2010 Arkansas Code
Title 11 - Labor and Industrial Relations
Chapter 10 - Department of Workforce Services Law
Subchapter 5 - Benefits Generally
§ 11-10-528 - Claims -- Administrative appeal -- Rule of decision.

11-10-528. Claims -- Administrative appeal -- Rule of decision.

(a) The final decisions of the Board of Review or of an appeal tribunal, and the principles of law declared by it in arriving at the decisions, unless expressly or impliedly overruled by a later decision of the board or by a court of competent jurisdiction, shall be binding upon the Director of the Arkansas Employment Security Department and any examiner or appeal tribunal in subsequent proceedings which involve similar questions of law.

(b) (1) However, if in connection with any subsequent proceeding, the director, an examiner, or appeal tribunal has serious doubt as to the correctness of any principle so declared, then they may certify their findings of fact in the case, together with the question of law involved, to the board.

(2) After giving notice and reasonable opportunity for hearing upon the law to all parties to the proceedings, the board shall certify to the director, the examiner, or appeal tribunal and the parties its answer to the question submitted.

(c) If the question thus certified to the board arises in connection with a claim for benefits, the board in its discretion may remove to itself the entire proceedings on the claim. After proceeding in accordance with the requirements of 11-10-523 -- 11-10-530 with respect to proceedings before an appeal tribunal, the board shall render its decision upon the entire claim.

(d) Any decision made under this section after removal of the proceeding upon a claim to the board shall have the effect of a decision under 11-10-525 and shall be subject to judicial review within the same time and to the same extent.

Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.