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DETERMINATION

After responding to a claim, the unemployment division issues a written eligibility determination and sends a copy
to the applicant and employer . This determination becomes final unless a written appeal is filed within 15 calendar
days after the mailing date of the notice .

APPEAL TO DETERMINATION

As the employer you will receive notice when a former employee is determined to be eligible for benefits . You then
have the right to appeal the determination . Give the reasons you believe the determination is in error and include
the full name and social security number of the claimant . Typically there is a tight deadline to file the appeal so be
sure to respond immediately .

HEARING

Unemployment hearings are not to be compared to a court of law . Rather, they are generally informal for parties
to present testimony and evidence so that the hearing officer can make a reasonable and unbiased decision .
Information already submitted to the state must be reinforced at the hearing . Any details not previously addressed
should be presented . This will be your final opportunity to submit any new evidence or testimony .
The hearing begins with an explanation of the legal issues, the purpose of the hearing and procedures to be
followed . The hearing officer will explain the order in which the individuals will testify and the rights of cross-
examination and rebuttal . An oath or affirmation is then administered to all witnesses . The party who initiated
the separation (moving party) will present their case first . The hearing officer asks the witnesses specific questions
regarding the separation . Witnesses should answer to the best of their knowledge with precise statements . Each
side is given ample time to give testimony and present documentation . The hearing officer then concludes the
hearing and states that all testimony and evidence will be considered . All interested parties are notified of the
decision by mail .

APPEAL TO DECISION

After the hearing you will receive the decision which outlines the facts obtained at the hearing and applicable laws
or regulations on which the hearing officer based the decision . You may appeal an unfavorable decision to the
State’s Board of Review . At this level, no new facts may be presented . Rather, you may question the hearing officer’s
conclusion based on the facts previously presented and the application of state regulations . The appeal should
state, in detail, why you believe standard procedures were not followed or certain facts were not considered .

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