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Requesting a Hearing -- Frequently Asked Questions

General Questions About a Hearing

1. Although I do not have a hearing pending, I need to ask a question about my unemployment insurance claim and have been getting a busy signal when I try to talk to a claims specialist. Can the hearing office help me?
2. Where are the hearing offices?
3. When will my hearing be scheduled?
4. The department’s determination was in my favor – how do I know if the other party has appealed?
5. Why is this employer involved, since I’m not claiming benefits from them?
6. What is an ALJ?
7. Do I need an attorney?
8. Can I be represented by an attorney or an agent at the hearing?
9. Is the department represented by an attorney in an unemployment tax appeal hearing?
10. What does a representative do at a hearing?
11. Is my testimony really needed?
12. Can I speak directly to the administrative law judge who will be hearing my case before, during or after the hearing?
13. Will the hearing be similar to the interview conducted by the department deputy before the determination?
14. Who should come to the hearing?
15. Why is the "burden of proof" important in an unemployment insurance hearing?
16. What is "hearsay" evidence?
17. Are my business records considered "hearsay" testimony?
18. If my company or business receives an unemployment tax determination that it owes unemployment insurance taxes, may these taxes be paid under protest while awaiting scheduling of a hearing and the results of a hearing?

Before a Hearing

1. How do I file an appeal of a determination?
2. What if I want to appeal a determination after the last date listed to appeal?
3. When will my hearing be scheduled?
4. The department’s determination was in my favor – how do I know if the other party has appealed?
5. If I’ve been receiving benefits, and my former employer appeals, do the benefits stop?
6. I have a determination or decision allowing benefits, but I’m not receiving anything.  Why not?
7. I was denied unemployment insurance benefits but filed an appeal, when I call for benefits it tells me I am disqualified, what should I do?
8. Do I need to send anything in before the hearing?
9. What do I do if I have special needs related to my attendance at a hearing?
10. What can I do to prepare for my hearing?
11. I want to participate by telephone; will I be able to?
12. I am scheduled to attend a hearing by telephone but feel more comfortable appearing in person at the hearing location; can I come in person?
13. I am scheduled to participate in a hearing by telephone but will be traveling, can I call the hearing office for the hearing, instead of providing a telephone number to be contacted at?
14. If the hearing has been scheduled, how do I get a postponement?
15. What if I decide to withdraw my request for a hearing?
16. How do I get a witness to testify at a hearing?
17. I am supposed to participate by telephone and will have at least one other witness, is there anything special I should know?
18. How do I get a witness or documents to appear at my hearing if the witness does not want to appear and/or I do not have custody of the documents?

During a Hearing

1. What happens at a hearing?
2. How long will the hearing last?
3. Will my statement be taken over the telephone separately from the employe(r)’s?
4. Is the hearing like the initial fact finding interview?
5. Will someone from the unemployment insurance division represent me at my hearing?
6. Can the hearing be adjourned so that I can get an attorney?
7. What if the day of the hearing arrives and I’m late, or I can’t make it?
8. What if I get to the hearing location and the administrative law judge isn’t ready to hear my case at the time it’s scheduled?
9. If my hearing is scheduled to be held by telephone, and I don’t hear from anyone at the time the hearing is supposed to take place, what do I do?
10. Are there special rules to follow if I want to present videotape or audiotape evidence?
11. Can I just come to the hearing and tell the judge about a document or videotape I’ve personally read or seen?
12. Why do I have to present witnesses in person?

After a Hearing

1. How long after the hearing will I have to wait until I receive the administrative law judge’s decision?
2. Can I appeal the administrative law judge’s decision?
3. If the administrative law judge’s decision denies benefits, should I stop filing weekly claims?
4. I was denied unemployment insurance benefits, filed an appeal, had a hearing and just got a decision allowing unemployment insurance benefits, when do I get my benefits?
5. When do I get my exhibits back?
6. I forgot to tell the administrative law judge something at the hearing, can I talk to him/her after the hearing?
7. Can I get a copy of the administrative law judge’s notes of the hearing?
8. How do I get a copy of the hearing recording?