Decision of the Referee; content and form

(Statutory reference: 31-242, 31-249e) (a) Each appeal to the Referee shall be reviewed, and a decision thereon prepared, with reasonable promptness following the close of the scheduled hearing. Except for dismissal decisions issued pursuant to Section 31-237g-25, 31-237g-26 and 31-237g-27 of these regulations, the Referee's decision shall affirm, reverse or modify the Administrator's decision or for good cause remand any issue properly before the referee to the Administrator for such further proceedings as the Referee reasonably instructs. In remanding the case to the Administrator the Referee may retain jurisdiction. If the Referee retains jurisdiction, upon the issuance of a new determination by the Administrator, the Referee shall provide all parties to the appeal an opportunity to be heard and shall thereafter issue a decision affirming, reversing or modifying the Administrator's determination, provided that the Referee shall not issue a decision if all parties to the appeal consent to the withdrawal of the appeal. If the Referee does not retain jurisdiction, the Administrator's new determination shall inform the aggrieved party of its right to file a new appeal from the determination. The general provisions of Section 31-237g-34(a) of these regulations to the contrary notwithstanding, a Referee's decision remanding an appeal to the Administrator is not separately appealable to the Board, but may be subject to a motion to reopen or may be made an additional ground for appeal from the Referee's final decision on the Administrator's new determination. The Referee's decision on an appeal shall rule upon each relevant issue necessary to the decision, provided (1) the notice of hearing issued pursuant to Section 31-237g-17 of these regulations indicated that such issue could be covered at the hearing, or (2) the parties present waived notice of such issue and stipulated to coverage of such issue at the hearing. (b) Each Referee decision on an appeal pursuant to subsection (a) above shall be prepared and issued in accordance with Section 31- 237g-13(a) of these regulations and shall also list the date and location of each hearing held together with the names and identities of all persons in attendance at such hearing and the relationship of each such person to the appeal. Except for dismissal decisions issued pursuant to Sections 31-237g-25, 31-237g-26 and 31-237g-27 of these regulations, each such decision shall include: (1) a case history of the appeal which indicates, but need not be limited to, the Referee's jurisdiction over the case; (2) the Referee's findings of fact; (3) the reason for the Referee's conclusions of law; (4) the Referee's ultimate decision on the appeal. The findings of fact and the reasons for the Referee's conclusions of law shall be stated separately, but the case history and the findings of fact may be combined under the general heading of "Findings of Fact," and the conclusions of law may be joined with the ultimate decision under the general heading of "Decision," provided said ultimate decision shall be clearly stated. The Referee's findings of fact shall contain all findings of fact necessary to the resolution of each issue involved, and shall be based exclusively on the evidence and testimony in the file and hearing record and on matters officially noticed, and matters stipulated to with the Referee's approval. The Referee's conclusions of law shall cite and summarize the specific statutory and/or regulatory law involved, and shall indicate the reasons why the application of such law to the facts found results in the ultimate decision stated. The ultimate decision may include a statement as to the action to be taken by the Administrator, if any, as a consequence of such ultimate decision. (c) The written general statement of appeal rights pertaining to such Referee's decision required by Section 31-237-13(a) of these regulations shall include, but need not be limited to, the following provisions under these regulations concerning appeals to the Board of Review: (1) the time and place for filing such an appeal; (2) the form and content of such an appeal; (3) the option to submit written argument in support of such appeal; (4) the option to request decision of such appeal by the full Board; (5) the option to request scheduling of a Board hearing on such appeal; and (6) the availability, at each Employment Security and Appeals Division office, of forms, the Manual of Precedential Decisions, and a copy of these regulations as reference for preparation of an appeal.