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Texas Labor Code - Chapter 212 Dispute Resolution

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  • Texas Labor Code Section 212.001 - Procedures
    The manner in which disputed claims are presented, the reports on disputed claims required from claimants, employers, or other persons, and the conduct of hearings ...
  • Texas Labor Code Section 212.002 - Record
    (a) A complete record shall be kept of proceedings in connection with a disputed claim. (b) Testimony at any hearing on a disputed claim shall ...
  • Texas Labor Code Section 212.003 - Witness Fees
    (a) A witness subpoenaed under this chapter is entitled to a fee at a rate set by the commission. (b) The witness fee is an ...
  • Texas Labor Code Section 212.004 - Payment Of Benefits Pending Appeal
    (a) Except as otherwise provided by this section, benefits shall be paid in accordance with a final determination. (b) Benefits shall be paid promptly in ...
  • Texas Labor Code Section 212.005 - Chargeback On Reversal Of Determination Or Decision Allowing Benefits Prohibited
    A chargeback may not be made to an employer's account because of payments having been made under a determination or decision to the claimant for ...
  • Texas Labor Code Section 212.006 - Recovery Of Benefits Paid
    (a) Benefits paid to a claimant that are not in accordance with the final decision shall be: (1) refunded by the claimant to the commission; ...
  • Texas Labor Code Section 212.051 - Determination By Examiner On Notification
    (a) If the person for which a claimant last worked files a notification with the commission as provided by Section 208.004, an examiner shall determine: ...
  • Texas Labor Code Section 212.052 - Determination By Examiner On Examiner's Own Motion
    (a) If a notification as provided by Section 208.004 from the person for which a claimant last worked is not filed, and information on the ...
  • Texas Labor Code Section 212.053 - Determination Final; Appeal
    An examiner's determination is final for all purposes unless: (1) the claimant or the person or branch for which the claimant last worked and to ...
  • Texas Labor Code Section 212.054 - Redetermination By Examiner
    (a) Except as otherwise provided by this subsection, if an examiner discovers an error in connection with a determination or discovers additional information not previously ...
  • Texas Labor Code Section 212.101 - Establishment Of Appeal Tribunals
    (a) The commission shall establish one or more impartial appeal tribunals to hear and decide disputed claims if the establishment of those appeal tribunals is ...
  • Texas Labor Code Section 212.102 - Action By Appeal Tribunal
    Unless the appeal is withdrawn, an appeal tribunal shall affirm or modify the determination of the examiner after giving the parties reasonable opportunity for fair ...
  • Texas Labor Code Section 212.103 - Notice Of Appeal Tribunal Action
    The parties to an appeal shall be notified of the appeal tribunal's decision and the reasons for the decision. Acts 1993, 73rd Leg., ch. 269, ...
  • Texas Labor Code Section 212.104 - Decision Considered Final Commission Decision
    The decision of an appeal tribunal is the final decision of the commission unless further appeal is initiated as provided by Section 212.151 not later ...
  • Texas Labor Code Section 212.105 - Removal Or Transfer Of Claim Pending Before Appeal Tribunal
    (a) The commission may remove to itself or transfer to another appeal tribunal the proceedings on a claim pending before an appeal tribunal. (b) A ...
  • Texas Labor Code Section 212.106 - Rules Regarding Hearings Conducted By Telephone Conference
    The commission by rule shall develop procedures to ensure that an appeal tribunal makes every effort in a hearing conducted by telephone conference under this ...
  • Texas Labor Code Section 212.151 - Review Of Appeal Tribunal Decision
    The commission may: (1) on its own motion: (A) affirm, modify, or set aside any decision of an appeal tribunal on the basis of the ...
  • Texas Labor Code Section 212.152 - Notice Of Commission Action
    The commission promptly shall mail to the parties before it a copy of its findings and decision. Acts 1993, 73rd Leg., ch. 269, § 1, ...
  • Texas Labor Code Section 212.153 - Finality Of Commission Decision
    A decision of the commission becomes final 14 days after the date the decision is mailed unless before that date: (1) the commission by order ...
  • Texas Labor Code Section 212.201 - Commencement Of Judicial Review; Defendants
    (a) A party aggrieved by a final decision of the commission may obtain judicial review of the decision by bringing an action in a court ...
  • Texas Labor Code Section 212.202 - Standard Of Judicial Review; Exceptions Not Necessary
    (a) Judicial review under this subchapter is by trial de novo based on the substantial evidence rule. (b) It is not necessary in a judicial ...
  • Texas Labor Code Section 212.203 - Exhaustion Of Remedies
    (a) A party claiming to be aggrieved by a final decision of the commission may not obtain judicial review of the decision unless the party ...
  • Texas Labor Code Section 212.204 - Filing Of Action
    An action under this subchapter must be filed: (1) in the county of the claimant's residence; or (2) if the claimant is not a resident ...
  • Texas Labor Code Section 212.205 - Petition; Supersedeas
    (a) A petition in an action under this subchapter must state the grounds on which review is sought. (b) A petition for judicial review does ...
  • Texas Labor Code Section 212.206 - Commission Considered Party To Judicial Review; Notice Of Petition
    (a) The commission is considered a party to any judicial action involving a final decision of the commission. (b) A petition to bring an action ...
  • Texas Labor Code Section 212.207 - Representation Of Commission
    The commission may be represented in any judicial action involving a final decision of the commission by any qualified attorney who: (1) is a regular ...
  • Texas Labor Code Section 212.208 - Precedence Over Other Civil Actions
    An action under this subchapter shall be given precedence over all other civil cases except cases arising under the workers' compensation laws of this state. ...
  • Texas Labor Code Section 212.210 - Appeal Bond Not Required
    An appeal bond is not required in an appeal from a decision of a trial court in an action under this subchapter. Acts 1993, 73rd ...
  • Last modified: August 11, 2007