Current through Register Vol. XLI, No. 50, December 13, 2024
Section 84-1-3 - General Appeals3.1. Right of Appeal.-- Any party wishing to appeal a Deputy's decision may do so by filing an appeal with the local office of the Unemployment Compensation Claims Office where the claim was originally filed or where the claimant last reported.3.2. Appeal in Writing.-- An appeal from a Deputy's determination shall be made either in person at the local office using the appropriate appeal forms or by letter mailed or faxed to the local office. All such letters should include the following elements: 3.2.1. Name of the claimant and the employer.3.2.2. Date of the Deputy's decision.3.2.3. Statement of intention to appeal the decision.3.2.4. Signature of the requesting party or counsel.3.3. Time Period For Filing Appeal.-- Any appeal shall be filed within eight (8) calendar days after the decision has been mailed to the claimant and last employer as provided in W. Va. Code § 21A-7-8.3.4. Late Appeals.-- All appeals must be filed in accordance with the time periods set forth in these rules. The postmark date is the filing date. If the last filing day for an appeal falls on a weekend, or a state or federal holiday, postmarking's for the next business day will be accepted. If the postmarked date is not legible or absent, then the Board or its designee may consider other factors to determine if the appeal is timely. For good cause shown, the Board or its designee may accept and process a late appeal. A decision refusing a late appeal may be appealed to the Board.3.5. Notice of Hearing.-- Notice of the date, time, and place of appeal hearing shall be mailed to all interested parties and their counsel at least ten (10) days in advance of the hearing date unless such time period is waived. This notice shall inform the parties of their respective rights and duties in relation to the pending proceeding.3.6. Withdrawal of Appeal.-- If, after filing a notice of appeal, the appealing party decides to withdraw the appeal, the party must do so by filing a written notice of withdrawal to the Board.3.7. Composition of Appeal Tribunal.-- All appeals from the decision of a Deputy shall be heard by an appeal tribunal composed, as the Board or its designee may direct, of either a single Administrative Law Judge, three Administrative Law Judges, a member of the Board, or the Board itself. W. Va. Code § 21A-7-7.3.8. Time Period for Decision.-- A decision shall be issued within twenty-one (21) days after the date the hearing is concluded and shall be mailed to all parties.