2019 -- S 0910

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LC002602

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY--

BENEFITS

     Introduced By: Senators Pearson, McCaffrey, Goodwin, and Gallo

     Date Introduced: May 22, 2019

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-44-57 of the General Laws in Chapter 28-44 entitled

"Employment Security - Benefits" is hereby amended to read as follows:

     28-44-57. Fees and costs chargeable.

     (a) No individual claiming benefits shall be charged fees of any kind by the director or

his or her representative, or by the board of review or its representatives, in any proceeding under

chapters 42 -- 44 of this title. Any individual claiming benefits in any proceeding or court action

may be represented by counsel or other duly authorized agent. The director shall have the

authority to fix the fees of that counsel or other duly authorized agent, but no counsel or agent

shall together be allowed to charge or receive for those services more than ten percent (10%) of

the maximum benefits at issue in that proceeding or court action but not less than fifty dollars

($50.00) except as specifically allowed by the superior court.

     (b) In any case in which either an employer appeals from a determination in favor of the

claimant or a claimant successfully appeals a decision unfavorable to the claimant to an appeals

body other than a court of law and the claimant retains an attorney-at-law to represent him or her,

the attorney shall be entitled to a counsel fee of ten percent (10%) of the amount of benefits at

issue before the appeals body but not less than two hundred fifty dollars ($250), which shall be

paid by the director out of the employment security administrative funds, within thirty (30) days

of the date of his or her appearance.

     (c)(1) An attorney-at-law who represents an individual claiming benefits on an appeal to

the courts shall be entitled to counsel fees upon final disposition of the case and necessary court

costs and printing disbursements as fixed by the court.

     (2) The director shall pay those counsel fees, costs, and disbursements out of the

employment security administrative funds in each of the following cases:

     (i) Any court appeal taken by a party other than the claimant from an administrative or

judicial decision favorable in whole or in part to the claimant;

     (ii) Any court appeal by a claimant from a decision denying or reducing benefits awarded

under a prior administrative or judicial decision;

     (iii) Any court appeal as a result of which the claimant is awarded benefits.

     SECTION 2. This act shall take effect upon passage.

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LC002602

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY--

BENEFITS

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     This act would eliminate the provision requiring payment of attorney fees from the

employment security administrative fund for successful representation of a claimant for

employment security (unemployment) benefits.

     This act would take effect upon passage.

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LC002602

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