Labor and Labor Relations
Employment Security Benefits
§ 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
(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
(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
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.)