Texas Labor Code Title 4, Chapter 212 - Dispute Resolution
SUBCHAPTER A GENERAL PROVISIONS
- Texas 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 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 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 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 Section 212.005 - Chargeback On Reversal Of Determination Or Decision Allowing Benefits Prohibited; Exception
(a) Except as provided by Subsection (b), a chargeback may not be made to an employer's account because of payments having been made under a...
SUBCHAPTER B EXAMINERS
- Texas 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 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 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 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...
SUBCHAPTER C APPEAL TRIBUNALS
- Texas 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 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 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 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 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 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...
SUBCHAPTER D COMMISSION REVIEW
- Texas 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 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 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, Sec. 1,...
SUBCHAPTER E JUDICIAL REVIEW OF COMMISSION DECISION
- Texas 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 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 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 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 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 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 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 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 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 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: September 28, 2016