§ 40-2-609. Rule of decision.

RULE OF DECISION.

A final decision of the Board of Review, or of an Appeal Tribunal referee, and the principles of law declared in arriving at such decision, unless expressly or impliedly overruled by a later decision of the Board of Review or by a court of competent jurisdiction, shall be binding upon the Commission and Appeal Tribunal referees in subsequent proceedings which involve the same questions of law; provided, if in connection with any subsequent proceeding an Appeal Tribunal referee has serious doubt as to the correctness of any principle so declared he or she may certify his or her findings of fact in the case, together with the question of law involved, to the Board of Review, which, after giving notice and reasonable opportunity for briefing to all parties to the proceeding, shall return to the Commission adjudicator, the Appeal Tribunal referee and the parties its answer to the question submitted by written decision.  Any decision made by the Board of Review on a certified question shall be subject to judicial review pursuant to Section 2-610 of this title.

Added by Laws 1980, c. 323, § 2-609, eff. Oct. 1, 1980.  Amended by Laws 2011, c. 256, § 8.