12- 172 C.M.R. ch. 5, § 3

Current through 2024-50, December 11, 2024
Section 172-5-3 - Proceedings before the Commission
A. The commission may remand any claim or any issue involved in a claim to the Division of Administrative Hearings or the Unemployment Compensation Tax Division for the taking of additional evidence as the commission may deem necessary. Such testimony shall be taken by the Division of Administrative Hearings in the manner prescribed for the conduct of hearings on appeals before the Division of Administrative Hearings. Upon the completion of the taking of evidence by the Division of Administrative Hearings pursuant to the direction of the commission, the claim or the issues involved in such claim shall be returned to the commission for its decision thereon.

In addition to what is described above, the commission may, as it deems necessary, in cases where there has been no hearing conducted by the Division of Administrative Hearings or fact-finding conducted by the deputy, remand such claim or issue to the Division of Administrative Hearings for the purpose of holding a hearing or to the deputy for the purpose of conducting a fact-finding interview, as appropriate. In such cases, the Division of Administrative Hearings or the deputy shall render the decision instead of returning the case to the commission for further action.

B. If the decision of the commission is not unanimous, the decision of the majority shall rule.

The minority may file a dissent from such decision. Copies of all decisions and the reasons therefor shall be mailed by the commission to the interested parties or the representative of record.

C. The commission has the authority to create, revise, and issue any and all forms relating to its legally authorized activities.

12- 172 C.M.R. ch. 5, § 3