A. The department shall establish one or more impartial appeal tribunals to hear and decide disputed claims. Such appeal tribunals shall consist in each case of one member who shall be a salaried examiner selected on a nonpartisan merit basis. A person shall not participate on behalf of the department in any case in which he is an interested party.
B. Within a reasonable time before the date set for a hearing, any interested party to a hearing before the appeal tribunal may file an affidavit for change of appeal tribunal and the department shall immediately transfer the matter to another appeal tribunal. An interested party may electronically file the affidavit for change of appeal tribunal under this subsection. Reasonable time shall be established by regulation. Except for cause not more than one change of appeal tribunal shall be granted to any one party.
C. An appeal tribunal may refer any case before it or any question involved therein to the appeals board established pursuant to section 23-672.
D. Unless an appeal is withdrawn or the proceedings are removed or referred to the appeals board, an appeal tribunal, after giving reasonable notice and affording all interested parties reasonable opportunity for a fair hearing, shall make a decision. The parties to the appeal shall be promptly notified of the decision and the reasons for the decision. The decision shall become final unless within thirty days after mailing or electronic transmission of the decision any interested party files a written or electronically transmitted petition for review with the appeals board or the appeals board assumes jurisdiction in accordance with subsection E of this section.
E. Before the date on which an appeal tribunal decision becomes final, the appeals board on its own motion may, by notice mailed to all interested parties, either:
1. Set aside the decision of the appeal tribunal and remand the proceedings to another appeal tribunal for review and decision.
2. Order the taking of additional evidence.
3. Remove the proceedings to itself for review and decision.
F. If the appeals board removes a case to itself pursuant to this section, the appeals board may order the taking of additional evidence and may affirm, reverse, modify or set aside the decision of the appeal tribunal. The appeals board shall promptly notify the parties to the proceedings of its decision.
Notes of Decisions
Roman v. Arizona Dep't of Econ. Sec., 637 P.2d 1084 (Ariz. Ct. App. 1981).
· cites it 7× “Appellant contends that this regulation provides a “good cause” exception to the fifteen-day deadline for filing appeals in A.R.S. § 23-671(C), and that her case falls within this exception, DES contends;, on the other hand, that the regulation deals only with issues of due…”
Salt River Proj. Agric. Improvement & Power Dist. v. Arizona Dep't of Econ. Sec., 750 P.2d 913 (Ariz. Ct. App. 1988).
· cites it 7× “A.R.S. § 23-671(C) provides in relevant part: [A]n appeal tribunal, after giving reasonable notice and affording all interested parties reasonable opportunity for fair hearing, shall make a decision____ The decision shall become final unless within fifteen days after mailing of…”
Casillas v. Arizona Dep't of Econ. Sec., 739 P.2d 800 (Ariz. Ct. App. 1986).
· cites it 2× “A DES appeal tribunal has statutory authority to make determinations on issues before it pursuant to A.R.S. § 23-671; Such determinations become final unless a party appeals, or the appeals board assumes jurisdiction, within 15 days.”
Stoffel v. Arizona Dep't of Econ. Sec., 784 P.2d 275 (Ariz. Ct. App. 1989).
· cites it 2× “A.R.S. § 23-671(D). Nonetheless, the Board may internally adopt a procedure to determine whether or not that jurisdiction time limit has been met.”
Rogers v. Arizona Dep't of Econ. Sec., 644 P.2d 292 (Ariz. Ct. App. 1982).
· cites it 2× “A dissatisfied claimant or employer may appeal from the deputy’s determination to a department appeal tribunal established pursuant to A.R.S. § 23-671. The appeal tribunal holds an evidentiary hearing and then makes its determination, which may be further appealed to the…”
Slonim v. Arizona Dep't of Econ. Sec., 613 P.2d 865 (Ariz. Ct. App. 1980).
· cites it 6× “A.R.S. § 23-671(C) provides that a decision of the appeal tribunal becomes final unless within fifteen days of the mailing of such decision a written petition for review is filed with the Department’s unemployment insurance appeals board.”
Northland Pioneer Coll. v. Zarco, 875 P.2d 1349 (Ariz. Ct. App. 1994).
“In the information provided with its decision, DES correctly summarized the important terms of section 23-671 and R6-3-1404.A We do not regard DES’s use of the term “mail” as inaccurate or misleading.”
Janusz v. Arizona Dep't of Econ. Sec., 759 P.2d 650 (Ariz. Ct. App. 1988).
· cites it 2× “See generally A.R.S. § 23-671 (Supp.1987). The decision of the appeal tribunal was in turn affirmed by the appeals board and the claimant has appealed to this court from the board’s affirmance of its decision upon review.”
Tri-State v. ades/mccarley (Ariz. Ct. App. 2018).
· cites it 4× “See A.R.S. § 23-671; A.A.C. R6-3-1503(C). The Arizona Department of Economic Security thereafter supplemented the administrative record to include a timely filed petition for review submitted by McCarley less than 30 days after the Appeal Tribunal’s decision asserting that his…”
Dynometrics v. ades/enriquez (Ariz. Ct. App. 2024).
· cites it 2× “§ 23-672(C); see also A.R.S. § 23-671(E)-(F) (authorizing the Appeals Board to “[s]et aside the decision of the appeal tribunal and remand .”
Williams v. ades/lamont (Ariz. Ct. App. 2025).
· cites it 2× “See A.R.S. § 23-671(A). When the hearing began, the tribunal said the issue was whether Williams was discharged for insubordination.”
— Ariz. Rev. Stat. § 23-671(A) — 1 case
Williams v. ades/lamont (Ariz. Ct. App. 2025).
“See A.R.S. § 23-671(A). When the hearing began, the tribunal said the issue was whether Williams was discharged for insubordination.”
— Ariz. Rev. Stat. § 23-671(C) — 4 cases
Roman v. Arizona Dep't of Econ. Sec., 637 P.2d 1084 (Ariz. Ct. App. 1981).
“Appellant contends that this regulation provides a “good cause” exception to the fifteen-day deadline for filing appeals in A.R.S. § 23-671(C), and that her case falls within this exception, DES contends;, on the other hand, that the regulation deals only with issues of due…”
Slonim v. Arizona Dep't of Econ. Sec., 613 P.2d 865 (Ariz. Ct. App. 1980).
“A.R.S. § 23-671(C) provides that a decision of the appeal tribunal becomes final unless within fifteen days of the mailing of such decision a written petition for review is filed with the Department’s unemployment insurance appeals board.”
— Ariz. Rev. Stat. § 23-671(D) — 2 cases
Stoffel v. Arizona Dep't of Econ. Sec., 784 P.2d 275 (Ariz. Ct. App. 1989).
“A.R.S. § 23-671(D). Nonetheless, the Board may internally adopt a procedure to determine whether or not that jurisdiction time limit has been met.”
Tri-State v. ades/mccarley (Ariz. Ct. App. 2018).
“See A.R.S. § 23-671; A.A.C. R6-3-1503(C). The Arizona Department of Economic Security thereafter supplemented the administrative record to include a timely filed petition for review submitted by McCarley less than 30 days after the Appeal Tribunal’s decision asserting that his…”
— Ariz. Rev. Stat. § 23-671(E) — 1 case
Dynometrics v. ades/enriquez (Ariz. Ct. App. 2024).
“§ 23-672(C); see also A.R.S. § 23-671(E)-(F) (authorizing the Appeals Board to “[s]et aside the decision of the appeal tribunal and remand .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.