LABOR CODE
CHAPTER 212. DISPUTE RESOLUTION
SUBCHAPTER A. GENERAL PROVISIONS
§ 212.001. PROCEDURES. The manner in which disputed
claims are presented, the reports on disputed claims required from
claimants, employers, or other persons, and the conduct of hearings
and appeals must be in accordance with rules adopted by the
commission for determining the rights of parties to disputed
claims.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.002. RECORD. (a) A complete record shall be kept
of proceedings in connection with a disputed claim.
(b) Testimony at any hearing on a disputed claim shall be
recorded.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.003. WITNESS FEES. (a) A witness subpoenaed
under this chapter is entitled to a fee at a rate set by the
commission.
(b) The witness fee is an expense of administering this
subtitle.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.004. PAYMENT OF BENEFITS PENDING
APPEAL. (a) Except as otherwise provided by this section,
benefits shall be paid in accordance with a final determination.
(b) Benefits shall be paid promptly in accordance with:
(1) a determination or redetermination of an examiner;
(2) a decision of an appeal tribunal;
(3) a decision of the commission; or
(4) a decision of a reviewing court.
(c) Subsection (b) applies without regard to:
(1) any provision of this subtitle under which
benefits may be paid or denied; or
(2) the pendency of:
(A) a period to:
(i) apply for reconsideration;
(ii) file an appeal; or
(iii) petition for judicial review;
(B) an application for reconsideration;
(C) an appeal; or
(D) a petition for judicial review.
(d) Benefits paid under a determination, redetermination,
or decision continue until the determination, redetermination, or
decision is modified or reversed by a subsequent redetermination or
decision, and shall be paid or denied in accordance with the
modifying or reversing redetermination or decision.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.005. CHARGEBACK ON REVERSAL OF DETERMINATION OR
DECISION ALLOWING BENEFITS PROHIBITED. A chargeback may not be
made to an employer's account because of payments having been made
under a determination or decision to the claimant for any benefit
period with regard to which the claimant is finally denied benefits
by a modification or reversal of the determination or decision.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.006. RECOVERY OF BENEFITS PAID. (a) Benefits
paid to a claimant that are not in accordance with the final
decision shall be:
(1) refunded by the claimant to the commission; or
(2) in the discretion of the commission, deducted from
future benefits payable to the claimant under this subtitle.
(b) Benefits paid that are not in accordance with the final
decision are also collectible in the manner provided by Sections
213.031, 213.032, 213.033, 213.035, and 213.051 for the collection
of past due contributions.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.37, eff. Sept. 1, 1995.
SUBCHAPTER B. EXAMINERS
§ 212.051. DETERMINATION BY EXAMINER ON
NOTIFICATION. (a) If the person for which a claimant last worked
files a notification with the commission as provided by Section
208.004, an examiner shall determine:
(1) whether the claimant is disqualified from
receiving benefits under Sections 207.044-207.053;
(2) the resolution of any other issue affecting the
claimant's right to receive benefits that arises under any other
provision of this subtitle; and
(3) whether, if benefits are to be paid to the
claimant, a chargeback is to be made to the person's account.
(b) The examiner shall mail a copy of the determination to
the claimant and:
(1) the person for which the claimant last worked;
(2) the branch or division for which the claimant last
worked; or
(3) the address for mail service designated by a
governmental employer.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.052. DETERMINATION BY EXAMINER ON EXAMINER'S OWN
MOTION. (a) If a notification as provided by Section 208.004 from
the person for which a claimant last worked is not filed, and
information on the claim or other information secured raises an
issue affecting the claimant's right to benefits under this
subtitle, an examiner shall determine whether the claimant is to
receive benefits.
(b) The examiner shall mail a copy of the determination to
the claimant at the claimant's last known address.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.053. DETERMINATION FINAL; APPEAL. An examiner's
determination is final for all purposes unless:
(1) the claimant or the person or branch for which the
claimant last worked and to whom the copy of the determination is
mailed files an appeal from the determination not later than the
14th calendar day after the date on which the copy of the
determination is mailed to the last known address of the claimant,
person, or branch as shown by commission records;
(2) an examiner files an appeal from the determination
within the period specified in Subdivision (1); or
(3) an examiner makes a redetermination as provided by
Section 212.054.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.054. REDETERMINATION BY EXAMINER. (a) Except as
otherwise provided by this subsection, if an examiner discovers an
error in connection with a determination or discovers additional
information not previously available, the examiner, within the
period specified in Section 212.053(1), may reconsider and
redetermine the determination. An examiner may issue a
redetermination to correct a clerical or machine error at any time
during a claimant's benefit year.
(b) An examiner's redetermination replaces the original
determination and becomes final unless the claimant or the person
for which the claimant last worked files an appeal from the
redetermination not later than the 14th calendar day after the date
on which a copy of the redetermination is mailed to the claimant's
or person's last known address as shown by commission records.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1997, 75th Leg., ch. 94, § 5, eff. Sept. 1, 1997.
SUBCHAPTER C. APPEAL TRIBUNALS
§ 212.101. ESTABLISHMENT OF APPEAL TRIBUNALS. (a) The
commission shall establish one or more impartial appeal tribunals
to hear and decide disputed claims if the establishment of those
appeal tribunals is necessary to ensure prompt disposal of cases on
appeal.
