52-06-19. Review of decision of appeal tribunal by the bureau.
348 words·~2 min read·
/nd/title-52/chapter-52-06-benefits/52-06-19·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The bureau, on its own motion, and within the time specified in section 52-06-15, may initiate a review of the decision of the appeal tribunal or may allow an appeal from such decision upon an application filed within such time by any party entitled to notice of such decision. An appeal filed by such parties must be allowed as a matter of right if such decision was not unanimous or if the examiner's determination was not affirmed by the appeal tribunal. Upon a review on its own motion, or upon an appeal, the bureau upon the basis of the evidence previously submitted in such case or upon the basis of such additional evidence as it may direct to be taken, may affirm, modify, or reverse the findings and conclusions of the appeal tribunal.
The bureau may remove to itself or transfer to another appeal tribunal the proceedings on any claim pending before an appeal tribunal. Any proceedings removed to the bureau prior to the completion of a fair hearing must be heard by the bureau in the same manner as proceedings before an appeal tribunal. The bureau shall notify promptly the parties to any proceeding before it of its decision, including its findings and conclusions in support thereof. Such decision is final unless within thirty days after the mailing of a notice thereof to the party's last-known address, or in the absence of such mailing, within thirty days after service of such notice, a proceeding for a judicial review is initiated pursuant to section 52-06-27.
Upon a denial by the bureau of an application for appeal from the decision of the appeal tribunal, the decision of the appeal tribunal must be deemed to be a decision of the bureau within the meaning of this section for the purposes of judicial review and is subject to judicial review within the time and in the manner provided with respect to decisions of the bureau, except that the time for initiating such review must run from the date of notice of the order by the bureau denying the application for appeal.