Mass. Gen. Laws » Part I Title XXI Chapter 151A
Massachusetts General Laws

Mass. Gen. Laws ch. 151A, § 39 (2026)

Determination of claim and benefits; procedures; payment of claims or denials; default in payment of contributions

✓ current as of July 2026
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Section 39. (a) The commissioner or his authorized representative shall promptly determine, in accordance with the procedures established by the commissioner, and after making such inquiries and investigations as he deems necessary, whether or not a claim is valid, and the amount, if any, of the benefits payable thereunder. The commissioner shall make every reasonable effort to give notice of such determination within thirty days after the date of filing of the claim, together with the reasons therefor, to the claimant. In the event that the claim is declared valid, the commissioner shall give notice to any employing unit which shall have returned notice in accordance with section thirty-eight. Benefits shall be paid promptly or denied in accordance with such determination.

(b) Any interested party notified of a determination may request a hearing within ten days after delivery in hand by the commissioner's authorized representative, or mailing of said notice, unless it is determined in accordance with procedures prescribed by the commissioner that the party had good cause for failing to request a hearing within such time. In no event shall good cause be considered if the party fails to request a hearing within thirty days after such delivery or mailing of said notice. If a hearing is so requested, the commissioner or his authorized representative, except when the alternative provided in subsection (d) is invoked, shall afford all interested parties a reasonable opportunity for a fair hearing before an impartial hearing officer designated by the commissioner.

The manner in which disputed claims shall be presented, and the conduct of the hearings, shall be in accordance with chapter thirty A, and such other procedures as prescribed by the commissioner which are not inconsistent with chapter thirty A. Such procedures shall include provisions for the following:

(1) reasonable notice of the time and place of the hearing to all parties in order to permit adequate preparation;

(2) notice of the issues to be considered thereat;

(3) the right of representation by an agent, counsel, or advocate;

(4) the right to produce evidence and offer testimony, examine and cross-examine witnesses; and

(5) making available to a party, upon request and within a reasonable time prior to a hearing, written information and documents in the possession of the commissioner to the extent necessary for the proper presentation of its case.

The decision of the commissioner or his authorized representative shall be based solely on the testimony, evidence, materials and issues introduced at the hearing. The commissioner or his authorized representative shall make every reasonable effort to give notice of such decision, together with the findings and reasons therefor, to the parties by mailing to each party at his last known address a copy of such decision, findings and reasons, within forty-five days after the date of request for hearing. Benefits shall be paid promptly or denied in accordance with such decision. Unless action is taken under section forty, the decision of the commissioner or his authorized representative shall be final on all questions of fact and law.

(c) A full and complete record shall be kept of all proceedings in connection with a disputed claim. All testimony, records, investigation reports and documents in the possession of the commissioner of which he avails himself in making the decision, shall be made part of the record of the proceedings. Any recorded testimony need not be transcribed unless a party to an appeal brought under section forty so requests. The party requesting a transcript shall pay the costs of the transcription. If no such request is made, the board of review may use the recording on appeal.

(d) Whenever a determination involves the application of clause (b) of section twenty-five, the commissioner may immediately refer the case or cases to the board of review for hearing and decision in accordance with clause (d) of section forty-one.

(e) Default in payment of contributions by an employer shall not in any manner adversely affect the rights of an employee otherwise eligible for benefits.

