Appeals Guide - Definition Of Appeal Terms

The following definitions are followed by the Alaska Statute (designated by "AS") or Alaska Administrative Code (designated "AAC") citation numbers that create the definition. NOTE: Statutes and codes are not individually hyperlinked. After hyperlinking to a statute or code section, you must scroll to the exact citation you seek.

"Claimant" means:
"an individual who has filed a request for a determination of insured status, a notice of unemployment, a certification for waiting-week credit, or a claim for benefits." [AS 23.20.520(7)]

"Employer" means:
"(A) an employing unit which for some portion of a day within the calendar year has or had in employment one or more individuals; and
(B) for the effective period of its election under AS 23.20.325, an employing unit which has elected to become subject to this chapter." [AS 23.20.520(9)]

"Employing Unit" can mean:
An individual, business, government or nonprofit entity, for which someone provides services for compensation. For a statutory definition, see AS 23.20.520(10)

"Fair Hearing:"
"Each party shall be promptly given a reasonable opportunity for fair hearing. An appeal tribunal shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to statutory and common law rules. The appeal tribunal shall include in the record and consider as evidence all records of the department that are material to the issues." [AS 23.20.420(a)]

"Interested Party" means:
"(A) the claimant for unemployment insurance benefits;
(B) an employing unit, if the determination or the appeal relates to a claimant's separation from that employing unit, or the liability of the employing unit for contributions;
(C) the director or any employee of the division designated by the director; and
(D) any other person who, upon written application to the department, is found by the department to have an interest in the determination or in an appeal arising from the determination." [8 AAC 85.010(5)]

"Reopening requests:"
"A hearing may be... reopened on the appeal referee's own motion or at the request of an interested party. All requests must explain in detail the reasons for the request. If a party fails to appear in person or by authorized agent at a hearing, the appeal referee may reopen the hearing only if the party failed to appear because of circumstances beyond the party's control. All other requests may be granted only if there is a good cause." 8 AAC 85.153(f). Hearings may be reopened, in part or in whole, if perjury, fraud, or coercion affected the appeal process. AS 23.20.450.

"Representative:"
"A party to the appeal may be represented by his counsel, representative, or other agent." [8 AAC 85.153(b)] The representative need not be an attorney, but the representative should be someone who is familiar with the matter under appeal or can otherwise assist the party.