Vermont Statutes Title 21 Sec. 1348
Terms Used In Vermont Statutes Title 21 Sec. 1348
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the Commissioner of Labor established by this chapter, or his or her authorized representative. See
- Employer: includes :
§ 1348. Procedure
(a) An authorized representative of the Commissioner shall pass upon each claim for benefits as provided in this chapter and shall, after such filing, promptly award such benefits as shall be found to be payable under the provisions of this chapter. Prompt notice in writing of the determination of such representative and reasons therefor in respect to such claim shall be given to the claimant, his or her last employer, all other interested parties, and the Commissioner. Any interested party may, within 30 days after notice thereof, file an appeal from the determination with an appeals referee employed by the Commissioner. Such appeal shall, after notice to the claimant, his or her last employer, and all other interested parties, be heard at a place as convenient to the parties as, in the judgment of the referee, is practical, within 30 days after such appeal is filed with the referee; after the hearing the determination shall be sustained, modified, or set aside by the referee as may be warranted. Prompt notice in writing of the decision of the referee and the reasons therefor shall be given.
(b) The authorized representative of the Commissioner may, for good cause, at any time within one year after date of the original determination, reconsider an award of benefits or the denial of a claim therefor, and may issue a redetermination which may award, terminate, continue, increase, or decrease such benefits. Such redetermination shall not affect any benefits paid before the date thereof under authority of the prior determination in the absence of nondisclosure or misrepresentation of a material fact. Prompt notice in writing of such redetermination and the reasons therefor shall be given to the claimant, his or her last employer, and all other interested parties any of whom shall have the same right to appeal and the same procedure shall be followed as provided for in case of appeal from the original determination. (Amended 1959, No. 117; 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1965, No. 66, eff. May 19, 1965; 1989, No. 8, § 7.)