Occ. Code 6864200














New York State Department of Civil Service


Classification Standard





            Unemployment Insurance Reviewing Examiners apply the Unemployment Insurance (UI) Law, administrative rulings and precedent adjudicated decisions, to determine worker status and employee coverage under the UI Law, employer UI tax liability and experience rating, and UI benefit claims contingent on employee coverage or employer liability.  These positions are classified only in the Department of Labor.




            UNEMPLOYMENT INSURANCE REVIEWING EXAMINER:  journey level; performs the full range of duties associated with making determinations on employer liability and worker status, employee coverage, penalty assessments, wage reporting accuracy issues, and reviewing data that may indicate possible UI fraud related activities for referral to appropriate Department offices. 


            SENIOR UNEMPLOYMENT INSURANCE REVIEWING EXAMINER:  working supervisor; supervises a unit of UI Reviewing Examiners and other subordinate staff; makes determinations concerning questions of liability and coverage, penalty assessments and wage reporting issues; personally resolves the most sensitive or complex issues; prepares appeal briefs to support Commissioner of Labor appeals; evaluates case law decisions for inclusion in the UI Division’s on-line Directory of Tax Liability Case Law and for the development of industry specific worker status guidelines.


            ASSOCIATE UNEMPLOYMENT INSURANCE REVIEWING EXAMINER: second level supervisor; provides administrative and technical direction to one or more sub-units; coordinates volume of cases assigned to each unit; reviews work for technical accuracy; personally handles precedent setting cases; coordinates unit activities with other Department offices.


            SUPERVISING UNEMPLOYMENT INSURANCE REVIEWING EXAMINER:  one position class; manages the UI Liability and Determination Reviewing Subsection; provides advice and assistance to the Chief of UI Liability Review; reviews and analyzes employer liability issues and coordinates with other DOL offices to ensure uniform application of UI Laws, rules, regulations and policy.


            CHIEF OF UNEMPLOYMENT INSURANCE LIABILITY REVIEW:  one position class; plans, directs, coordinates and evaluates all activities of, and develops policy for, the Unemployment Insurance Division’s Liability and Determination (L&D) Section, i.e., the UI Liability Reviewing Subsection and the Registration Subsection.




            Labor Services Representatives (LSRs) elicit information from Department of Labor customers in order to direct them to appropriate employment and re-employment services available from the Department as well as from other governmental agencies.  Incumbents are also responsible for Unemployment Insurance benefit claims processing and benefit claim eligibility adjudication activities.  


            Senior Unemployment Insurance Hearing Representatives review contested Unemployment Insurance determinations made by LSRs and UI Reviewing Examiners.   As the representative of the Commissioner of Labor, they prepare and present selected cases at Unemployment Insurance Referee hearings, examine and cross-examine witnesses, and present evidence.  They also review UI Referee and Unemployment Insurance Appeal Board decisions to determine whether further action is appropriate.  


            Unemployment Insurance Investigators analyze, investigate, and make determinations on cases of fraud, collusion, conspiracy, and other matters involving violations of the Unemployment Insurance Law by employers, including self-employing entities and claimants.  Incumbents review complaints received regarding possible fraudulent receipt of unemployment insurance benefits; conduct field investigations to gather pertinent information and evidence; locate, interview, and obtain written statements, depositions, and affidavits from appropriate parties; examine relevant records to determine status of claimants and/or their eligibility for unemployment insurance; apply pertinent laws, rules, and regulations, and precedent decisions to facts established; make determinations from investigative findings and prepare written narrative reports; testify at hearings; and work with law enforcement agencies in prosecuting violators.


Unemployment Insurance Accounts Examiners perform a variety of accounting activities to adjust employers’ tax accounts and answer employers’ inquiries concerning overpayment, underpayment and assigned tax rates.  Incumbents determine the status of employers’ tax accounts based on provisions of the UI Law, Department of Labor policy and procedures and the various aspects of the tax accounts and experience rating system, but do not make complex interpretations of law or precedent or exercise the level of independent judgment expected of UI Reviewing Examiners.




            UNEMPLOYMENT INSURANCE REVIEWING EXAMINER:  applies  the UI law, Rules and Regulations, Department of Labor guidelines, policies, and precedent adjudicated decisions to determine employer  liability and employee coverage.


·        Prepares initial brief of protested employer liability and claimant coverage determinations for submission for hearing.


·        Corresponds with employers, Unemployment Insurance Telephone Claims Centers (TCCs), UI Tax Services, and other government agencies regarding determinations concerning liability and coverage.


·        Makes determination; reviews employers' objections to determinations, re-evaluates original determinations on the basis of new information provided; reviews employer protests concerning the assessment of penalties for failure to report accurate employment and wage data to the Department of Labor and the State Department of Taxation and Finance on a timely basis; and informs employer of further determination.


·        Resolves discrepancies in the wage reporting file; analyzes the data provided by the Department of Taxation and Finance on wage data; explains proper wage reporting filing procedures to employers.


