Section 23.20.415. Review by appeal tribunal.

   (a) A party entitled to notice of determination provided in AS 23.20.340 may file an appeal from the determination to an appeal tribunal within the time specified in that section. However, an appeal from a determination which involves AS 23.20.383 shall be made to the department.  The parties to an appeal from a determination shall include all those entitled to notice of the determination and a properly designated representative of the department.
   (b) If an appeal involves a question whether service constitutes employment, the tribunal shall give notice of the appeal and the issues involved to a properly designated representative of the department and to the employing unit for which the service was performed.  The employing unit, if not already a party, shall then become a party to the appeal.
   (c) If an appeal from a determination is pending on the date a redetermination is issued, the appeal unless withdrawn shall be treated as an appeal from the redetermination.  Appeals may be withdrawn at the request of the appellant and with the permission of the appeal tribunal if the record preceding the appeal and the request for the withdrawal support the correctness of the determination, and indicate that no coercion or fraud is involved in the withdrawal.
   (d) In addition to the issues raised by the determination which is appealed, the tribunal may hear and decide additional issues affecting the claimant's rights to benefits if, by the date of hearing, the department has issued no final determination concerning the additional issues and the parties involved have been notified of the hearing and of the pendency of the additional issues.

Authorities

23.20.387

Notes

Implemented As

8 AAC 85.150
8 AAC 85.151
8 AAC 85.153
8 AAC 85.156
8 AAC 85.157

References

AS 23.20.387 Disqualification for misrepresentation.

History

(Sec. 802 ch 5 ESLA 1955; am Sec. 65 ch 9 SLA 1980)