Defect of Process

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Defect of Process

Post  nckrystalblue on Mon Sep 28, 2009 1:26 am

Hello! Hope everyone is well...it's been awhile since my last visit.

Please define/explain the term "defect of process" as it relates to an Unemployment Appeal. My initial thought is that it implies a violation of commission regulations (to which you previously linked me to, thanks) during the course of proceeding.

I just want to be clear in my understanding.

Thanks!
KB
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Re: Defect of Process

Post  Mr. Pink on Wed Sep 30, 2009 1:24 am

nckrystalblue wrote:Hello! Hope everyone is well...it's been awhile since my last visit.

Please define/explain the term "defect of process" as it relates to an Unemployment Appeal. My initial thought is that it implies a violation of commission regulations (to which you previously linked me to, thanks) during the course of proceeding.

I just want to be clear in my understanding.

Thanks!
KB

*PLEASE NOTE THAT THIS IS NOT LEGAL ADVICE*

A defect of process means that there is some type of allegation that the rules on how the unemployment notices was served, responded to, etc. were not properly followed. Under North Carolina law, the Rules of Civil Procedure must be followed for unemployment appeals. You can find the specific rules for process for unemployment appeals can be found here:

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_1A/GS_1A-1,_Rule_4.pdf

It is unclear from the post whether the issue is defect of process on the claimant or on the state. If it is on the claimant, then the task is to figure out where the defect potentially exists, and to figure out arguments as to why the allegation is either incorrect, or why it should not matter for the ultimate outcome. If it is a defect on the State, then it is something that the claimant needs to argue strenuously.

Hope that helps.

Mr. Pink
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