S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3053
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2025
                                ___________
 
 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]  THE  CLAIMANT'S  claim  for benefits or any other party,
 including any  employer  whose  employer  account  percentage  might  be
 affected by such determination 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 DEPART-
 MENT, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06078-01-5
              

 A. 3053                             2
 
 appeal  within  thirty  days  of the initial determination. Any employer
 whose employer account percentage might be  affected  by  such  determi-
 nation,  irrespective  of  whether or not such employer was a party to a
 hearing brought hereunder, shall have access to all records of any hear-
 ing  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 statu-
 tory 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.