
action under this subchapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.