23-671. Appeal tribunals

A. The department shall establish one or more impartial appeal tribunals to hear and decide disputed claims. Such appeal tribunals shall consist in each case of one member who shall be a salaried examiner selected on a nonpartisan merit basis. A person shall not participate on behalf of the department in any case in which he is an interested party.

B. Within a reasonable time before the date set for a hearing, any interested party to a hearing before the appeal tribunal may file an affidavit for change of appeal tribunal and the department shall immediately transfer the matter to another appeal tribunal. An interested party may electronically file the affidavit for change of appeal tribunal under this subsection. Reasonable time shall be established by regulation. Except for cause not more than one change of appeal tribunal shall be granted to any one party.

C. An appeal tribunal may refer any case before it or any question involved therein to the appeals board established pursuant to section 23-672.

D. Unless an appeal is withdrawn or the proceedings are removed or referred to the appeals board, an appeal tribunal, after giving reasonable notice and affording all interested parties reasonable opportunity for a fair hearing, shall make a decision. The parties to the appeal shall be promptly notified of the decision and the reasons for the decision. The decision shall become final unless within thirty days after mailing or electronic transmission of the decision any interested party files a written or electronically transmitted petition for review with the appeals board or the appeals board assumes jurisdiction in accordance with subsection E of this section.

E. Before the date on which an appeal tribunal decision becomes final, the appeals board on its own motion may, by notice mailed to all interested parties, either:

1. Set aside the decision of the appeal tribunal and remand the proceedings to another appeal tribunal for review and decision.

2. Order the taking of additional evidence.

3. Remove the proceedings to itself for review and decision.

F. If the appeals board removes a case to itself pursuant to this section, the appeals board may order the taking of additional evidence and may affirm, reverse, modify or set aside the decision of the appeal tribunal. The appeals board shall promptly notify the parties to the proceedings of its decision.