(b) An appeal tribunal is composed of a salaried examiner.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.102. ACTION BY APPEAL TRIBUNAL. Unless the appeal
is withdrawn, an appeal tribunal shall affirm or modify the
determination of the examiner after giving the parties reasonable
opportunity for fair hearing.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.103. NOTICE OF APPEAL TRIBUNAL ACTION. The
parties to an appeal shall be notified of the appeal tribunal's
decision and the reasons for the decision.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.104. DECISION CONSIDERED FINAL COMMISSION
DECISION. The decision of an appeal tribunal is the final decision
of the commission unless further appeal is initiated as provided by
Section 212.151 not later than the 14th day after the date the
decision is mailed.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.105. REMOVAL OR TRANSFER OF CLAIM PENDING BEFORE
APPEAL TRIBUNAL. (a) The commission may remove to itself or
transfer to another appeal tribunal the proceedings on a claim
pending before an appeal tribunal.
(b) A quorum of the commission shall hear a proceeding
removed to the commission under Subsection (a).
(c) The commission promptly shall mail to the parties before
it a copy of its findings and decision.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.106. RULES REGARDING HEARINGS CONDUCTED BY
TELEPHONE CONFERENCE. The commission by rule shall develop
procedures to ensure that an appeal tribunal makes every effort in a
hearing conducted by telephone conference under this subchapter to
obtain all relevant facts and evidence from the parties to the
appeal.
Added by Acts 2003, 78th Leg., ch. 817, § 7A.02, eff. Sept. 1,
2003.
SUBCHAPTER D. COMMISSION REVIEW
§ 212.151. REVIEW OF APPEAL TRIBUNAL DECISION. The
commission may:
(1) on its own motion:
(A) affirm, modify, or set aside any decision of
an appeal tribunal on the basis of the evidence previously
submitted in the case; or
(B) direct the taking of additional evidence; or
(2) permit any of the parties to the decision to
initiate a further appeal before the commission.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.152. NOTICE OF COMMISSION ACTION. The commission
promptly shall mail to the parties before it a copy of its findings
and decision.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.153. FINALITY OF COMMISSION DECISION. A decision
of the commission becomes final 14 days after the date the decision
is mailed unless before that date:
(1) the commission by order reopens the appeal; or
(2) a party to the appeal files a written motion for
rehearing.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER E. JUDICIAL REVIEW OF COMMISSION DECISION
§ 212.201. COMMENCEMENT OF JUDICIAL REVIEW;
DEFENDANTS. (a) A party aggrieved by a final decision of the
commission may obtain judicial review of the decision by bringing
an action in a court of competent jurisdiction for review of the
decision against the commission on or after the date on which the
decision is final, and not later than the 14th day after that date.
(b) Each other party to the proceeding before the commission
must be made a defendant in an action under this subchapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.202. STANDARD OF JUDICIAL REVIEW; EXCEPTIONS NOT
NECESSARY. (a) Judicial review under this subchapter is by trial
de novo based on the substantial evidence rule.
(b) It is not necessary in a judicial proceeding under this
subchapter to enter exceptions to the rulings of the commission.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2003, 78th Leg., ch. 1208, § 1, eff. June 20, 2003.
§ 212.203. EXHAUSTION OF REMEDIES. (a) A party
claiming to be aggrieved by a final decision of the commission may
not obtain judicial review of the decision unless the party has
exhausted the party's remedies before the commission as provided by
this subtitle.
(b) The exhaustion of those remedies does not include a
motion for rehearing.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.204. FILING OF ACTION. An action under this
subchapter must be filed:
(1) in the county of the claimant's residence; or
(2) if the claimant is not a resident of this state,
in:
(A) Travis County;
(B) the county in this state in which the
claimant's last employer has its principal place of business; or
(C) the county of the claimant's last residence
in this state.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.205. PETITION; SUPERSEDEAS. (a) A petition in
an action under this subchapter must state the grounds on which
review is sought.
(b) A petition for judicial review does not act as a
supersedeas.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.206. COMMISSION CONSIDERED PARTY TO JUDICIAL
REVIEW; NOTICE OF PETITION. (a) The commission is considered a
party to any judicial action involving a final decision of the
commission.
(b) A petition to bring an action under this subchapter must
be served on:
(1) a member of the commission; or
(2) a person designated by the commission.
(c) As many copies of the petition as there are defendants
must be left with the party served under Subsection (b). The
commission immediately shall mail one copy of the petition to each
defendant.
(d) Service in compliance with this section constitutes
completed service on all defendants.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.207. REPRESENTATION OF COMMISSION. The
commission may be represented in any judicial action involving a
final decision of the commission by any qualified attorney who:
(1) is a regular salaried employee of the commission;
and
(2) has been appointed for that purpose by the
attorney general.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.208. PRECEDENCE OVER OTHER CIVIL ACTIONS. An
action under this subchapter shall be given precedence over all
other civil cases except cases arising under the workers'
compensation laws of this state.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 212.210. APPEAL BOND NOT REQUIRED. An appeal bond is
not required in an appeal from a decision of a trial court in an
action under this subchapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
