Sec. 403. Preliminary review of claims
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/bill/118/s/5168/is/section-403·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 7 days after transmission to the employing unit of a claim pursuant to section 402(b), the Judicial Integrity Officer shall appoint a Preliminary Hearing Officer to conduct a preliminary review of the claim. The Judicial Integrity Officer shall appoint a Preliminary Hearing Officer under this subsection in the same manner and in accordance with the same requirements and procedures applicable to the appointment of a Merits Hearing Officer under section 405(c). In conducting a preliminary review of a claim under this section, the Preliminary Hearing Officer shall assess each of the following:
Whether the claimant is a covered employee authorized to obtain relief relating to the claim under this title. Whether the entity which is the subject of the claim is an employing unit under this Act. Whether the individual filing the claim has met the applicable deadlines for filing the claim under this title. The identification of factual and legal issues involved with respect to the claim. The specific relief sought by the individual. Whether, on the basis of the assessments made under paragraphs
(1)through (5), the individual filing the claim is a covered employee who has stated a claim for which, if the allegations contained in the claim are true, relief may be granted under this title. The potential for the settlement of the claim without a hearing as provided under section 405 or a civil action as provided under section 408. Not later than 30 days after a claim is filed under section 402, the Preliminary Hearing Officer shall submit to the individual filing the claim and the unit which is the subject of the claim a report on the preliminary review conducted under this section, and shall include in the report the hearing officer’s determination as to whether the individual is a covered employee who has stated a claim for which relief may be granted under this title (as described in paragraph
(6)of subsection (b)). The submission of the report shall conclude the preliminary review. The Preliminary Hearing Officer may (upon notice to the individual filing the claim and the employing unit which is the subject of the claim) use an additional period of not to exceed 30 days to conclude the preliminary review. If the Preliminary Hearing Officer’s report on the preliminary review of a claim under subsection
(c)includes the determination that the individual filing the claim is not a covered employee or has not stated a claim for which relief may be granted under this title— the individual may not obtain a hearing with respect to the claim as provided under section 405; and the Preliminary Hearing Officer shall provide the individual and the Judicial Integrity Officer with a written notice that the individual may file a civil action with respect to the claim in accordance with sections 401(b) and 408.