Notes of Decisions
Cited in 19 cases, 1963–2018 · leading case: Walker v. Dir. of the Div. of Emp. Sec., 416 N.E.2d 194 (Mass. 1981).
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Walker v. Dir. of the Div. of Emp. Sec., 416 N.E.2d 194 (Mass. 1981). · cites it 4× “2 On January 29, 1979, seventeen days after the notice of disqualification, the claimant appealed her disqualification by requesting a hearing, pursuant to G. L. c. 151A, § 39 (b). A hearing was held before a review examiner of the Division *362 of Employment Security, for the…”
Boston Bicycle Couriers, Inc. v. Deputy Dir. of the Div. of Emp. & Training, 778 N.E.2d 964 (Mass. App. Ct. 2002). “See G. L. c. 151A, § 39(h); Conservation Commn.”
Dowd v. Dir. of the Div. of Emp. Sec., 459 N.E.2d 471 (Mass. 1984). · cites it 2× “G. L. c. 151A, § 39 (b). She assured him that he could file his claim in Pennsylvania and that the Massachusetts office would forward his records to Pennsylvania upon notification by the Shenandoah office.”
O'Brien v. Dir. of the Div. of Emp. Sec., 472 N.E.2d 253 (Mass. 1984). “Pursuant toG.L.c. 151A, § 39 (£ ), Data requested a hearing on this determination.”
Massachusetts Ass'n of Older Americans v. Comm'r of Ins., 471 N.E.2d 1281 (Mass. 1984). · cites it 2× “26, § 7, and thus we find a more suitable analogy in the scheme for review of compensation claims under G. L. c. 151A, § 39. There, a review examiner acting for the Director of the Division of Employment Security is authorized to render a “decision,” and unless an appeal is…”
Glasser v. Dir. of the Div. of Emp. Sec., 471 N.E.2d 1338 (Mass. 1984). “” 2 Pursuant to G. L. c. 151A, § 39 (b), the plaintiff requested a hearing on this determination, which was held on *576 June 13, 1983.”
Schulte v. Dir. of the Div. of Emp. Sec., 379 N.E.2d 588 (Mass. 1978). “See G. L. c. 151A, § 39. Following *109 an appeal by the plaintiff to the board, a review examiner held a de nova hearing on the claim and once again the benefits were denied.”
DaLomba v. Dir. of the Div. of Emp. Sec., 337 N.E.2d 687 (Mass. 1975). “” the request was in fact filed late, and G. L. c. 151A, § 39, 1 2 being mandatory, precludes allowance of an extension.”
Nantucket Cottage Hosp. v. Dir. of the Div. of Emp. Sec., 446 N.E.2d 75 (Mass. 1983). “The claimant appealed from that determination and requested a hearing pursuant to G.L. c. 151A, § 39 (b). The review examiner reversed the determination of the director’s representative thereby entitling the claimant to receive benefits if she were otherwise qualified.”
Clemons v. Dir. of the Div. of Emp. Sec., 478 N.E.2d 951 (Mass. 1985). “We have recognized, however, that “[a] claimant who is found to have been directly discouraged by an administrative official from pursuing an appeal has good cause under G. L. c. 151A, § 39 (b), for any consequent delay in filing that appeal.”
Worcester Telegram Publ'g Co. v. Dir. of the Div. of Emp. Sec., 198 N.E.2d 892 (Mass. 1964). “See G. L. c. 151A, §§ 39, 40. On August 28, 1958, the board of review affirmed the director’s decision.”
Fontana v. Commr. of the Metro. Dist. Comm., 606 N.E.2d 1343 (Mass. App. Ct. 1993). “[7] *71 Although the record does not indicate what kind of DET hearing Fontana had in connection with obtaining unemployment benefits, since the benefits were contested, we assume that the hearing was a plenary one comporting with the safeguards provided in G.L.c. 151A, § 39.…”
Show all 19 citing cases →
— Mass. Gen. Laws ch. 151A, § 39(a) — 1 case
Dicerbo v. Nordberg, 8 Mass. L. Rptr. 160 (Mass. Super. Ct. 1998).
— Mass. Gen. Laws ch. 151A, § 39(b) — 1 case
Dicerbo v. Nordberg, 8 Mass. L. Rptr. 160 (Mass. Super. Ct. 1998).
— Mass. Gen. Laws ch. 151A, § 39(h) — 1 case
Boston Bicycle Couriers, Inc. v. Deputy Dir. of the Div. of Emp. & Training, 778 N.E.2d 964 (Mass. App. Ct. 2002). “See G. L. c. 151A, § 39(h); Conservation Commn.”
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