•  Summary 
  •  Actions 
  •  Committee Votes 
  •  Floor Votes 
  •  Memo 
  •  Text 
  •  LFIN 
  •  Chamber Video/Transcript 

A06945 Text:

                STATE OF NEW YORK
                               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.

        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.
Go to top