Appeals to labor and industrial relations commission
If someone disagrees with a decision made by an appeals tribunal about unemployment benefits, they can ask the labor and industrial relations commission to look it over — but they have to do it within 30 days. The commission can agree, change, or throw out that decision, and once the commission makes its own decision, people have 10 days before it becomes final. After that, someone can take it to a regular court, but only after they have gone through all the steps with the commission first.
288.200. s to . — 1. Any of the parties (including the ) to any decision of an , may file with the within thirty days following the date of notification or mailing of such decision, an to have such decision ed by the commission. The commission may allow or deny an . If an application is allowed, the commission may , , reverse, or the decision of the appeals tribunal on the basis of the evidence previously submitted in such case or may take additional evidence or may the matter to the appeals tribunal with directions. Any additional shall be conducted in accordance with the requirements of 2 of section 288.190. The commission shall promptly notify the parties of its decision and its reasons therefor. If an application for review is denied, the decision of the appeals tribunal shall be to be the decision of the commission for the purpose of and shall be subject to judicial review within the time and in the manner provided for with respect to decisions of the commission except that the time limitations shall from the date of notice of the of the commission denying the application for review.
2. Any decision of the commission shall become ten days after the date of notification or mailing thereof to the parties. Any right, fact or matter in , directly based upon or necessarily involved in a or which has become final or in a decision on appeal which has become final, shall be with respect to the parties who had notice of such determination, redetermination, or decision for all the purposes of the in any other ; except that, the commission may and by a written decision reconsider any determination or redetermination or decision wherein any such right, fact or matter at issue was determined or necessarily involved when it appears that such is essential to accomplish the object and purposes of the law. Judicial review of any decision of the commission shall be permitted only after the claiming to be thereby has exhausted the as provided by this law and the of the division.
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Source & history notes
(L. 1951 p. 564 § 288.170, A.L. 1984 H.B. 1251 & 1549, A.L. 1992 S.B. 626, A.L. 1996 H.B. 1368)
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