Ala. Admin. Code r. 480-1-4-.08

Current through Register Vol. 43, No. 1, October 31, 2024

Section 480-1-4-.08 - Identification Of Interested Parties

(1) In all cases coming before a Hearing Officer the Department of Industrial Relations shall be considered an interested party.

(2) In cases involving the circumstances of an individual's separation from employment, the interested parties shall be the claimant, the Department of Industrial Relations and the claimant's last employing unit.

(3) When the appeal involves an offer of work or a recall to work, the interested parties shall be the claimant, the Department of Industrial Relations and the employer making the offer or recall. In cases where the claimant was referred by the Alabama State Employment Service, the local Alabama State Employment Service employee making the referral shall be a witness at the hearing, if available.

(4) Where the case involves the determination of an overpayment established pursuant to Code of Ala. 1975, § 25-4-91(e) and § 25-4-145(a)(4) the interested parties shall be the claimant and the Unemployment Compensation Agency.

(5) Where the contested case involves a determination made pursuant to Code of Ala. 1975, § 25-4-145(a)(3) which imposes a penalty resulting from alleged false statements or misrepresentations made by the claimant, the interested parties shall be the claimant and the Unemployment Compensation Agency.

(6) In all other cases, the Hearing Officer shall determine the identity of the interested parties and shall not proceed in the absence of proper notice as required by these rules.

Author: George Cocoris, C. Lamon Till.

Statutory Authority: Code of Ala. 1975 § 25-2-8.

History: Effective September 30, 1982.

Ala. Admin. Code r. 480-1-4-.08