Unemployment Insurance Appeals Board

The Unemployment Insurance Appeals Board (UIAB or Board) is made up of three members of the public who are not state employees.  Mont. Code Ann. § 2-15-1704.  The Governor appoints individuals to the Board, and they typically serve for periods of four years.  Id.  The Board meets regularly to review and consider appeals which the Office of Administrative Hearings (OAH) issued about unemployment insurance benefit claims.  Mont. Code Ann. §§ 39-51-310 and 39-51-2404.   The next Board meeting’s agenda can be found on this page. The Board is governed by Montana statutes found in Title 39, Chapter 51, and administrative rules Title 24 Chapters 7 and 40.  See below for links to the relevant statutes and administrative rules.

Parties that disagree with the decision from OAH may appeal that decision to the Board by filing an appeal no later than ten days from the date of the OAH decision.  Mont. Code Ann. § 39-51-2403.  Instructions for filing an appeal, along with the appeal deadline, can be found in the parties’ OAH decision.  The ten-day filing period may only be extended for good cause, as defined in Admin. R. Mont. 24.40.101(12).  Id.

At a Board review proceeding, the Board considers whether the OAH decision is supported by substantial evidence or contains errors of law or fact.  Admin. R. Mont. 24.7.306(2).  To prepare for the proceeding, the Board reviews portions of the administrative record, parties’ timely filed written arguments, parties’ oral arguments made during the review proceeding, and any new evidence which meets the requirements of Admin. R. Mont. 24.7.306(3) and is admitted into the record.  Id. at (1).

Parties who appear before the Board for their scheduled review are given a total of ten minutes to present arguments and closing statements.  The party who appealed the OAH decision begins and is followed by the non-appealing party.  It is in parties’ best interests to address the issue(s) before the Board and prepare by reading the Guide to UIAB Reviews and/or Board Reviews: Frequently Asked Questions, which can be downloaded by clicking on the related button below. 

The Board will issue a written decision to the parties at their address of record.  It is your responsibility to make sure the Board has your current mailing address or, if you want to receive your decision by email, your email address.  If you disagree with the Board’s decision, you may appeal by filing a petition for judicial review.  Mont. Code Ann. § 39-51-2410.  See the Notice of Appeal in the Board decision.  For more information about how to file a petition, or to download the form, see below.

What to expect and how to prepare for the Board’s review of your appeal? See “Board Reviews”.