AP 200.1 Due Process

View decisions relating to a party's right to notice and an opportunity to be heard on appeal by clicking on the case numbers below.

0024 8563 03

0024 8563 03 (Mar. 28, 2019) – Although the claimant was surprised to find the employer present and represented by an attorney at the hearing, she did not request a continuance to obtain her own counsel. In light of the review examiner’s assistance with questioning and framing objections, the claimant had a fair hearing. A post-hearing employer withdrawal of its opposition to the unemployment claim is irrelevant to whether the claimant is eligible for benefits under the law. The withdrawal also has no bearing on the credibility of the employer’s witnesses, as their testimony was provided under oath at the hearing.  [Note: the District Court affirmed the Board of Review’s decision.]

0002 4851 05

0002 4851 05 (Feb. 26, 2015) – De Novo order was a ruling of law that derives from the Board's authority under G.L. c. 151A, § 41, and it did not violate the claimant's due process rights. All unrepresented parties are entitled to assistance from the review examiner. [Note:  the District Court affirmed the Board of Review.]

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