Transfer to the Board

(Statutory reference: 31-248a) (a) At any time during the pendency of an appeal to the Referee and prior to the Referee's decision on such appeal becoming final, the Board may, on its own motion or the written request of a party or the Referee filed with the Board within such time period, transfer such appeal to the Board. Any appeal transferred to the Board shall thereafter be treated and processed as an appeal to the Board provided that an appeal transferred to the Board prior to a hearing before a Referee shall thereafter be scheduled for an evidentiary hearing prior to the issuance of the Board's decision upon such transferred appeal. Any such request shall be filed with the office of the Referee Section where such appeal is pending and promptly thereafter forwarded by such office to the Board. (b) Any written request pursuant to subsection (a) above should be prepared pursuant to Section 31-237g-10(a) of these regulations and should describe all good cause alleged for such transfer, which good cause may include, but need not be limited to, one or more of the following reasons: (1) the existence in such case of substantially complex questions of fact or law which will require extensive testimony and/or consideration; (2) the ultimate decision issued in such case will have significant precendential value; (3) the case in question is a consolidated proceeding or the particular facts and circumstances involved in the instant case are representative of a significant number of substantially similar cases; (4) the continuation of the case at the referee level may result in substantial harm or prejudice to the party; (5) where a case involving related issues or parties is before the board, it would benefit the board to consider the cases together and no substantial harm or prejudice will result to any party. (c) The filing of any written request pursuant to subsection (a) and (b) above shall not stay or toll any time limitation applicable to such appeal before the Referee. The Board shall promptly issue a written decision upon each such request. The general provisions of 31-237g-49(a) of these regulations to the contrary notwithstanding, a Board decision on a transfer request is not subject to appeal rights but may be subject to a motion to the board to reopen.