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 Department of 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.