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Title 8 . Labor and Workforce Development
Chapter 85 . State Employment Training Program
Section 156. Appeals involving a labor dispute

8 AAC 85.156. Appeals involving a labor dispute

(a) If the payment or denial of benefits depends on whether a claimant's unemployment is due to a stoppage of work because of a labor dispute, the monetary or nonmonetary determination shall be made by the director.

(b) An appeal under this section must be filed with the commissioner in accordance with 8 AAC 85.151.

(c) After the commissioner is notified that an appeal has been filed, he or she will appoint a referee to conduct a hearing on the appeal as provided in 8 AAC 85.153. After the hearing, the referee shall prepare a proposed written decision stating findings of fact and the reasons for the proposed decision. The proposed decision, along with the hearing record, must be sent to the commissioner with all pertinent agency records.

(d) The commissioner will consider all evidence contained in the record and the referee's proposed decision, and will decide the appeal. The commissioner will, in his or her discretion, direct the referee to take additional evidence, or hear the evidence himself as provided in 8 AAC 85.153.

(e) A decision of the commissioner under this section will be issued in accordance with 8 AAC 85.155(e) .

History: Eff. 11/7/80, Register 76; am 3/24/85, Register 93; am 3/4/2006, Register 177

Authority: AS 23.20.045

AS 23.20.415

AS 23.20.420

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Last modified 7/05/2006