Section 0800-11-03-.01 - PRESENTATION OF AN APPEAL TO THE BOARD OF REVIEW(1) The Administrator of the Division of Employment Security of the Department of Labor and Workforce Development, or such Administrator's designee desiring to appeal to the Board of Review, either from a decision of the Appeals Tribunal or from the deputy, shall file such Administrator's request for such appeal with the Department, and addressed to the Commissioner, giving the Administrator's reasons therefor.(a) If the Commissioner desires to have the case reviewed by the Board of Review, the Commissioner shall notify the Board of Review, indicating the Commissioner's request for appeal.(2) The Board of Review may on its own motion:(a) affirm, modify, or set aside any decision of an Appeals Referee on the basis of the evidence previously submitted in such case, or(b) direct the taking of additional evidence, or(c) permit any of the parties to such decision to initiate further appeals before it.(3) The Board of Review shall permit such further appeals upon written request therefor by any of the parties interested in a decision of an Appeals Referee. The Board of Review shall also admit and give consideration to any briefs, memoranda of law or other written argument submitted therewith.(4) The Board of Review shall acknowledge by mail its receipt of any such written request for appeal by a party interested in a decision of an Appeals Referee. (a) Within seven (7) days of the mailing of the Board of Review's acknowledgment, the party seeking a hearing before the Board shall file a written statement. Such statement must give any new or additional evidence that is not on the record before the Appeals Referee.(5) If the Board of Review is scheduling a hearing, the Board of Review shall mail a written notice of the hearing ten (10) days before the date of the hearing. (a) The Board shall mail the notice to the claimant and to all other parties interested in the decision of the Appeals Tribunal which is being appealed.(b) The Board of Review's written notice of hearing shall specify:1. the time, place, and nature of the hearing,2. the right of the parties to be represented by counsel,3. the legal authority and jurisdiction under which the hearing is to be held, including a reference to the particular sections of the Tennessee Employment Security Law involved, and4. a short and plain statement of the matters asserted.(c)1. The Board of Review will mail the notice of the time and place of hearing to a designated representative when ten or more employees have become separated from their employment simultaneously in one establishment and:(i) have appealed to the Board of Review, or(ii) their appeals have been brought forward by the Board of Review under the provisions of T.C.A. Section 50-7-304.2. In such cases all of the claimants involved must have designated in writing to the Board of Review a particular person to represent them in the prosecution of their claims before the Board of Review.3. Such notice of hearing shall be deemed sufficient notice to every individual so represented.4. All other persons involved shall receive individual notices as provided in 0800-11-03-.01(2) of these rules.(6)(a) Any interested party (other than an employee of the Department of Labor and Workforce Development) desiring to appeal to the Board of Review from a decision of the Appeals Tribunal may file an appeal with the Department of Labor and Workforce Development on the prepared form furnished by the Department for such purpose, setting forth the information required thereby.
1. Such applications may be accompanied by references to or excerpts from the original decision of the Appeals Tribunal, or(b) Any letter or other written memorandum reasonably lodged with the Department of Labor and Workforce Development or mailed directly to the Board of Review by a party clearly indicating such party's desire for a hearing before the Board of Review, shall be deemed sufficient application for an appeal within the meaning of this section.(c) Notices of appeal shall be mailed by the Department of Labor and Workforce Development to all parties interested in the decision of the Appeals Tribunal, including the manager of the Labor and Workforce Development Office where the claim was originally filed. If the claimant files continued claims at a Labor and Workforce Development Office different from the office where the claimant filed the original claim, the notice of appeal will also be mailed to the manager of the office where the claimant files the continued claim.Tenn. Comp. R. & Regs. 0800-11-03-.01
Original rule certified May 17, 1974. Amendment filed May 9, 1979; effective June 25, 1979. Repeal and new rule filed January 22, 1996; effective May 30, 1996. Amendment filed May 22, 2001; effective September 28, 2001. August 15, 2009, the Secretary of State transferred 0560-03-03 to 0800-11-03 per Chapter 520 of Public Acts of 1999 and T.C.A. 4-5-221(a)(1).Authority: T.C.A. §§ 50-7-601, 50-7- 602, and 50-7-603.