Current through Register Vol. XLI, No. 50, December 13, 2024
Section 84-1-6 - Appeal From Appeal Tribunal's Decision6.1. Right to Appeal.-- Any party wishing to appeal an appeal tribunal's decision may do so by filing a written notice of appeal with the Board or with the local office of the Unemployment Compensation Claims Office where the claim was originally filed or where the claimant last reported.6.2. Appeal in writing.-- An appeal under this section shall be made either in person or by letter mailed to the Unemployment Compensation Claims Office or to the Board office. All such letters should include the following elements: 6.2.1. Name of the claimant, the employer, and case number.6.2.2. Date of the decision.6.2.3. Statement of intention to appeal the appeal tribunal=s decision.6.2.4. Signature of the appealing party or counsel.6.3. 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-7-9.6.4. Late Appeals.-- All appeals must be filed in accordance with the time periods set forth in these rules. For computation purposes, the postmark date is considered the filing date. If the last filing day for an appeal falls on a weekend, state or federal holiday, postmarking on the next business day will be accepted. For good cause shown, the Board or its designee may accept and process a late appeal.6.5. Review by the Board on its Own Motion.-- Within eight days following a decision by an appeal tribunal, and in the absence of an appeal by a party, the Board may, on its own motion, order a hearing before the Board on the claim or any issue involved therein.6.6. Transcription.-- Once an appeal has been duly filed with the Board, a transcript of the appeal tribunal proceeding shall be prepared and mailed to all interested parties and their representatives.6.7. Notice of Hearing.-- Notice of the date, time, and place of appeal hearing shall be sent to all interested parties and their counsel at least eight (8) days in advance of the hearing date.6.8. Request for a Remand De Novo - Motion for a Remand De Novo may be presented to the Board of Review for good cause shown or when a party misses the Administrative Law Judge hearing for good cause shown. The party asking for new Administrative Law Judge hearing must show good cause for the Board of Review to grant the new Administrative Law Judge hearing.6.9. Remand Motions for Additional Evidence.-- Motions for a Remand to present additional evidence will not be granted upon appeal to the Board except for good cause shown. To establish good cause, a party must demonstrate that the evidence was not available prior to the appeal tribunal hearing or that he or she did not know, nor reasonably could have known, of the evidence in question at that time, and that the proffered evidence could impact the outcome of the Tribunal's decision. Any party having good cause to offer additional evidence should forward a written request to the Board for an opportunity to present such evidence. A copy of such request must be served on all parties.6.10 Remand by the Board on its Own Motion. - For good cause shown, the Board on its own motion may order a Remand De Novo or a Remand to present additional evidence. 6.11. Argumentation.-- The Board may limit the parties to oral argument, or the filing of written argument, or both.6.12. Withdrawal of Appeals.-- 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.6.13. Quorum.-- All appeals from the decision of an appeal tribunal shall be heard by at least two Board members.6.14. Notice of Decision.-- Upon consideration of all evidence, the Board shall issue a decision within ten (10) days of the conclusion of the hearing and mail a copy to all parties.