(b) When the initial determination of a claim for benefits, upon which
a hearing has been requested, involves the question whether any person
is or was an employer within the meaning of this article and is or was
liable for the payment of contributions under this article, or the
question whether an employer has fully complied with the obligations
imposed by this article, written notice of the hearing shall be given to
such persons or employer, either personally or by mail, and thereupon
he, she or such employer shall be deemed a party to the proceeding,
entitled to be heard. Upon such notice having been given, the referee
may then decide such question or questions and any other issue related
thereto, and his or her decision shall not be deemed limited in its
effect to the immediate claimant making the claim for benefits but shall
be deemed a general determination of such questions with respect to all
those employed by such person or employer for all the purposes of this
article, and such decision shall be conclusive and binding upon the
claimant and such person or employer, subject, however, to the right to
appeal hereinafter provided.
2. Contested determinations, rules, or orders. Any employer who claims
to be aggrieved by the commissioner's determination of the amount of the
employer's contributions or by any other rule or order of the
commissioner under any provision of this article may apply to the
commissioner for a hearing within thirty days after mailing or personal
delivery of notice of such determination, rule, or order.
3. Decisions. Every hearing as herein provided for shall be held by a
referee who shall render his or her decision within five days after the
hearing is concluded. Written notice of the referee's decision,
containing the reasons therefor, shall be promptly given to the claimant
or employer, to the commissioner, and to any party affected thereby who
appeared at the hearing. Publication of a referee's decision or of any
appeal board decision shall be subject to redaction or shall be withheld
in accordance with applicable federal or state statutory 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.
The decision of a referee shall be deemed the decision of the appeal
board from the date of the filing thereof in the department, unless an
appeal is taken from such decision to the board in accordance with the
provisions of this article or unless the board on its own motion or on
application duly made to it modify or rescind such decision.
4. Whenever any deaf person is a party to a hearing conducted before a
referee, or a witness thereon, the referee shall in all instances,
appoint a qualified interpreter who is certified by a recognized
national or New York state credentialing authority to interpret the
proceedings to and the testimony of such deaf person. The commissioner
shall determine a reasonable fee for all such interpreting services, the
cost of which shall constitute expenses under this article.