·        Explains experience rating or benefit reimbursement charges levied on employers’ accounts; approves/denies refunds and credits to an employer account; reviews joint account employer applications for approval/disapproval; and approves/disapproves transfers of experience to other employer experience rating accounts.


·        Reviews data that may indicate possible UI  fraud related activities and reports instances of suspected fraud to appropriate DOL office and provides statistical data regarding suspected fraud to the UI Division management.


·        Reviews the status of municipal corporations, non-profit organizations and Indian Tribes to determine liability for payment of UI benefits; resolves technical and legal questions concerning the status of government agencies, non-profit organizations and Indian Tribes as liable employers, and requests for the benefit reimbursement option.  


·        Reviews audits and delinquency assignments where employer status has changed; ensures the correct application of law, precedent decisions, and Department guidelines and policies when a hearing is requested; approves or disapproves employer shared work program applications and modifications; and provides technical assistance to employers regarding the shared work program.


            SENIOR UNEMPLOYMENT INSURANCE REVIEWING EXAMINER:  supervises a unit of UI Reviewing Examiners and support staff in the determination of employer liability, worker status and claimant entitlement.  Senior UI Reviewing Examiners perform the full range of case review activities of UI Reviewing Examiners in overseeing and making determinations on the more complex cases.


·        Determines liability in high profile, sensitive or complex special assignments and cases, and alerts management staff by a summary thereof.


·        Reviews cases where employers, their legal representatives or other DOL units request cancellation of liens and warrants.


·        Reviews requests from other DOL units, employers or their legal representatives concerning interest assessments.


·        Reviews request from non-profit or governmental employers or Indian Tribes for retroactive election of payments in lieu of contributions.


·        Authorizes the application of the Interstate Reciprocal agreement on behalf of the Commissioner of Labor.


·        Provides technical assistance to staff on complex shared work program issues.


·        As prescribed by law, limits disclosure of employer information by overseeing the proper maintenance of power of attorney agent and client files, and reviews and approves/disapproves other requests for disclosure of information.


·        Makes determinations on approval or dissolution requests of sensitive joint account issues, such as whether requests are timely or the conditions otherwise prescribed by law or rule are met.


·        Represents the unit in inter/intra-agency work groups, and may implement new or revised program legislation, develop and write operating procedures and coordinate and facilitate technical training programs on data sources, policies and guidelines. 


·        Reviews Unemployment Insurance Appeal Board cases; analyzes case materials including Unemployment Insurance Tax Services Informal Conference Reports, analyzes and recommends adverse  UI Referee, Appeal Board and court decisions for potential Commissioner of Labor appeal; researches industry specific UI case law; coordinates the review of new cases presenting the agency’s position to be heard at an impartial hearing before an Unemployment Insurance Referee; analyzes and prepares appeal briefs to support Commissioner of Labor appeals; and initiates enforcement of final UI Referee, Appeal Board and Court decisions. 


·        Reviews pending litigation cases; assures that all participants meet notification and timeliness requirements of UI Law regarding pending litigation; researches industry specific UI case law and participates in development of Department guidelines for DOL staff as well as for employers, and employer representatives; researches and establishes priorities for industry cases where there is some special issue or UI matters currently in litigation; and prepares case law summaries for publication in the Department’s on-line Directory of Tax Liability case law.


·        Oversees the review of data that may indicate possible UI fraud activities and the referral to appropriate Department offices, and recommends enhancements to current data review activities and/or requests data for new review activities.


            ASSOCIATE UNEMPLOYMENT INSURANCE REVIEWING EXAMINER: oversees a unit or units of professional and clerical staff who make determinations on employer liability and worker status, employee coverage, penalty assessments, wage reporting activities; and who review and analyze data that may indicate possible UI fraud related activities.


·        Reviews workload and daily production, ensuring adequate production levels and identifying areas for improvement.


·        Reviews handling of experience rating charge protests, penalty assessment protests, and employer liability or worker status determination protests from employers to ensure appropriate decisions were made by subordinate staff and were written in the required format. Reviews briefs prepared for new or appealed cases for thoroughness and proper documentation.


·        Confers with Telephone Claims Center supervisory staff seeking immediate determination or verification regarding claimant coverage. 


·        Directs referral of fraud and benefit integrity abuse allegations to appropriate agency investigations staff and coordinates with other DOL offices, State agencies and other states to obtain data related to alleged employer fraud activities.


·        Assures the thorough review of appealed cases by liaison with the DOL Counsel’s Office and review of appealed decisions to refer to the appropriate office; follows up within DOL regarding employer tax issues and recommends further appeals action by Adjudication Services Office. 


·        Reviews summaries of precedent cases to determine new considerations in law or policy and disseminates this information.


·        Meets with employer groups and other representatives to inform them of employer tax liability issues.


·        Develops policy statements and guidelines used to determine the status of workers covered under the UI program.


·        Acts as Department expert at UI Appeal Board hearings providing testimony regarding policy and procedures.


