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Appeals of Unemployment
Insurance Decisions
The Idaho Industrial Commission is the upper level reviewing authority for
unemployment insurance decisions issued by the Idaho Commerce
& Labor.
Once an unemployment insurance case is heard and ruled on by an Appeals
Examiner with the Idaho Commerce & Labor, that decision may be appealed
to the Industrial Commission. Interested parties have fourteen days from the
date the Appeals Examiner’s Decision is mailed to file an appeal of that
decision with the Commission.
"Filed" means mailing the appeal, transmitting it via facsimile, or
delivering it by hand to the Commission offices in Boise, Idaho. If the
appeal is mailed, the postmark on the envelope will be the date of filing.
If the appeal is faxed, the date the Commission receives the transmission is
the filed date, provided that the Commission receives the transmission by
5:00 p.m. Otherwise, the filed date will be the next business day. If the
appeal is hand-delivered, the date of delivery will be the filed date. The
Commission has no discretion to extend the appeal period and appeals which
are late by even one day, will be dismissed. This and other procedural
information is explained in detail in the Commission’s
Rules of Appellate Practice and Procedure under the Idaho Employment
Security Law.
When an Appeals Examiner’s Decision is appealed to the Commission, the
Commission obtains the complete file from the Idaho Commerce & Labor. The
file includes all of the documents considered by the Appeals Examiner and
the tape recording of the Appeals Examiner’s hearing. The case is assigned
to a referee who reviews these documents and the tape. Based on this review,
the referee prepares a written decision for approval by the Commissioners.
Neither the Commissioners nor the referee is bound by the findings and the
conclusions of the Appeals Examiner. The decision issued by the Commission
will be a new decision in the case and can only be appealed to the Idaho
Supreme Court.
The Commission reviews and rules on appeals in unemployment insurance cases
as quickly as possible. Parties to an appeal are free to contact the
department’s legal assistant at 208-334-6024 with questions about a
pending case, such as whether documents have been received or matters of
procedure. However, no information will be given out estimating when
a decision will be complete, the anticipated outcome of a decision, or a
party’s legal rights.
Rules of Appellate Practice and Procedure Under the Idaho Employment
Security Law
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