STATE OF NEW YORK
________________________________________________________________________
6945
2023-2024 Regular Sessions
IN ASSEMBLY
May 9, 2023
___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to an individual's right to
request a hearing regarding an unemployment insurance benefits claim
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 596 of the labor law is amended by
2 adding a new paragraph (e) to read as follows:
3 (e) If the individual does not begin to receive benefits or does not
4 receive a written notice of determination denying their claim within
5 thirty days of furnishing all of the information required under para-
6 graph (a) of subdivision two of section five hundred ninety-seven of
7 this title, they have the right to request a hearing as described in
8 paragraph (a) of subdivision one of section six hundred twenty of this
9 article.
10 § 2. Paragraph (a) of subdivision 1 of section 620 of the labor law,
11 as amended by chapter 554 of the laws of 2010, is amended to read as
12 follows:
13 (a) A claimant who is dissatisfied with an initial determination of
14 his or her claim for benefits or any other party, including any employer
15 whose employer account percentage might be affected by such determi-
16 nation may, within thirty days after the mailing or personal delivery of
17 notice of such determination, request a hearing. Where such notice of
18 determination has not been issued by the department, or received by the
19 claimant, within thirty days of claimant's filing a claim for benefits
20 and furnishing the required information, as provided for by subdivision
21 one of section five hundred ninety-seven of this article, the claimant
22 may request a hearing under the presumption that their claim has been
23 denied. The referee may extend the time fixed for requesting a hearing,
24 upon evidence that the physical condition or mental incapacity of the
25 claimant prevented the claimant from filing an appeal within thirty days
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10982-01-3
A. 6945 2
1 of the initial determination. Any employer whose employer account
2 percentage might be affected by such determination, irrespective of
3 whether or not such employer was a party to a hearing brought hereunder,
4 shall have access to all records of any hearing brought hereunder by any
5 party relating to such determination, provided, however, that those
6 records shall be subject to redaction or shall be withheld in accordance
7 with applicable federal or state statutory and regulatory requirements
8 governing information confidentiality and personal privacy, including,
9 but not limited to, article six and article six-A of the public officers
10 law.
11 § 3. This act shall take effect on the ninetieth day after it shall
12 have become a law. Effective immediately, the addition, amendment and/or
13 repeal of any rule or regulation necessary for the implementation of
14 this act on its effective date are authorized to be made and completed
15 on or before such date.
