Idaho Admin. Code r. 09.01.01.035 - APPEALS TO APPEALS EXAMINER - FORM AND MANNER OF FILING OF NOTICES OF APPEAL
01.
Form of
Notices of Appeal. Any appeal taken to an appeals examiner pursuant to
the Employment Security Law and the Claims for Wages Act must be in writing,
signed by an interested party, the appellant or representative, and contain
words that, by fair interpretation, request the appeal process for a specific
determination or other decision of the Department. (3-23-22)
02.
Filing of Notices of Appeal.
To appeal a determination or other decision of the Department , interested
parties must follow these rules and the instructions on the determination or
other decision being appealed. If an appeal is delivered personally, the
personal delivery date will be noted on the appeal and deemed the date of
filing. A faxed or electronically transmitted appeal will be deemed filed on
the date received by the Department (mountain time) or, if received on a
weekend or holiday, the next business day. If mailed, the appeal will be deemed
filed on the date of mailing as determined by the postmark on the envelope
containing the appeal, unless a party establishes by a preponderance of the
evidence that but for error by the U.S. Postal Service, the envelope would have
been postmarked within the period for timely appeal. If such a postal error is
established, the appeal will be deemed to be timely filed. Ref. Section
72-1368(6), and
Section 45-617, Idaho Code.
(3-23-22)
Notes
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