Section 815.15 - Parties with Appeal Rights(a) This section defines the circumstances under which a party has appeal rights. For the purposes of appeals under this chapter, the term "party of interest" shall be used to denote a party with appeal rights.(b) A claimant may file an appeal from an action of the Agency and/or the Commission that affects the claimant's right to benefits subject to this chapter and the Act.(c) An employer may file an appeal from a determination that affects a claimant's entitlement to benefits if the employer is a party of interest to the determination. The paragraphs of this subsection are situations in which the Agency shall treat an employer as a party of interest in a specific proceeding. Only one employer shall be a party of interest to a proceeding. (1) An employer named as the last work on an initial claim is a party of interest to a determination(s) ruling on the merits of the claimant's separation and other specific issues raised by the employer regarding the claimant's entitlement to benefits, if the employer filed a timely response to notice of the claimant's initial claim.(2) An employer named as the last work on an additional or continued claim is a party of interest to a determination(s) ruling on the merits of that additional or continued claim separation, if the employer filed a timely response to notice of the claimant's additional or continued claim and: (A) was the employer named as the last work on the claimant's initial claim and the employer filed a timely response to notice of the claimant's initial claim; or(B) is a base period employer whose account has been ruled subject to chargeback.(3) A reimbursing employer named as the last work on an additional or continued claim is a party of interest to a determination(s) ruling on the merits of that additional or continued claim separation, if the employer filed a timely response to notice of the claimant's additional or continued claim and: (A) was the employer named as the last work on the claimant's initial claim and the employer filed a timely response to notice of the claimant's initial claim; or(B) is a base period employer.(4) If an employer, during a claimant's benefits year, provides the Agency with information that raises specific issues including, but not limited to, a potential disqualification, ineligibility, or allegations of fraud, each of which affects that claimant's entitlement to benefits, then the employer shall be a party of interest to a determination ruling on the merits of the specific issue raised by the employer as follows: (A) the employer is named as the last work on the claimant's initial claim and the employer filed a timely response to notice of the claimant's initial claim;(B) the employer is a base period taxed employer whose account has been ruled subject to chargeback (even if that employer was named as the last work on the claimant's initial claim and did not timely respond to notice of the claimant's initial claim); or(C) the employer is a base period reimbursing employer.(5) An employer against whom a claimant has alleged entitlement to additional base period wages shall be a party of interest to that issue.(6) If an employer has requested a waiver under § 815.28(a)(1)(E)(v) of this subchapter and the Agency Executive Director denies the waiver, the employer shall be a party of interest to any benefits appeal where ineligibility results from that denial.40 Tex. Admin. Code § 815.15
The provisions of this §815.15 adopted to be effective November 6, 2000, 25 TexReg 11093; amended to be effective August 15, 2004, 29 TexReg 7738