See full answerYou give the reason for your separation when you file your claim. This information along with a questionnaire is sent to your former employer for completion. If your separation is other than a lack of work, it will be necessary for a deputy (sometimes referred to as a hearing officer) to talk with you by telephone about your separation from work. Your employer may request to participate in the interview, or he may provide additional information in writing or by telephone. You have the right to review and comment on any information provided by your employer. The deputy will make a decision whether you are eligible to receive benefits. This decision will be contained in a “Notice of Deputy’s Determination” which will be sent to you and your employer.
Are parties allowed to tape record their own unemployment benefits appeal hearings?
No. The appeals examiner makes the official recording of the hearing. Parties desiring to engage the services of a court reporter may do so, at their own expense.
What is the next step after filing the unemployment benefits appeal?
After filing an appeal from the appeals examiner’s decision, a Notice of Appeal will be mailed to all parties along with the appeal itself. The Notice of Appeal is a means to advise the parties that an appeal has been filed and to provide additional information. Unless a hearing is requested in writing, the case will be assigned to a special examiner who will review all of the information previously submitted and make a decision. Please thoroughly read the Notice of Appeal that you received.
How are parties advised if an unemployment benefits appeal has been filed?
If an appeal is filed, all parties to the case will be sent a Notice of Appeal. This notifies the appealing party that the appeal has been received and notifies other parties that an appeal has been filed. The Notice of Appeal indicates a hearing will be scheduled in the near future.
When is my unemployment benefits appeal hearing?
Hearings are not automatically scheduled at the Commission level. A hearing before the Commission must be requested in writing. That request must be made within 14 days from the date the Notice of Appeal was mailed.
What should parties expect at unemployment benefits appeal hearings?
See full answerHearings are informal; however, all testimony is taken under oath and an official record is made of all testimony and exhibits introduced into evidence. An appeals examiner will preside over the hearing. The appeals examiner will insure all parties are granted a reasonable opportunity for a hearing. This means each party will be given the opportunity to present evidence, to subpoena and question witnesses, to review all documentation and exhibits offered into evidence and to make arguments on their behalf. The appeals examiner will assist unrepresentative parties in presenting their cases and testing the cases of the opposing parties. All parties, witnesses and representative parties are expected to be courteous and non-disruptive. The appeals examiner will insure each party is allowed to participate in an orderly manner. Individuals who become disruptive may be excluded from the hearing and prevented from further participation in the case.
What should the parties consider concerning witnesses for unemployment benefits appeal hearing?
See full answerParties have the right to call witnesses on their behalf. Usually witnesses with first-hand knowledge should be called. This generally means eyewitnesses. Parties should be familiar with the substance of their witnesses’ testimony before calling them to testify.This means that once a certain fact has been established, additional witnesses whose testimony is merely repetitive, will usually not be allowed to testify, except in rebuttal. Witnesses will be subject to the questioning of the opposing party and the appeals examiner. Parties should contact their witnesses as soon as possible. If a key witness cannot be present for a hearing the party should contact the clerk’s office immediately at (804) 786-3020 and request the hearing be postponed, rescheduled or request permission to allow the witness to participate by telephone.
Will there be a hearing for unemployment benefits appeal?
Yes, in all cases, unless an appeal is withdrawn or a procedural issue requires the case to be referred to the deputy for another determination.
