N.Y. Labor Law § 620: Referees' hearings

§ 620. Referees' hearings. 1. Disputed claims for benefits. (a) A

claimant who is dissatisfied with an initial determination of his or her

claim for benefits or any other party, including any employer whose

employer account percentage might be affected by such determination may,

within thirty days after the mailing or personal delivery of notice of

such determination, request a hearing. The referee may extend the time

fixed for requesting a hearing, upon evidence that the physical

condition or mental incapacity of the claimant prevented the claimant

from filing an appeal within thirty days of the initial determination.

Any employer whose employer account percentage might be affected by such

determination, irrespective of whether or not such employer was a party

to a hearing brought hereunder, shall have access to all records of any

hearing brought hereunder by any party relating to such determination,

provided, however, that those records shall be subject to redaction or

shall be withheld in accordance with applicable federal or state

statutory and regulatory requirements governing information

confidentiality and personal privacy, including, but not limited to,

article six and article six-A of the public officers law.

(b) When the initial determination of a claim for benefits, upon which

a hearing has been requested, involves the question whether any person

is or was an employer within the meaning of this article and is or was

liable for the payment of contributions under this article, or the

question whether an employer has fully complied with the obligations

imposed by this article, written notice of the hearing shall be given to

such persons or employer, either personally or by mail, and thereupon

he, she or such employer shall be deemed a party to the proceeding,

entitled to be heard. Upon such notice having been given, the referee

may then decide such question or questions and any other issue related

thereto, and his or her decision shall not be deemed limited in its

effect to the immediate claimant making the claim for benefits but shall

be deemed a general determination of such questions with respect to all

those employed by such person or employer for all the purposes of this

article, and such decision shall be conclusive and binding upon the

claimant and such person or employer, subject, however, to the right to

appeal hereinafter provided.

2. Contested determinations, rules, or orders. Any employer who claims

to be aggrieved by the commissioner's determination of the amount of the

employer's contributions or by any other rule or order of the

commissioner under any provision of this article may apply to the

commissioner for a hearing within thirty days after mailing or personal

delivery of notice of such determination, rule, or order.

3. Decisions. Every hearing as herein provided for shall be held by a

referee who shall render his or her decision within five days after the

hearing is concluded. Written notice of the referee's decision,

containing the reasons therefor, shall be promptly given to the claimant

or employer, to the commissioner, and to any party affected thereby who

appeared at the hearing. Publication of a referee's decision or of any

appeal board decision shall be subject to redaction or shall be withheld

in accordance with applicable federal or state statutory and regulatory

requirements governing information confidentiality and personal privacy,

including, but not limited to, article six and article six-A of the

public officers law.

The decision of a referee shall be deemed the decision of the appeal

board from the date of the filing thereof in the department, unless an

appeal is taken from such decision to the board in accordance with the

provisions of this article or unless the board on its own motion or on

application duly made to it modify or rescind such decision.

4. Whenever any deaf person is a party to a hearing conducted before a

referee, or a witness thereon, the referee shall in all instances,

appoint a qualified interpreter who is certified by a recognized

national or New York state credentialing authority to interpret the

proceedings to and the testimony of such deaf person. The commissioner

shall determine a reasonable fee for all such interpreting services, the

cost of which shall constitute expenses under this article.