            SUPERVISING UNEMPLOYMENT INSURANCE REVIEWING EXAMINER:  manages UI Liability Reviewing Subsection; provides advice and assistance to the Chief of UI Liability Review concerning policy, implementation of the UI Law, legislative proposals and procedures; ensures that determinations made by the State regarding employer liability are appropriate, consistent and timely.


·        Analyzes effects of decision by UI Referees, Unemployment Insurance Appeal Board, Appellate Division, or Court of Appeals on Division or Department policies and operations and recommends changes and possible further appeal.


·        Makes determinations in very difficult or complex cases concerning coverage and liability, experience rating, penalty assessments and other conditions of status and liability which would be precedent setting.


·        Resolves issues concerning employer liability and worker status, and coordinates policy interpretations.


·        Ensures accurate interstate reciprocal transfers of contributions.


·        Manages work flow and quality within Liability and Determination section; establishes measures of workload and production, determines appropriate staffing levels and ensures unit efficiency.


·        Assists in the development of the Liability and Determination Unit budget.


·        Conducts and facilitates staff training on legislation, precedent case law, interpretations, programs, policies and procedures.


·        Provides summary/analysis for Chief and/or Bureau Director on high profile liability/coverage cases.


·        Meets with employer groups and other representatives to discuss UI tax related issues.


CHIEF OF UNEMPLOYMENT INSURANCE LIABILITY REVIEW:  oversees the Section responsible for determinations regarding employment status, employee coverage, employer UI tax liability, penalty assessments and experience rating applying UI Law, rulings and decisions by the Commissioner of Labor, and the UI Appeal Board and courts; oversees the Section responsible for the initial determination, registration and status maintenance of employers liable under the law. 


·        Directs the review of tax liability cases involving employer inquiry and/or protest and verification of coverage for individual claimants/employees.


·        Manages the development and issuance of policies and procedures regarding changes in employer liability and/ or employee coverage resulting from amendments to and interpretations of the UI Law and case law; proposes and drafts new legislation and revised procedures in cooperation with UI Division management; ensures that L&D operations are adjusted to accommodate these changes and any increased volume of activity.


·        Directs the analysis of materials, interpretation of the law and precedents, and the issuing of determinations in complex cases, or those having broad impact, and may personally respond to employers or their representatives; oversees and approves research and the preparation of position papers presented before UI Referees and the UI Appeal Board and Courts.


·        Oversees the review of data that may indicate possible UI fraud related activities and the referral to appropriate Department offices; reviews and coordinates these activities with other Department offices conducting similar activities.


·        Reviews the analysis of UI Referee, UI Appeal Board and court decisions to discover trends, patterns and decisions appearing in conflict with legal precedents to recommend additional litigation or withdrawal from the appeals process.


·        Oversees the preparation of technical materials and case summaries for distribution to both Department staff and the public on issues of liability, coverage and experience rating and penalty provisions of the UI law and addresses employer groups and their legal representatives on the foregoing issues.


·        Represents the UI Division Director at workshops and interstate conferences on issues of liability, coverage, and other aspects of UI law; communicates with all levels of elected officials and/or their staffs on issues affecting their constituents and/or proposed legislation.


·        Directs operations involving the registration of new firms, the maintenance of employer account status and employer name and address records; directs the analysis and evaluation of employer registration methods, the development of outreach strategies and policies and the implementation of procedures to maintain current and accurate account status, name, and address and other employer information.


·        Coordinates the introduction of new automated systems with DOL information technology staff.


·        Identifies L&D Section staffing and training needs; prepares the Section’s budget and takes action if additional staff, different titles or specific training is needed.


·        Informs UI Division management about the status and progress of L&D activities through meetings and periodic reports, and assists management in planning and coordinating activities of the UI Division. 






Promotion:  A) two years in a title allocated to Grade 9 or higher; or B) one year in a title allocated to Grade 13 or higher.


Open Competitive:  A Bachelor’s Degree.  Upon successful completion of a one-year traineeship program, candidates are advanced to Unemployment Insurance Reviewing Examiner without further examination.




Open Competitive: a Bachelor’s Degree AND one year of experience in the determination of contributor rates or in making quasi-legal determinations regarding coverage and liability of contributors to a privately financed fund.




Promotion: one year of permanent experience as an Unemployment Insurance Reviewing Examiner.




Promotion: one year of permanent experience as a Senior Unemployment Insurance Reviewing Examiner.




Promotion: one year of permanent experience as an Associate Unemployment Insurance Reviewing Examiner.




Promotion:  one year of permanent service as a Supervising Unemployment Insurance Reviewing Examiner.




Revised:  11/03










NOTE: Classification Standards illustrate the nature, extent and scope of duties and responsibilities of the classes they describe.  Standards cannot and do not include all of the work that might be appropriately performed by a class.  The minimum qualifications above are those which were required for appointment at the time the Classification Standard was written.  Please contact the Division of Staffing Services for current information on minimum qualification requirements for appointment or examination.