S T A T E O F N E W Y O R K
________________________________________________________________________
6945
2023-2024 Regular Sessions
I N A S S E M B L Y
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:
Section 1. Subdivision 6 of section 596 of the labor law is amended by
adding a new paragraph (e) to read as follows:
(E) IF THE INDIVIDUAL DOES NOT BEGIN TO RECEIVE BENEFITS OR DOES NOT
RECEIVE A WRITTEN NOTICE OF DETERMINATION DENYING THEIR CLAIM WITHIN
THIRTY DAYS OF FURNISHING ALL OF THE INFORMATION REQUIRED UNDER PARA-
GRAPH (A) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED NINETY-SEVEN OF
THIS TITLE, THEY HAVE THE RIGHT TO REQUEST A HEARING AS DESCRIBED IN
PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION SIX HUNDRED TWENTY OF THIS
ARTICLE.
§ 2. Paragraph (a) of subdivision 1 of section 620 of the labor law,
as amended by chapter 554 of the laws of 2010, is amended to read as
follows:
(a) A claimant who is dissatisfied with an initial determination of
his or her claim for benefits or any other party, including any employer
whose employer account percentage might be affected by such determi-
nation may, within thirty days after the mailing or personal delivery of
notice of such determination, request a hearing. WHERE SUCH NOTICE OF
DETERMINATION HAS NOT BEEN ISSUED BY THE DEPARTMENT, OR RECEIVED BY THE
CLAIMANT, WITHIN THIRTY DAYS OF CLAIMANT'S FILING A CLAIM FOR BENEFITS
AND FURNISHING THE REQUIRED INFORMATION, AS PROVIDED FOR BY SUBDIVISION
ONE OF SECTION FIVE HUNDRED NINETY-SEVEN OF THIS ARTICLE, THE CLAIMANT
MAY REQUEST A HEARING UNDER THE PRESUMPTION THAT THEIR CLAIM HAS BEEN
DENIED. The referee may extend the time fixed for requesting a hearing,
upon evidence that the physical condition or mental incapacity of the
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
of the initial determination. Any employer whose employer account
percentage might be affected by such determination, irrespective of
whether or not such employer was a party to a hearing brought hereunder,
shall have access to all records of any hearing brought hereunder by any
party relating to such determination, provided, however, that those
records shall be subject to redaction or shall be withheld in accordance
with applicable federal or state statutory and regulatory requirements
governing information confidentiality and personal privacy, including,
but not limited to, article six and article six-A of the public officers
law.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.