AGO 1949-51 No. 193.

Case DateJanuary 09, 1950
CourtWashington
Washington Attorney General Opinions 1950. AGO 1949-51 No. 193. January 9, 1950[Orig. Op. Page 1]PRIVATEEMPLOYMENT SECURITY DEPARTMENT - RIGHT OF COMMISSIONER TO RECONSIDER APPEAL TRIBUNAL OR COMMISSIONER DECISIONS WHICH HAVE BECOME FINAL PURSUANT TO THE PROVISIONS OF THE UNEMPLOYMENT COMPENSATION ACT.The Commissioner of the Employment Security Department may not review Appeal Tribunal decisions nor reconsider his own decisions for the purpose of modification or reversal when the periods of time for review or appeal established by the Unemployment Compensation Act have elapsed.Honorable J. H. Robertson Commissioner Employment Security Department State of Washington Olympia, WashingtonCite as: AGO 1949-51 No. 193Dear Mr. Robertson: You have inquired concerning whether the Commissioner of the Employment Security Department may review any decision of that Department's Appeal Tribunal when a period of time in excess of ten days has elapsed since the date of mailing or notification of such decision; and, also, whether the Commissioner may reconsider and thus modify or reverse his own decisions when rendered pursuant to Sections 123 and 124 of the Unemployment Compensation Act when the parties concerned have failed to avail themselves of the opportunity of appeal to the Superior Court within the thirty-day period prescribed by Section 128 of the Unemployment Compensation Act. The opinion of this office may be summarized as follows: The Commissioner of the Employment Security Department may not review Appeal Tribunal decisions nor reconsider his own decisions for the purpose of modification or reversal when the periods of time for review or appeal established by the Unemployment Compensation Act have elapsed. ANALYSIS [Orig. Op. Page 2] Sections 120 and 121 of the Unemployment Compensation Act [§ 9998-258, Rem. Supp. 1945, and § 9998-259, Rem. Supp. 1949] prescribe that decisions of the Appeal Tribunal shall be deemed final "unless within ten days after the date of notification or mailing, whichever is the earlier, of such decision, further appeal is perfected pursuant to the provisions of this act relating to review by the Commissioner." Section 123 of the Unemployment Compensation Act [§ 9998-261, Rem. Supp. 1947] which concerns review by the Commissioner of Appeal Tribunal decisions provides: "Petition for Review by...

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