35A-1-304 - Review authority of the Workforce Appeals Board.
35A-1-304. Review authority of the Workforce Appeals Board.
(1) (a) In accordance with this title and Title 63A, Chapter 46b, AdministrativeProcedures Act, the Workforce Appeals Board may allow an appeal from a decision of anadministrative law judge if a motion for review is filed with the Division of Adjudication withinthe designated time by any party entitled to the notice of the administrative law judge's decision.
(b) An appeal filed by the party shall be allowed as of right if the decision of theadministrative law judge did not affirm the department's prior decision.
(c) If the Workforce Appeals Board denies an application for appeal from the decision ofan administrative law judge, the decision of the administrative law judge is considered a decisionof the Workforce Appeals Board for purposes of judicial review and is subject to judicial reviewif further appeal is initiated under this title.
(2) On appeal, the Workforce Appeals Board may on the basis of the evidence previouslysubmitted in the case, or upon the basis of any additional evidence it requires:
(a) affirm the decision of the administrative law judge;
(b) modify the decision of the administrative law judge; or
(c) reverse the findings, conclusions, and decision of the administrative law judge.
(3) The Workforce Appeals Board shall promptly notify the parties to any proceedingsbefore it of its decision, including its findings and conclusions, and the decision is a final order ofthe department unless within 30 days after the date the decision of the Workforce Appeals Boardis issued, further appeal is initiated under this title.
Amended by Chapter 116, 1998 General Session