§28-44-57  Fees and costs chargeable. –


Published: 2015

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TITLE 28

Labor and Labor Relations

CHAPTER 28-44

Employment Security – Benefits

SECTION 28-44-57



   § 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 fifty dollars

($50.00), 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.



History of Section.

(P.L. 1936, ch. 2333, § 13; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch.

284, § 13; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206,

§ 1; G.L. 1956, § 28-44-57; P.L. 1958 (s.s.), ch. 215, § 3; P.L.

1975, ch. 39, § 1; P.L. 1998, ch. 369, § 3; P.L. 1998, ch. 401,

§ 3; P.L. 2013, ch. 144, art. 14, § 3.)