Current through Register Vol. XLI, No. 50, December 13, 2024
Section 77-2-10 - Appeal to the Commission10.1. Within thirty (30) days of receipt of the administrative law judge's final decision, any party aggrieved shall file with the executive director of the Commission, and serve upon all parties or their counsel, a notice of appeal, and in its discretion, a petition setting forth such facts showing the appellant to be aggrieved, all matters alleged to have been erroneously decided by the administrative law judge the relief to which the appellant believes she/he is entitled, and any argument in support of the appeal.10.2. The filing of an appeal to the Commission from the administrative law judge shall not operate as a stay of the decision of the administrative law judge unless a stay is specifically requested by the appellant in a separate application for the same and approved by the Commission or its executive director.10.3. The notice and petition of appeal shall be confined to the record.10.4. The appellant shall submit the original and nine (9) copies of the notice of appeal and the accompanying petition, if any.10.5. Within twenty (20) days after receipt of appellant's petition, all other parties to the matter may file such response as is warranted, including pointing out any alleged omissions or inaccuracies of the appellant's statement of the case or errors of law in the appellant's argument. The original and nine (9) copies of the response shall be served upon the executive director.10.6. Within sixty (60) days after the date on which the notice of appeal was filed, the Commission shall render a final order affirming the decision of the administrative law judge, or an order remanding the matter for further proceedings before an administrative law judge, or a final order modifying or setting aside the decision. Absent unusual circumstances duly noted by the Commission, neither the parties nor their counsel may appear before the Commission in support of their position regarding the appeal.10.7. When remanding a matter for further proceedings before an administrative law judge, the Commission shall specify the reason(s) for the remand and the specific issue(s) to be developed and decided by the administrative law judge on remand.10.8. In considering a notice of appeal, the Commission shall limit its review to whether the administrative law judge's decision is:10.8.a. In conformity with the Constitution and laws of the state and the United States;10.8.b. Within the Commission's statutory jurisdiction or authority,10.8.c. Made in accordance with procedures required by law or established by appropriate rules or regulations of the Commission;10.8.d. Supported by substantial evidence on the whole record; or10.8.e. Not arbitrary, capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.10.9. In the event that a notice of appeal from an administrative law judge's final decision is not filed within thirty (30) days of receipt of the same, the Commission shall issue a final order affirming the administrative law judge's final decision; provided, that the Commission, on its own, may modify or set aside the decision insofar as it clearly exceeds the statutory authority or jurisdiction of the Commission. The final order of the Commission shall be served in accordance with Rule 9.5.