Unless such appeal is withdrawn, a referee shall promptly hear the claim, de novo, and render a decision thereon. Unless a party has waived the notice or agreed to a shorter period of time, notice, by mail or otherwise, of the time and place of such hearing shall be given each interested party not less than five days prior to the date appointed therefor. The parties, including the administrator, shall be notified of the referee's decision, which notification shall be accompanied by a finding of the facts and the conclusions of law upon which the decision is based. The referee may, for good cause, issue a decision which remands the case to the administrator for such further proceedings as the referee may reasonably direct. Such hearing shall be held by the referee designated by the chief referee. No referee shall hear an appeal if he or she has any interest in the proceeding or in the business of any party to the proceeding. A challenge to the interest of a referee may be made by any party to the proceeding. The decision on said challenge shall be made by the chairman of the board, after proceedings held in accordance with such rules of procedures as the board may establish.

(1949 Rev., S. 7514; 1971, P.A. 835, S. 23; P.A. 74-339, S. 15, 36; P.A. 87-364, S. 2, 8; P.A. 16-169, S. 7.)

History: 1971 act deleted “congressional” with references to districts; P.A. 74-339 referred to referees rather than commissioners, authorized waiver of notice or agreement to shorter time period by interested parties and added provisions re challenges to interest of referees; P.A. 87-364 provided that the referee may remand the case to the administrator for good cause; P.A. 16-169 made technical changes.

Expenses of appeal denied where not claimed before administrator. 133 C. 310. Cited. 135 C. 696; 161 C. 362. Cited re section's effect on the speed and fairness of the resolution of contested claims. 175 C. 269. Cited. 192 C. 581; 200 C. 243.

Cited. 1 CA 591; 2 CA 1; 34 CA 620.

Only employers whose merit rating accounts were charged with compensable separations have right to appeal from original award. 15 CS 62. Commissioner limited in his decision to the period covered by the decision of the examiner. 18 CS 11. Cited. 21 CS 19; 27 CS 217. Case remanded to commissioner for further proceedings where decision made was not specific as to dates of claimant's ineligibility for benefits on grounds of his failure to make reasonable efforts to find work. 28 CS 248. Cited. 37 CS 38; 44 CS 285.