Title 34, Chapter 8, Section 221
( 34-8-221)
(a) The board of review may on its own motion affirm, modify, or set
aside any decision of an administrative hearing officer on the basis
of the evidence previously submitted in such case or direct the
taking of additional evidence or may permit any of the parties to
such decision to initiate further appeals before the board of
review. The board of review shall promptly notify the parties to
any proceedings of its findings and decision. The decision of the
board shall be final. (b) The board of review may, in its discretion and on its own
motion, reconsider its final decision at any time within 15 days of
the release of the final decision of the board. The board shall
notify all concerned parties of its intent to reconsider a final
decision. Such notice shall stay the process of judicial review
until a final decision is released by the board. (c) The quorum for the board of review shall be two members. No
meeting of the board shall be scheduled when it is anticipated that
less than two members will be present, and no hearing shall be held
nor decision released by the board in which less than two members
participated. (d) In the event only two members are able to vote on a case and one
member votes to affirm the decision of the administrative hearing
officer but the other member votes to reverse the decision or remand
the case for another hearing, the decision of the administrative
hearing officer shall stand affirmed. (e) The Commissioner shall provide the board of review and the
office of administrative appeals with proper facilities and
assistants for the execution of their functions. |