Late Appeals Filed Beyond 30 Days
Effective Jan 12, 2018Mass. Register #1356MGL c. 23, § 9J MGL c. 29, § 9J MGL c. 151A, §§ 1, 22, 23, 24, 25, 28a(b), 37, 66, 68Department of Unemployment Assistance
The 30 day limitation on filing a request for a hearing shall not apply where the party establishes that:
- (1) A Division employee directly discouraged the party from timely requesting a hearing and such discouragement results in the party believing that a hearing is futile or that no further steps are necessary to file a request for a hearing;
- (2) The Commissioner's determination is received by the party beyond the 30 day extended filing period and the party promptly files a request for hearing;
- (3) The Commissioner's determination is not received and the party promptly files a request for a hearing after he or she knows that a determination was issued.
(4) An employer threatened, intimidated or harassed the party or a witness for the party, which resulted in the party's failure to file for a timely hearing.
USE OF INTERPRETERS