§ 35A-1-304. Review authority of the Workforce Appeals Board.

(1)

(a) In accordance with this title and Title 63G, Chapter 4, Administrative Procedures Act, the Workforce Appeals Board may allow an appeal from a decision of an administrative law judge if a motion for review is filed with the Division of Adjudication within the designated time by any party entitled to the notice of the administrative law judge's decision.

(b) An appeal filed by the party shall be allowed as of right if the decision of the administrative law judge did not affirm the department's prior decision.

(c) If the Workforce Appeals Board denies an application for appeal from the decision of an administrative law judge, the decision of the administrative law judge is considered a decision of the Workforce Appeals Board for purposes of judicial review and is subject to judicial review if further appeal is initiated under this title.

(2) On appeal, the Workforce Appeals Board may on the basis of the evidence previously submitted in the case, or upon the basis of any additional evidence it requires:

(a) affirm the decision of the administrative law judge;

(b) modify the decision of the administrative law judge; or

(c) reverse the findings, conclusions, and decision of the administrative law judge.

(3) The Workforce Appeals Board shall promptly notify the parties to any proceedings before it of its decision, including its findings and conclusions, and the decision is a final order of the department unless within 30 days after the date the decision of the Workforce Appeals Board is issued, further appeal is initiated under this title.

Amended by Chapter 116, 1998 General Session