S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6945
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2023
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to an individual's  right  to
   request a hearing regarding an unemployment insurance benefits claim
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 6 of section 596 of the labor law is amended by
 adding a new paragraph (e) to read as follows:
   (E) IF THE INDIVIDUAL DOES NOT BEGIN TO RECEIVE BENEFITS OR  DOES  NOT
 RECEIVE  A  WRITTEN  NOTICE  OF DETERMINATION DENYING THEIR CLAIM WITHIN
 THIRTY DAYS OF FURNISHING ALL OF THE INFORMATION  REQUIRED  UNDER  PARA-
 GRAPH  (A)  OF  SUBDIVISION  TWO OF SECTION FIVE HUNDRED NINETY-SEVEN OF
 THIS TITLE, THEY HAVE THE RIGHT TO REQUEST A  HEARING  AS  DESCRIBED  IN
 PARAGRAPH  (A)  OF SUBDIVISION ONE OF SECTION SIX HUNDRED TWENTY OF THIS
 ARTICLE.
   § 2. Paragraph (a) of subdivision 1 of section 620 of the  labor  law,
 as  amended  by  chapter  554 of the laws of 2010, is amended to read as
 follows:
   (a) A claimant who is dissatisfied with an  initial  determination  of
 his or her claim for benefits or any other party, including any employer
 whose  employer  account  percentage  might be affected by such determi-
 nation may, within thirty days after the mailing or personal delivery of
 notice of such determination, request a hearing.  WHERE SUCH  NOTICE  OF
 DETERMINATION  HAS NOT BEEN ISSUED BY THE DEPARTMENT, OR RECEIVED BY THE
 CLAIMANT, WITHIN THIRTY DAYS OF CLAIMANT'S FILING A CLAIM  FOR  BENEFITS
 AND  FURNISHING THE REQUIRED INFORMATION, AS PROVIDED FOR BY SUBDIVISION
 ONE OF SECTION FIVE HUNDRED NINETY-SEVEN OF THIS ARTICLE,  THE  CLAIMANT
 MAY  REQUEST  A  HEARING UNDER THE PRESUMPTION THAT THEIR CLAIM HAS BEEN
 DENIED. The referee may extend the time fixed for requesting a  hearing,
 upon  evidence  that  the physical condition or mental incapacity of the
 claimant prevented the claimant from filing an appeal within thirty days
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10982-01-3
              

 A. 6945                             2
 
 of the  initial  determination.  Any  employer  whose  employer  account
 percentage  might  be  affected  by  such determination, irrespective of
 whether or not such employer was a party to a hearing brought hereunder,
 shall have access to all records of any hearing brought hereunder by any
 party  relating  to  such  determination,  provided, however, that those
 records shall be subject to redaction or shall be withheld in accordance
 with applicable federal or state statutory and  regulatory  requirements
 governing  information  confidentiality and personal privacy, including,
 but not limited to, article six and article six-A of the public officers
 law.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such date.