2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 8 - Employment Security
Article 8 - Appeals
§ 34-8-222. Procedure for Appeal of Claims to Board of Review; Record of Proceedings

The manner in which appealed claims shall be presented and the conduct of hearings and appeals shall be in accordance with regulations prescribed by the Commissioner for determining the rights of the parties.It is not required that such regulations conform to common law or statutory rules of evidence and other technical rules of procedure.A full and complete record shall be kept of all proceedings in connection with an appealed claim.All testimony at any hearing upon a claim before the administrative hearing officer shall be mechanically recorded but need not be transcribed unless the disputed claim is further appealed.The board of review, in its sole discretion, shall have the power to determine the necessity for transcription of any record to be considered by it. However, no provision of this Code section shall preclude the Commissioner from making the original documents, papers, and transcripts available for inspection upon written request by any party to the proceedings. Documents, papers, and transcripts shall be available for inspection during normal working hours at the office of the department in Atlanta or at the local office of the department where the original claim for benefits under this law was filed.Due to the confidential nature of the proceedings, only agency personnel or the board of review shall be permitted to make a recording of any type whatsoever of any hearing involving a claim for benefits or an appeal therefrom.The hearing may be recorded by one or both of the interested parties, provided prior written consent is received by the office of administrative appeals from all interested parties.

(Code 1981, §34-8-222, enacted by Ga. L. 1991, p. 139, § 1.)

- For note discussing administrative records and reports of public employment agencies with emphasis on the critical role of the employer, and advocating a qualified, rather than absolute, privilege placed on confidential employer reports, see 11 Mercer L. Rev. 345 (1960).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1937, p. 806 are included in the annotations for this Code section.

- Workers' compensation law spoke of evidence, witnesses, oaths of witnesses, depositions, and the like; and the Supreme Court found nothing that would lead to the view that what was wholly without probative value in other proceedings may be taken as evidence in a proceeding under this statute. Huiet v. Schwob Mfg. Co., 196 Ga. 855, 27 S.E.2d 743 (1943) (decided under Ga. L. 1937, p. 806).

- What section 6 of the unemployment compensation act means, and all that it means, is that the Department of Labor need not observe the niceties of pleading, or follow the technical rules as to method of producing and hearing evidence or the examination of witnesses. Huiet v. Schwob Mfg. Co., 196 Ga. 855, 27 S.E.2d 743 (1943) (decided under Ga. L. 1937, p. 806).

- In a case in which unemployment benefits were denied to an employee who was discharged for striking a co-worker and in which the Department of Labor Board of Review failed to make a critical factual determination as to provocation pursuant to department rules, it was error for the superior court to make new factual determinations on the issue, but, rather, the case should have been remanded to the department for determining provocation. TNS Mills v. Russell, 213 Ga. App. 14, 443 S.E.2d 658 (1994).

Cited in Epps Air Serv., Inc. v. Lampkin, 125 Ga. App. 779, 189 S.E.2d 127 (1972); Miller Brewing Co. v. Carlson, 162 Ga. App. 94, 290 S.E.2d 200 (1982).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 499 et seq. 76 Am. Jur. 2d, Unemployment Compensation, §§ 89, 90.

- 73A C.J.S., Public Administrative Law and Procedure, § 366 et seq. 81A C.J.S., Social Security and Public Welfare, § 528 et seq.