The CUIAB provides two levels of appeals and review. The first level appeal is to an administrative law judge and involves a review of a decision made by the Employment Development Department. The second level appeal (Board Appeal) is to the Appeals Board and involves a review of a decision or order issued by an Administrative Law Judge (ALJ). On June 11th, 2010, changes were enacted to the Board Appeal process.
The following changes to the Board Appeal process are now effective:
- Parties now receive notice of their Board Appeal rights with the ALJ’s decision.
- If the Board Appellant (the party filing the Board Appeal) wishes to request a copy of the record, the request must now be made with the Board Appeal.
- If the Board Appellant wishes to present new or additional evidence, the request must now be submitted with the Board Appeal.
- The Board Appellant can submit written argument when the Board Appeal is filed or after receiving a copy of the record if the record request is timely.
- The Board Respondent is not allowed to submit written argument or present new or additional evidence unless they are granted permission by the Appeals Board.
- Before modifying or reversing the decision of the ALJ, the Appeals Board is required to provide the Board Respondent with an opportunity to exercise its Board Appeal rights (obtain a copy of the record, request to present new or additional evidence and submit written argument).