52-06-22. Rule of decision.
256 words·~1 min read·
/nd/title-52/chapter-52-06-benefits/52-06-22·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The final decisions of the bureau or of an appeal tribunal and the principles of law declared by it in arriving at such decisions, unless expressly or impliedly overruled by a later decision of the bureau or by a court of competent jurisdiction, are binding upon the bureau and any appeal tribunal in subsequent proceedings which involve similar questions of law. In any subsequent proceeding, if the job insurance division or any appeal tribunal has serious doubt as to the correctness of any principle so declared, the division or appeal tribunal may certify its findings of fact in the case, together with the question of law involved, to the bureau, which after giving notice and reasonable opportunity for hearing upon the law to all parties to such proceeding thereupon shall certify to the division, or to the appeal tribunal, and the parties, its answer to the questions submitted.
If the question thus certified to the bureau arises in connection with a claim for benefits, the bureau in its discretion may remove to itself the entire proceedings on such claim, and after proceeding in accordance with the requirements of the North Dakota unemployment compensation law with respect to proceedings before an appeal tribunal, shall render its decision upon the entire claim. Any decision made under the North Dakota unemployment compensation law after the removal of the proceedings upon a claim to the bureau has the effect of a decision under section 52-06-19 and is subject to judicial review within the same time and to the same extent.