Attachment No. 2 to UIPL 1136


DRAFT LEGISLATIVE LANGUAGE FOR STATE USE
IN IMPLEMENTING THE JAVA DECISION -

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Section 5(d)(4). Whenever (A) a determination whether a claimant is disqualified involves the application of section 4(b)(6) or (B) a determination involves multiple claimants and difficult issues of fact or law, the commissioner may refer the case to the board of review for hearing and decision in accordance with section 6.

Section 5(f). Finality of determination.--A determination shall be deemed final unless a party entitled to notice thereof applies for reconsideration of the determination or appeals therefrom within seven days after the notice was mailed to his last known address or otherwise delivered to him: Provided, That such period may be extended for good cause.

Section 5(g)(6). A redetermination shall be deemed final unless a party entitled to notice thereof files an appeal within seven days after the notice was mailed to his last known address, or otherwise delivered to him: Provided, That such period may be extended for good cause.

Section 5(h). Prompt payment of claims.--(l) Notwithstanding any provision in section 5 or section 6, benefits shall be paid promptly in accordance with a determination or redetermination under this section, or the decision of an appeal tribunal, the board of review or a reviewing court under section 6 upon the issuance of such determination, redetermination or decision (regardless of the pendency of the period to apply for reconsideration, file an appeal, or petition for judicial review that is provided with respect thereto in section 5(f), 5(g)(6), 6(e), or 6(i), as the case may be, or the pendency of any such application, filing, or petition), unless and until such determination, redetermination, or decision has been modified or reversed by a subsequent redetermination or decision, in which event benefits shall be paid or denied for weeks of unemployment thereafter in accordance with such modifying or reversing redetermination or decision.

(2) If a determination or redetermination allowing benefits is affirmed in any amount by an appeal tribunal, or by the board of review, or if a decision of an appeal tribunal allowing benefits is affirmed in any amount by the board of review, such benefits shall be paid promptly regardless of any further appeal or the disposition of such appeal and no injunction, supersedeas, stay or other writ or process suspending the payment of such benefits shall be issued by the board or any court; but if such decision is finally modified or reversed to deny benefits, benefits shall not be paid for any weeks of unemployment involved in such modification or reversal that begin after such final decision.

Section 6(e). Notice of decision of appeal tribunal and time for appeal.--After a hearing an appeal tribunal shall make findings and conclusions promptly and on the basis thereof affirm, modify, or reverse the commissioner's determination or redetermination. Each party shall be furnished promptly a copy of the decision and the supporting findings and conclusions; this decision shall be final unless further review is initiated pursuant to section 6(f) within seven days after the decision has been mailed to each party's last known address or otherwise delivered to him: Provided, That such period may be extended for good cause.

Section 6(i). Notice of decision of board of review and judicial review.--(l) Each party including the commissioner shall be furnished promptly a copy of the decision and the supporting findings and conclusions of the board of review. The decision shall be final unless a party initiates judicial review by filing in the       court of          a petition for
review within fifteen days after the board's decision has been mailed to each party's last known address, or otherwise delivered to him. For the purposes of judicial review, an appeal tribunal's decision from which an application for appeal has been denied by the board shall be deemed to be the decision of the board of review, except that the time for initiating judicial review shall run from the date of the mailing or delivery of the notice of the denial of the application for appeal by the board of review, The petition for review shall state the grounds upon which review is sought but need not be verified. Exceptions taken to the rulings of the board of review shall not be necessary to obtain judicial review nor shall a bond be required either as a condition of initiating a proceeding for judicial review of a determination of benefit rights or of entering an appeal from the decision of the court upon such review.